Survivor's pension if you die with a deferred benefit

A pension may be provided for your:

  • spouse
  • registered civil partner
  • eligible cohabiting partner, subject to certain qualifying conditions and if you were a member of the LGPS on or after 1 April 2008.

Their pension is payable immediately after your death for the rest of their life. It increases every year in line with the cost of living.

For your spouse

Pension benefits are generally calculated based on:

MembershipCalculation
Your membership from 1 April 20141/160th of the pensionable pay or assumed pensionable pay you received in each year plus a proportion of any transfer of pension rights credited to your pension account.
Your membership up to 31 March 20141/160th of your final pay times (x) the period of your membership up to 31 March 2014, upon which your deferred benefit is based.

However, if you marry after leaving the LGPS the survivor's pension paid to:

  • a widow of an opposite sex marriage is based on your membership after 5 April 1978
  • a widower of an opposite sex marriage is based on your membership after 5 April 1988
  • the survivor of a same sex marriage is based on your membership after 5 April 1978.

For your civil partner

Pension benefits are generally calculated based on:

MembershipCalculation
Your membership from 1 April 20141/160th of the pensionable pay or assumed pensionable pay you received in each year plus a proportion of any transfer of pension rights credited to your pension account.
Your membership up to 31 March 20141/160th of your final pay times (x) the period of your membership up to 31 March 2014, upon which your deferred benefit is based.

However, if you enter into a civil partnership after leaving the LGPS, your civil partner's pension is based on:

  • your membership after 5 April 1978, or
  • on all of your membership if you left the LGPS between 1 April 2008 and 31 March 2014 and you, or your civil partner, made an election before 1 April 2015 for pre 6 April 1988 membership to also count.

For your eligible cohabiting partner

Pension benefits are generally calculated based on:

MembershipCalculation
Your membership from 1 April 20141/160th of the pensionable pay or assumed pensionable pay you received in each year plus a proportion of any transfer of pension rights credited to your pension account.
Your membership up to 31 March 20141/160th of your final pay times (x) the period of your membership from 6 April 1988 up to 31 March 2014, plus any membership before 6 April 1988 if you elected to pay additional contributions to make it count.*

*An election to pay additional contributions to make membership before 6 April 1988 count towards the calculation of cohabiting partner's pension must have been made before 1 April 2014.

Eligible cohabiting partner entitlement

For a cohabiting partner to be entitled to receive a survivor's pension:

  • you must have paid into the LGPS on or after 1 April 2008, and
  • your relationship must meet certain qualifying conditions laid down by the LGPS.

Eligible cohabiting partner qualifying conditions

A cohabiting partner is someone you are living with as if you are married or in a civil partnership.

On your death your cohabiting partner is automatically entitled to a survivor's pension as long as your relationship meets certain conditions laid down by the LGPS. The conditions are that for a period of at least 2 years at the date of your death you must:

  • both have been free to marry or enter into a civil partnership
  • both have lived together as a married couple or civil partners
  • have been financially interdependent on each other or your partner has been financially dependent on you
  • both have not been living with someone else as if you were husband, wife or civil partners.

On your death, your eligible cohabiting partner will be asked to provide 2 documents from 2 years before, and within 3 months of your death, as proof your relationship met the conditions. Documents of proof include:

  • utility bills
  • bank account statements
  • mortgage, lease or tenancy agreements.