The National Health Service Pension Scheme Regulations 2008

3.E.15    Amount of children’s pension under regulation 3.E.8: re-employed pensioners E+W

(1) This regulation applies for determining the annual amount of a pension payable under regulation 3.E.8(1) if at the date of death the deceased was an active member [F1 or a non-contributing member] who was also a pensioner member of the Scheme.

(2) If there is no surviving adult dependant, the rate of the pension in respect of the dependent child or children for the period of 6 months beginning with the deceased’s death is equal to the sum of—

[F2 (a) in the case of—

(i) a deceased active member, the rate of the deceased’s pensionable earnings during the last complete quarter before the member died, or

(ii) a deceased non-contributing member, the rate of the monthly average of the deceased’s uprated earnings on the last day of the member’s pensionable service, and

(b) the rate of the pension being received by the deceased (if any) at the date of death.]

(3) Subject to paragraph (5), except where a pension is payable at the rate mentioned in paragraph (2), the pension in respect of the member’s later service shall be paid as the appropriate fraction of twice the appropriate proportion of the rate of pension described in—

(a) regulation 3.D.7(5) of this Part if the deceased has not reached the age of 65 on the date of death, or

(b) regulation 3.D.1 of this Part if the deceased has reached the age of 65 on the date of death.

(4) In this regulation “appropriate fraction” has the meaning given in regulation 3.E.10(4).

(5) If any dependent child was a dependent child both at the time when the pensionable service in respect of which the pension is payable ceased and at the date of death, the annual amount of the pension in respect of the dependent child or children is the sum of—

(a) the annual amount that would be payable in respect of the child under regulation 3.E.10 as a result of the member dying whilst an active member [F3 or a non-contributing member] if that regulation applied to members who are also pensioner members (disregarding the pensionable service in respect of which the pension is payable (“the pension service”) and any additional pension), and

(b) the annual amount that would be payable in respect of the child under regulation 3.E.11 as a result of the member dying whilst a pensioner member if that regulation applied to members who are also active members [F4 or non-contributing members] (having regard only to the pension service and disregarding any additional pension).

(6) If, apart from this paragraph, the sum of—

[F5 (a) the service taken into account (in regulation 3.E.10(3)) for the purposes of the calculation of the amount referred to in paragraph (5)(a), and]

(b) the pension service,

would be less than 10 years’ pensionable service, the deceased’s relevant service for the purposes of that calculation is increased by the length of the shortfall.

Textual Amendments

F1 Words in reg. 3.E.15(1) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 75(a) (with reg. 89)

F2 Reg. 3.E.15(2)(a)(b) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 75(b) (with reg. 89)

F3 Words in reg. 3.E.15(5)(a) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 75(c)(i) (with reg. 89)

F4 Words in reg. 3.E.15(5)(b) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 75(c)(ii) (with reg. 89)

F5 Reg. 3.E.15(6)(a) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 75(d) (with reg. 89)