Protections for my family - Pre 1 April 2008 leaver

If you have a deferred benefit, but you die before those benefits are paid, a death grant equal to the value of your lump sum may be paid to your nominee(s).

However, if you left with deferred benefits and die before receiving them and you are also an active member of the LGPS when you die, the death grant payable is the higher of:

• a lump sum death grant equal to the value of your lump sum, or
• three times your assumed pensionable pay from the job you were doing when you died

You can check your current nominations by logging into your online pension account.

If you were married, or had a civil partner at the time of your death, they’ll be entitled to an ongoing pension which will be paid for the rest of their life and will increase each year in line with the cost of living. The pension is calculated as 1/160th of your final pay multiplied by the following that your pension is based on:

Opposite sex marriage – female survivor: all your membership.

Opposite sex marriage – male survivor: membership from 6 April 1988. If you have any membership before 6 April 1988, this will not count towards their pension unless you’ve already requested this.

Same sex civil partner: all your membership.

Same sex marriage – If you left before 1 April 1998, membership from 6 April 1978 and if you left between 1 April 1998 and 31 March 2008 (inclusive), all your membership.

Opposite sex civil partnership – female survivor: on membership from 6 April 1978.

Opposite sex civil partnership – male survivor: on membership from 6 April 1988.

If you left the LGPS before 1 April 1998, different rules can apply if your husband or wife remarries.

If you married after leaving the LGPS, the survivor’s pension will be based on the following.

Opposite sex marriage – female survivor and same sex marriage: membership from 6 April 1978, plus certain additional membership.

Opposite sex marriage – male survivor: membership from 6 April 1988, but excluding additional membership you bought or your employer gave you.

If you have any eligible children at the time of your death, they will be entitled to a children’s pension and this will increase in line with the cost of living.

To be eligible, at the date of your death, your children must be:

• born before or within a year of your death, and
• under 18 and be wholly or mainly dependant on you, or
• under 23, dependant on you and be in full time education or undertaking vocational training.

In some cases, the following may be classed as an eligible child:

• a dependant child, under age 23, who starts full-time education or vocational training, after the date of your death
• a dependant child of any age, who can’t get a job for not less than 30 hours in each week for a period of not less than 12 months because of physical or mental impairment and either:
• has not reached the age of 23, or
• the impairment is, in the opinion of an independent registered medical practitioner, likely to be permanent and the child was dependent on you when you died because of that mental or physical impairment.

The amount of pension they’ll get depends on the number of children you have and whether or not a survivors pension is being paid to a husband, wife or civil partner.

If a survivors pension is being paid, one child would get a quarter of your pension, while two or more children would get half between them.

If no survivors pension is being paid, one child would get a third of your pension, while two or more children would get two thirds between them.