Alec Samuels on the loss of pension on remarriage or cohabitation
The surviving spouse (usually the widow, but it could be the widower, and the law applies equally) may be in receipt of a state pension and also a public sector pension or a private sector occupational pension as a result of the death of her spouse. Depending upon the terms of the enabling statute or regulation or instrument or deed or contract, if she remarries or enters into a civil partnership or cohabits she may or may not forfeit that pension. If she is an older woman or if she is drawing the pension under an older scheme she is much more likely to lose the pension than if she is a younger woman or drawing the pension under a newer scheme. Different schemes apply throughout the public sector, eg armed forces, police, doctors and medical staff, local government employees, teachers, and throughout the multifarious private sector schemes.
Many longstanding schemes have in recent years altered the terms so as not, or no longer, to “penalise” the widow, but usually not retrospectively.
Justifications
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