The Local Government Pension Scheme Regulations 1997 (Amendment) Regulations 1998

25.  In paragraph 4 insert as sub-paragraphs (8) and (9)–

“(8) The aggregate pension in respect of local government employment for a surviving spouse or eligible child of a member (other than a pension provided by surrender of the member’s own pension under regulation 33) payable or prospectively payable to that surviving spouse or eligible child shall not exceed–

(a)in the case of an active or deferred member, an amount equal to two thirds of the amount which would be payable under sub-paragraph (2), ignoring any retained rights, if the member had retired in circumstances entitling him to an ill-health pension and grant under regulation 27 on the date of his death, and

(b)in the case of a pensioner member, an amount equal to two thirds of the amount payable at the date of death under sub-paragraph (1), (1A), (2), (3) or (5) ignoring any retained rights and increased in line with any subsequent increase in the retail prices index.

(9) If pensions are payable to more than one of the member’s surviving spouse and eligible children, the aggregate of all such pensions shall not exceed–

(a)on the death of an active member or deferred member the amount payable under sub-paragraph (2), and

(b)on the death of a pensioner member, the amount payable under sub-paragraph (1), (1A), (2), (3) or (5).”.