(1) The spouse or civil partner of a deceased member who survives that member -

(a) shall not be granted or paid a survivor's pension under this Part if that spouse or civil partner was, at the time of the death of the Scheme member, cohabiting with a person other than the deceased member, or

(b) shall not be paid a survivor's pension under this Part in respect of any period after the death of the Scheme member during which the spouse or civil partner is married, in a civil partnership or cohabiting with any person.

(2) Notwithstanding subsection (1), where -

(a) a survivor's pension was not granted to a person by virtue of subsection (1)(a) or, if granted, is not being paid to a person by virtue of subsection (1)(b), and

(b)

(i) at a date subsequent to the date of any marriage or civil partnership to which subsection (1)(b) relates, the marriage or civil partnership -

(I) has ceased because of the death of the other person concerned, or

(II) has been duly dissolved,