The Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 2012

Spouse’s pension

11.—(1) On the death of a Member after the Cut-Off Date a spouse’s pension shall be payable in accordance with this Rule 11.

(2) If a Member, who was not a Relevant Member, dies after the Cut-Off Date leaving a spouse, a spouse’s pension shall be payable in accordance with whichever of the provisions of this Rule 11 are applicable depending on the status of the Member on the day that Member died in respect of all the Member’s RMSPS Reckonable Service (subject to Rule 12 (Spouse’s pension for Relevant members)).

(3) If a Relevant Member dies after the Cut-Off Date leaving a spouse, a spouse’s pension shall be payable equal to the aggregate of the following—

(a) a spouse’s pension calculated in accordance with whichever of the provisions below of this Rule 11 is applicable depending on the status of the Member on the day that Member died in respect of both that part of the Relevant Member’s RMSPS NRA60 Pension attributable to RMSPS Reckonable Service on and after the Relevant Date and the Relevant Member’s RMSPS NRA65 Pension; and

(b) a spouse’s pension calculated in accordance with whichever of the provisions of Rule 12 (Spouse’s pension for Relevant members) is applicable in respect of that part of the Relevant Member’s RMSPS NRA60 Pension attributable to RMSPS Reckonable Service before the Relevant Date,

subject in both cases to Rule 13 (Provisions applicable to Rules 11 and 12).

For avoidance of doubt, where the Member is a Relevant Member, for the purposes of determining the spouse’s pension payable under (a) above, references in the following provisions of this Rule 11 to “the Member’s RMSPS NRA60 Pension” shall be read as “the part of the Member’s RMSPS NRA60 Pension attributable to that Member’s RMSPS Reckonable Service on and after the Relevant Date”.

(4) If the Member dies when no benefits from the RMSPS have been brought into payment, and the Member leaves a spouse, the spouse shall be entitled to a pension equal to the aggregate of—

(a) ½ of the Member’s RMSPS NRA60 Pension; and

(b) ½ of the Member’s RMSPS NRA65 Pension,

in both cases which the Member would have received on that Member’s date of death had his or her RMSPS NRA60 Pension and RMSPS NRA65 Pension come into payment on that date without the reduction set out in Rule 3(9) (Benefits payable to Members on retirement).

(5) If the Member dies when that Member’s RMSPS NRA60 Pension was in payment but his or her RMSPS NRA65 Pension had not yet come into payment, and the Member left a spouse, the spouse shall be entitled to a pension equal to the aggregate of—

(a) ½ of the Member’s RMSPS NRA60 Pension in payment at the date of the Member’s death (subject to Rules 13(1) and (3) (Provisions applicable to Rules 11 and 12)); and

(b) ½ of the Member’s RMSPS NRA65 Pension which the Member would have received on that Member’s date of death had that pension come into payment on that date without the reduction set out in Rule 3(9) (Benefits payable to Members on retirement).

(6) If the Member dies when that Member’s RMSPS NRA60 Pension has not come into payment but that Member’s RMSPS NRA65 Pension was in payment, and the Member left a spouse, the spouse shall be entitled to a pension equal to the aggregate of—

(a) ½ of the Member’s RMSPS NRA60 Pension which the Member would have received on that Member’s date of death had that pension come into payment on that date without the reduction set out in Rule 3(9) (Benefits payable to Members on retirement); and

(b) ½ of the Member’s RMSPS NRA65 Pension in payment at the date of the Member’s death (subject to Rules 13 (1) and (3) (Provisions applicable to Rules 11 and 12)).

(7) If the Member was in receipt of both his or her RMSPS NRA60 Pension and his or her RMSPS NRA65 Pension and died leaving a spouse, the spouse shall be entitled to a pension equal to the aggregate of—

(a) ½ of the Member’s RMSPS NRA60 Pension; and

(b) ½ of the Member’s RMSPS NRA65 Pension,

in both cases in payment on the date of the Member’s death (subject to Rules 13(1) and (3) (Provisions applicable to Rules 11 and 12)).