The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

Dual capacity membership: death benefits

218.—(1) This paragraph applies if the deceased member was—

(a) a member of the Scheme of two or more of the kinds specified in paragraph (2),

(b) a pensioner member in respect of two or more pensions, or

(c) a deferred member in respect of two or more pensions.

(2) The kinds of member are—

(a) an active member,

(b) a deferred member,

(c) a pensioner member, and

(d) a pension credit member.

(3) If paragraph (1) applies, the general rule is that—

(a) benefits are payable in respect of the member under this Chapter as if two or more members of the kinds in question had died (so that two or more pensions or lump sums are payable in respect of the one deceased member), and

(b) the amounts payable are determined accordingly.

(4) Paragraph (3) does not apply where specific provision to the contrary is made about a person to whom that paragraph would otherwise apply.

(5) See, in particular—

(a) regulation 196 (amount of pensions under regulation 194: active members),

(b) regulation 197 (amount of pensions under regulation 194: pensioner members),

(c) regulation 200 (re-employed pensioners: adult survivor pensions in initial period),

(d) regulation 201 (surviving children’s pensions),

(e) regulation 208 (amount of children’s pension under regulation 201: re-employed pensioners),

(f) regulation 209 (lump sum benefits on death: introduction),

(g) regulation 211 (amount of lump sum: dual capacity members (disregarding regulation 180 employments)),

(h) regulation 212 (amount of lump sum: dual capacity members: members with pensions under regulation 180), and

(i) Chapter 7 (re-employment and rejoining the Scheme).

(6) If a person who is a pension credit member is entitled to two or more pension credits—

(a) benefits are payable in respect of the person under this Chapter as if the person were two or more persons, each being entitled to one of the pension credits (so that two or more pensions or lump sums are payable in respect of the one pension credit member), and

(b) the amounts of those benefits are determined accordingly.