Rights to pension after death of same sex spouse

Silvertabby

I found the 2017 version of DRS1s link, but that is very similar.  ie, pensions payable to partners with no mention of post retirement marriages.

I agree with DRS1 - you need to ask the scheme for details of the specific rule that they are claiming precludes you from receiving a partner's pension, and its source.  

Andrewandjohn

This was their response

As per your request, please note that Scheme Rule 33 states the following, regarding restriction on the spouse pension in case of death in retirement, and I can advise that the Rules have no provision for dependant pension for unmarried couple living together.

`A Qualifying Spouse`s pension shall not be payable to a Qualifying Spouse to whom the Member was not married and was not in civil partnership with at the date of retirement or leaving service if earlier, where applicable.`

I think that the pension you mentioned is a different scheme 

Like you, I couldn’t find the rules, even on the members website. The scheme is currently run by Isio

Andrewandjohn

Here’s the gov.uk link to the scheme

Andrewandjohn

And here’s a screenshot from their website. I get the impression that they look after more than one scheme. Again, I searched for the rules in vain. 

Andrewandjohn

“Most schemes”, “if we pay….” All rather vague

Silvertabby

Yes, the isio website definitely mentions payment to co-habiting (financially interdependant) partners.  Have you told them that you were living together before your partner retired, rather than just quoting your date of marriage?  

DRS1

Andrewandjohn said:

This was their response

As per your request, please note that Scheme Rule 33 states the following, regarding restriction on the spouse pension in case of death in retirement, and I can advise that the Rules have no provision for dependant pension for unmarried couple living together.

`A Qualifying Spouse`s pension shall not be payable to a Qualifying Spouse to whom the Member was not married and was not in civil partnership with at the date of retirement or leaving service if earlier, where applicable.`

I think that the pension you mentioned is a different scheme 

Like you, I couldn’t find the rules, even on the members website. The scheme is currently run by Isio

Yes with so many pension schemes and some of them having very similar names I thought I might have got the wrong one.  Google doesn't help - if I search for the Plan it gives me results for the National Scheme.

The suspicious part of me would ask to see a copy of the Rules themselves but on the basis of what they have quoted that would seem to be that.  It is a shame they didn't have an alternate financial dependant's provision.  

You might want to look through any pension papers your husband had just to make sure they have the right pension scheme.  Maybe see if you can find a member's booklet for the Plan and see what that says (but the rules are what will prevail if there is a conflict).

xylophone

https://www.arrivapensions.com/scheme-details

Two separate schemes?

 Arriva Passenger Services Pension Plan  (APSPP)    and   Arriva Passenger Services National Pension Scheme. (APSNPS)

I wonder does Rule 33  apply to just one of them?

Shimrod

Andrewandjohn said:

And here’s a screenshot from their website. I get the impression that they look after more than one scheme. Again, I searched for the rules in vain. 

Isio are pensions administrators (and actuaries), they are not the pension trustees who are ultimately responsible. They will be responsible for many pension schemes, so anything on their website is likely to be generic-  much like the above.

Like DRS1  I would be inclined to ask for a copy of the pension rules. While the information they've provided may be correct, it's not unknown for the wrong rule to misapplied or for a rule to be misinterpreted. The trustees (but not the administrators) may have a level of discretion they can use when determining whether there should be a survivor's pension.