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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9797
Experience:  I have been practising for 30 years.
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My husband and I were separated when he died and his company

Resolved Question:

my husband and I were separated when he died and his company only want to pay me quarter of pension rather than half.Is this right
Submitted: 1 month ago.
Category: Law
Expert:  F E Smith replied 1 month ago.

Hello - who is the company please?

Customer: replied 1 month ago.
RPMI south eastern railway pension but he worked for royal mail fòr most of that pension and it was carried over to railway
Expert:  F E Smith replied 1 month ago.

It doesn’t matter that you are separated or living together. You were still married and therefore, you are entitled to the widow’s pension in all the schemes I have ever come across although the amount of the widow’s pension will vary..

There may be a provision in the pension scheme rules that you must be living together at the time of death in order for you to benefit from the full spouse’s pension but it is most unusual and indeed, it’s not something I have ever experienced.

I suggest that you ask them whereabouts in the scheme rules it says that you are not entitled to the full 50% widow’s pension was only 25%.

Once you have a reply from them you will be in the position to decide whether to make a formal complaint and if the formal complaint doesn’t bear fruit, and refer the matter to the Pension Ombudsman. https://www.pensions-ombudsman.org.uk/

. Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

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Best wishes.

FES.

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you will write to them about it.