Your eligible partner will receive an ongoing pension if you die while receiving a pension.
‘Partner’ can mean your husband or wife, civil partner, or a co-habiting partner (who meets certain conditions – see below).
If you left the LGPS before 1 April 2008 a short-term pension equal to your pension may be payable to your surviving partner:
- for three months after your death; or
- for six months after your death, if you leave dependent children in the care of your partner.
When the short-term pension stops, the pension benefits payable are as follows:
For a husband, wife or civil partner
Your membership from 1 April 2014
1/160 of your pensionable pay or assumed pensionable pay in each year you were in the LGPS;
taking into account any past benefits you transferred in.
Your membership up to 31 March 2014
1/160th of your final pay for each year you were in the LGPS up to 31 March 2014, that counts towards your pension.
However, if you marry or start a civil partnership after leaving the LGPS:
- the partner’s pension paid to a widow of an opposite sex marriage or civil partnership is based on your membership after 5 April 1978
- the partner’s pension paid to a widower of an opposite sex marriage or civil partnership is based on your Local Government Pension Scheme membership after 5 April 1988
- the partner’s pension of a same sex marriage or civil partnership is based on your membership after 5 April 1978
If you are female and have a male survivor, some parts of your service before 6 April 1988 may not be counted. However, due to recent court cases, the Government is reviewing this situation.
For an eligible co-habiting partner
Your membership from 1 April 2014
1/160 of your pensionable pay or assumed pensionable pay in each year you were in the LGPS,
taking into account any past benefits you transferred in.
Your membership up to 31 March 2014
1/160th of your final pay for each year you were in the LGPS from 6 April 1988 up to 31 March 2014, plus any membership before 6 April 1988 if you paid additional contributions to make it count.
Please note that if a Pension Sharing Order (or qualifying agreement in Scotland) applies to your pension, it would also mean that your partner’s pension would be reduced.
Eligible co-habiting partner
A co-habiting partner only qualifies for a pension if you have paid into the LGPS since 1 April 2008 and your partner can prove that the following conditions applied for at least two years running up to the date of your death:
- You were both free to marry or start a civil partnership with each other.
- You were living together as if you were a married couple or civil partners.
- Neither of you has been living with someone else as if married or in a civil partnership.
- They were financially dependent on you, or you both relied on your joint income.
Your child may receive a pension if you die after retiring.
It will be payable until the day before the child reaches age 18 (or age 23 if they continue in full time education) and goes up every year in line with the cost of living.
The amount of pension depends on the number of children you have and if your partner is also receiving a pension.
If you left the LGPS before 1 April 2008 a short-term pension equal to your pension may be payable to your children:
- for three months after your death, if you leave a partner; or
- for six months after your death, if there is no surviving partner.
When the short-term pension (if any) stops, the pension benefits payable are as follows:
If your partner receives a pension:
| If your partner receives a pension: | One child | Two or more children |
|---|---|---|
| If your partner receives a pension: Your membership from 1 April 2014 | One child 1/320 of your pensionable pay or assumed pensionable pay in each year you were in the LGPS, taking into account any past benefits you transferred in. | Two or more children 1/160 of your pensionable pay or assumed pensionable pay in each year you were in the LGPS, taking into account any past benefits you transferred in. This pension amount is then split equally between all eligible children. |
| If your partner receives a pension: Your membership up to 31 March 2014 | One child 1/320 of your final pay for each year you were in the LGPS up to 31 March 2014. | Two or more children 1/160 of your final pay for each year you were in the LGPS up to 31 March 2014. |
If no partner’s pension is payable:
| If no partner’s pension is payable: | One child | Two or more children |
|---|---|---|
| If no partner’s pension is payable: Your membership from 1 April 2014 | One child 1/240 of your pensionable pay or assumed pensionable pay in each year you were in the LGPS, taking into account any past benefits you transferred in. | Two or more children 1/120 of your pensionable pay or assumed pensionable pay in each year you were in the LGPS, taking into account any past benefits you transferred in. This pension amount is then split equally between all eligible children. |
| If no partner’s pension is payable: Your membership up to 31 March 2014 | One child 1/240 of your final pay for each year you were in the LGPS up to 31 March 2014, that counts towards your pension. | Two or more children 1/120 of your final pay for each year you were in the LGPS up to 31 March 2014, that counts towards your pension. |
If you’ve paid additional contributions, they will be treated as follows:
Additional voluntary contributions (AVCs)
Value of your AVCs will also be payable.
Additional regular contributions (ARCs) (started before 1 April 2014)
Only count towards dependants’ pensions if you chose to pay towards dependants’ benefits.
Extra contributions towards added years (started before 1 April 2008)
Will count towards dependants’ pensions.
Additional pension contributions (APCs) or shared-cost additional pension contributions (SCAPCs) to buy extra pension
Do not count towards dependants’ pensions.
Visit the Contact details page if you have any questions.