The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009

Amendment of regulation 3.E.15

75.  In regulation 3.E.15 (amount of children’s pension under regulation 3.E.8: re-employed pensioners)—

(a) in paragraph (1) after “active member”, insert “or a non-contributing member”;

(b) for sub-paragraphs (a) and (b) of paragraph (2), substitute—

“(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.”;

(c) in paragraph (5)—

(i) in sub-paragraph (a) after “active member”, insert “or a non-contributing member”,

(ii) in sub-paragraph (b) after “active members”, insert “or non-contributing members”;

(d) for paragraph (6)(a), substitute—

“(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”.