17 Minimum pensions for widows and widowers

17  Minimum pensions for widows and widowers

(1)     Subject to the provisions of this Part, the scheme must provide that if the earner dies leaving a [widow, widower or surviving civil partner] (whether before or after attaining pensionable age), the [widow, widower or surviving civil partner] will be entitled to a guaranteed minimum pension under the scheme.

[(1A)     But a scheme may be amended so as to omit provision of the kind specified in subsection (1) if the conditions specified in section 24B are satisfied.]

(2)     The scheme must contain a rule to the effect that—

(a)     if the earner is a man[, or a woman in a relevant gender change case,] who has a guaranteed minimum under section 14, the weekly rate of the widow's pension will be not less than the widow's guaranteed minimum;

(b)     if the earner is a woman who has a guaranteed minimum under that section, the weekly rate of the widower's pension will be not less than the widower's guaranteed minimum;

[(c)     if the earner is a person who has a guaranteed minimum under that section, the weekly rate of the surviving civil partner's pension will not be less than the surviving civil partner's guaranteed

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