Defined Benefit - Survivor Pension

[hollyblueivy]

If you’re in a local government pension scheme which is defined benefit, do you know if your cohabiting partner (not married, or civil partner but together and living together for over 20 years) will definitely get the survivors pension in the event of death? Expression of wish form completed with them to receive 100% but could the pension scheme reject this and is there more chance that they would get the survivor pension if there was a marriage rather than just co-habiting?

You need to check exactly what the scheme rules say about partner pensions.

In the Civil Service scheme the nomination form usually prevails but the survivor may need to go through checks and hoop jumping not applying when married or civil partnered.

This is what is says

When you die, we may pay a pension to your husband/wife/civil partner/cohabiting partner and your dependent children.
The amount of pension is based on how long you were in the Scheme, your pay when you retired, and any dependants you leave. The pension will be payable for life to your husband/wife or your civil partner or your cohabiting partner even if they remarry.

It’s entirely up to the trustees of the scheme. Yes, there may be several large hoops to jump through or just a simple piece of paper to sign.
Having been through both processes in the past year, there is no definitive answer. Both my solicitor and ifa were quite shocked when I was investigated before a payout was determined by one company and yet another pension just happily switched the pension for me without a qualm. (dh died and of his 7 pensions every single one behaved differently.)

I’m sorry for your loss. Thank you for sharing your experience.

What not so a simple civil partnership to be sure.

@caringcarerYes I think this is the most reasonable solution.

Be aware that civil partnerships or marriage still won’t guarantee anything. Makes it harder for them to deny you, but it doesn’t guarantee a thing.

The circumstances for a cohabiting partner getting a pension from the LGPS are:

• the original scheme member must have paid into the LGPS at some point on or after 1 April 2008
• in the event of the member’s death the cohabiting partner must be able to prove that the following has been true for at least the last two years
• both free to marry or form a civil partnership with each other i.e. neither of you married or in a civil partnership with a third party
• you are living together as husband and wife/civil partners
• neither of you is living with anyone else as husband and wife/civil partners
• must be able to prove financial dependence or interdependence e.g. living together, shared bills etc.

As long as as all the above are met then there shouldn’t be any issue paying out to a cohabiting partner, but it’s worth making sure now that you can meet that criteria and have available evidence to prove it.

Marriage/civil partnership is more straightforward as all that needs to be supplied then is the marriage/civil partnership certificate, don’t need any further evidence. Plus marriage/civil partnership is the only way to get a survivor pension if the original scheme member left the scheme before 1 April 2008.