Police pension

NickyBott

My husband and I separated after 26 years of marriage, although we did not divorce as the separation was amicable. My husband was a Police Offer and retired 15 years ago and was in receipt of his pension. He passed away on 8th April and I am the sole beneficiary of his estate.
The Police Authority has written to me stating that I am entitled to half my husband's pension - unless I am co-habiting! I dohave another partner and we are living together. surely this is a breach of human rights as it means that any police widow/widower cannot have another partner or get married if they want to keep their part of the police pension. Not only this, I feel that I was with my husband throughout his working life with the police and contributed towards all household payment as I was working too.
I would be grateful to know your views.

hollie.weimeraner

NickyBott wrote: »

My husband and I separated after 26 years of marriage, although we did not divorce as the separation was amicable. My husband was a Police Offer and retired 15 years ago and was in receipt of his pension. He passed away on 8th April and I am the sole beneficiary of his estate.
The Police Authority has written to me stating that I am entitled to half my husband's pension - unless I am co-habiting! I dohave another partner and we are living together. surely this is a breach of human rights as it means that any police widow/widower cannot have another partner or get married if they want to keep their part of the police pension. Not only this, I feel that I was with my husband throughout his working life with the police and contributed towards all household payment as I was working too.
I would be grateful to know your views.

Don't know about a breach of human rights but this is a story that hit the news a while ago
http://www.thetelegraphandargus.co.uk/news/local/localbrad/3749137.Sharon_s_widower_welcomes_review/

nearlyrich

It is usual for widow's payments from a pension fund to be ceased if the widow remarries or lives wih someone, not sure why it's a breach of human rights though...

dunstonh

These sort of restrictions often exist on defined benefit schemes. The aim is to pay a dependents pension. If you cease to be a dependent, the cease to pay out.

A lot of the scheme rules were put in place decades ago when times were different.

jamesd

Did you receive legal advice from a solicitor about your situation and options in recent years?

The reason I'm asking is that a pensions sharing order would have protected you from this outcome, splitting the pension income between you as part of an overall split of assets on divorce. So there's a chance that recent advice might have failed to be properly complete. This might leave grounds to seek redress from the solicitor concerned.

What's fair depends on the circumstances. The old fashioned expectation is that the pension would provide for a non-working housewife and that she would not need the support if she lived with someone else. The newer expectation is that each person is independent. The choices can be very hard. In judging fairness it's also worth considering what part of the pension your husband was paying you and whether the presence or absence of those payments indicated that a settlement between you had been reached.

In any case, fairness is somewhat moot because it's a normal term. The possibility that you received incorrect legal advice would be your most viable avenue of complaint if you do want to live with someone else as their spouse.

gardner1

i would think a key thing would be are you a dependent to which the answer is no

Ian_W

NickyBott wrote: »

surely this is a breach of human rights as it means that any police widow/widower cannot have another partner or get married if they want to keep their part of the police pension.

That assumes that you have a "share" of the pension which isn't how the pension rules were written when your husband retired in the mid-1990's. The rules for many public sector schemes inc the police were based on benefits for the member when they retire and benefits for any dependant survivor when they die (widows, children in full-time education etc).

The fact is that had you divorced there would have been no entitlement - FULL STOP. If you are co-habiting (or start co-habiting after receiving a widows pension) you're not considered to be dependent and the pension doesn't get paid (or ceases).

Public sector pensions are largely unfunded and don't have a "pot" of money paid into by the employer and employee during their working lives. Although your husband would have paid 11% of salary when he worked, when he retired his pension would be paid by general taxation. As such the rules are often framed in terms of providing for need rather than ownership of a lump of money as might be the case with a private pension.

You might want to speak to NARPO about this but as many, many widows will have been in situations where co-habitation has prevented or ceased payment of a pension I suspect any legal aspects will have been seriously considered and discounted long ago.

bristol_pilot

Ian_W wrote: »

many, many widows will have been in situations where co-habitation has prevented or ceased payment of a pension I suspect any legal aspects will have been seriously considered and discounted long ago.

Yes it has. And the reason is that payments for a dependant wife are part of the husband's pension benefits (that he paid in for) not those of the wife. If the wife had paid in for a pension in her own right then of course the benefits do not cease if she then co-habits with someone.

Which is why - ladies - you should make your own money, own pension provision and not expect to get through life by living off a man (or men).

kindofaverage

bristol_pilot wrote: »

Yes it has. And the reason is that payments for a dependant wife are part of the husband's pension benefits (that he paid in for) not those of the wife. If the wife had paid in for a pension in her own right then of course the benefits do not cease if she then co-habits with someone.

Which is why - ladies - you should make your own money, own pension provision and not expect to get through life by living off a man (or men).

Dear bristol pilot - and I assume you are a man. women are not always able to pay into a pension for many years due to their own 'work' committments at home. It is called, caring for kids and home etc. Hope you understand that!

dunstonh

kindofaverage wrote: »

Dear bristol pilot - and I assume you are a man. women are not always able to pay into a pension for many years due to their own 'work' committments at home. It is called, caring for kids and home etc. Hope you understand that!

Doesnt stop the retirement planning and other financial needs being catered for.

Failure to plan "jointly" and cover both partners often leads to issues should the wrong one die first.

hcb42

I want to change my vote now I have read the thread.

No, if you have split up with him, and are not dependent on him, then no pension. That is not breaching human rights!