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

Re-employed pensioners: adult survivor pensions in initial period

73.—(1) This regulation applies if, apart from this regulation, both regulations 69(1) and 70(1) would apply on the death of a member.

(2) Where this regulation applies, the rate of pension payable by virtue of regulations 69(1) and 70(1) during the initial period (as defined in the respective regulations) shall instead be the rate provided in paragraph (3).

(3) Subject to paragraph (4), for the relevant initial period the rate of the pension payable under regulation 67 is equal to the sum of—

(a) the member’s pensionable pay at the time of death, and

(b) the member’s pension payable at that time after taking account of any reduction in the rate of the pension under Chapter 8 (abatement).

(4) Paragraph (3)(a) does not apply if—

(a) the rate of the pension payable to the surviving adult in respect of later service, and

(b) any children’s pension that would otherwise be payable in respect of later service under this Part,

would be greater.