Your entitlement to derive a pension from your spouse's contributions is as follows:

• If you are receiving a basic state pension at less than the full rate, any contributions your spouse made up to 2015/16 can be combined with your contributions. This will improve your basic state pension up to a maximum of 100% of the full rate; PLUS

• If your spouse built up entitlement to 'additional' state pension (often called SERPS) prior to 2002, you can inherit at least 50% of this amount; however, depending on the date of birth of your spouse, this percentage may be anything up to 100% - a table of dates and percentages is given below. Note that it is the date of birth of the person who died which is relevant.

  Man's date of birth

  Woman's date of birth

  Maximum % of SERPS and State Pension top up you can inherit

  • 5 Oct 1937 or before
    5 Oct 1942 or before
    100%
  • 6 Oct 1937 to 5 Oct 1939
    6 Oct 1942 to 5 Oct 1944
    90%
  • 6 Oct 1939 to 5 Oct 1941
    6 Oct 1944 to 5 Oct 1946
    80%
  • 6 Oct 1941 to 5 Oct 1943
    6 Oct 1946 to 5 Oct 1948
    70%
  • 6 Oct 1943 to 5 Oct 1945
    6 Oct 1948 to 5 Oct 1950
    60%
  • 6 Oct 1945 and after
    6 July 1950 and after
    50%

  Source: Additional State Pension: Inheriting Additional State Pension - GOV.UK (www.gov.uk)

  You should be aware however that some spouses will have built up little or no additional pension; this would be particularly likely if:

  • They were in a 'contracted out' workplace pension, from which you now receive a survivor's pension OR
  • They were self-employed, as self-employed NI contributions did not generate any entitlement to additional state pension.
• If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount PLUS
• If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount.

One limited exception to your ability to inherit additional pension would be if you meet all of the following conditions:

• you reached State Pension age before 6 April 2010 AND
• your spouse or civil partner died after you reached State Pension age but before their State Pension age AND
• you're a man who was married or in a civil partnership, or a woman who was in a civil partnership, or a woman who was married to a woman (unless your partner legally changed gender after your marriage)

Provided you were married before 6th April 2016, once you start claiming your state pension, you are entitled to inherit the following, in addition to any state pension you may have built up in your own right:

• If your spouse built up entitlement to 'additional' state pension (often called SERPS) prior to 2002, you can inherit at least 50% of this amount; however, depending on the date of birth of your spouse, this percentage may be anything up to 100% - a table of dates and percentages is given below. Note that it is the date of birth of the person who died which is relevant.

  Man's date of birth

  Woman's date of birth

  Maximum % of SERPS and State Pension top up you can inherit

  • 5 Oct 1937 or before
    5 Oct 1942 or before
    100%
  • 6 Oct 1937 to 5 Oct 1939
    6 Oct 1942 to 5 Oct 1944
    90%
  • 6 Oct 1939 to 5 Oct 1941
    6 Oct 1944 to 5 Oct 1946
    80%
  • 6 Oct 1941 to 5 Oct 1943
    6 Oct 1946 to 5 Oct 1948
    70%
  • 6 Oct 1943 to 5 Oct 1945
    6 Oct 1948 to 5 Oct 1950
    60%
  • 6 Oct 1945 and after
    6 July 1950 and after
    50%

  Source: Additional State Pension: Inheriting Additional State Pension - GOV.UK (www.gov.uk)

  You should be aware however that some spouses will have built up little or no additional pension; this would be particularly likely if:

  • They were in a 'contracted out' workplace pension, from which you now receive a survivor's pension OR
  • They were self-employed, as self-employed NI contributions did not generate any entitlement to additional state pension.
• If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount PLUS
• If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount PLUS
• If your spouse paid additional contributions under the temporary 'state pension top-up' scheme (Class 3A contributions) to build up a higher state pension, you can inherit 50% of this extra amount.

One limited exception to your ability to inherit additional pension would be if you meet all of the following conditions:

• you reached State Pension age before 6 April 2010 AND
• your spouse or civil partner died after you reached State Pension age but before their State Pension age AND
• you're a man who was married or in a civil partnership, or a woman who was in a civil partnership, or a woman who was married to a woman (unless your partner legally changed gender after your marriage)

Once you start claiming your state pension, you are entitled to inherit the following, in addition to any state pension you may have built up in your own right:

• Provided that you were married before 6th April 2016, you can inherit 50% of any 'protected payment' which your spouse received (or would have received had they lived to pension age); a protected payment is any amount in excess of the standard flat rate of the new state pension; so, for example, if your late spouse had a new state pension £20 above the standard 'headline' rate, you can inherit £10 per week on top of your own state pension.

You are entitled to inherit the following, in addition to any state pension you may have built up in your own right:

• If you are receiving a basic state pension at less than the full rate, any contributions your spouse made can be combined with your contributions. This will generally improve your basic state pension up to a maximum of 100% of the full rate;

• If your spouse built up entitlement to 'additional' state pension (often called SERPS) prior to 2002, you can inherit at least 50% of this amount; however, depending on the date of birth of your spouse, this percentage may be anything up to 100% - a table of dates and percentages is given below. Note that it is the date of birth of the person who died which is relevant.

  Man's date of birth

  Woman's date of birth

  Maximum % of SERPS and State Pension top up you can inherit

  • 5 Oct 1937 or before
    5 Oct 1942 or before
    100%
  • 6 Oct 1937 to 5 Oct 1939
    6 Oct 1942 to 5 Oct 1944
    90%
  • 6 Oct 1939 to 5 Oct 1941
    6 Oct 1944 to 5 Oct 1946
    80%
  • 6 Oct 1941 to 5 Oct 1943
    6 Oct 1946 to 5 Oct 1948
    70%
  • 6 Oct 1943 to 5 Oct 1945
    6 Oct 1948 to 5 Oct 1950
    60%
  • 6 Oct 1945 and after
    6 July 1950 and after
    50%

  Source: Additional State Pension: Inheriting Additional State Pension - GOV.UK (www.gov.uk)

  You should be aware however that some spouses will have built up little or no additional pension; this would be particularly likely if:

  • They were in a 'contracted out' workplace pension, from which you now receive a survivor's pension OR
  • They were self-employed, as self-employed NI contributions did not generate any entitlement to additional state pension.
• If your spouse built up entitlement to the State Second Pension between 2002 and 2016, you are entitled to inherit 50% of this amount PLUS
• If your spouse built up entitlement to Graduated Retirement Benefit between 1961 and 1975, you are entitled to inherit 50% of this amount PLUS
• If your spouse paid additional contributions under the temporary 'state pension top-up' scheme (Class 3A contributions) to build up a higher state pension, you can inherit 50% of this extra amount.

One limited exception to your ability to inherit additional pension would be if you meet all of the following conditions:

• you reached State Pension age before 6 April 2010 AND
• your spouse or civil partner died after you reached State Pension age but before their State Pension age AND
• you're a man who was married or in a civil partnership, or a woman who was in a civil partnership, or a woman who was married to a woman (unless your partner legally changed gender after your marriage)