DB scheme - spouses pension denied

joface

I'm looking for some clarity whilst waiting for a decision from my late father's DB pension scheme.

My father recently died & was in receipt of an annuity which has already started being paid to my mum, no problems there. He also received a smaller pension from a DB scheme with Smithkline Beecham that he accrued during his service in the 70s & 80s.

My mum&dad were married during his service but divorced later, and remarried 18 years ago. My mum was married to him before & when he retired & when he died.

The trustees at Smithkline Beecham are saying she is not entitled to the spouses pension as the date of the latest marriage is after dad's pensionable service although a dependants pension may be payable instead if we can prove that she was financially dependant on dad, which she was.

I am prepared to try and get the dependants payment but would like some clarity on the wording of the plan. Dad had several versions of the plan in his paperwork but the only one mentioning about the marriage date being relevant was from when he retired, they sent him all the figures & a copy of the pension information. It states that a widows pension is payable at 50% but not payable if the date of marriage is after pensionable service AND less than 6 months before death. It does not say and/or or just or. Am I right in thinking they have made a mistake as they seem to be applying only half the requirement (in their favour). They have taken the date of marriage being after the service but ignored the 2nd bit about and if 6 months before death (I presume the clause is there to stop someone marrying quickly with a terminal diagnosis so someone can receive their pension).

If anyone can help clarify if I have a case to argue I'd appreciate it

Brynsam

The key document in all of this is the Trust Deed & Rules - that is the document on which both you and the trustees must rely and there'll be a statement somewhere in the papers you've got saying that in the case of a dispute the Trust Deed will prevail (or words to that effect). To be honest I very much doubt you'll need to get into a major scrap, given that your mum remarried him and was married to him at the time of his death and financial dependency shouldn't be difficult to demonstrate, but ask for a copy of the relevant section of the Trust Deed & Rules, if only to set your own mind at rest.

You are newly bereaved, as is your mum, so don't tackle this alone if it drags on a bit. Free, impartial and expert advice readily available from TPAS: https://www.pensionsadvisoryservice.org.uk/contacting-us

joface

Thank you so much, this has helped put my mind at rest a bit. It’s not an awful lot of money but every little helps & we had no reason to suspect she wouldn’t get anything. I will ask for a copy of that document & see how things pan out