The National Health Service Pension Scheme Regulations 2015

Amount of child pension: deceased deferred member E+W

125.—(1) This regulation determines the annual amount of pension payable under regulation 121 if, at the date of death, the deceased—

(a) was a deferred member of this scheme; and

(b) was not alsoF1 ... a pensioner member.

(2) The amount is the appropriate fraction of—

(a) the basic death pension; plus

(b) if the member had made an additional pension election under regulation 55(3)(b) (self and survivor), 75% of the amount of the additional pension.

(3) The basic death pension is—

(a) if the date of death is before the end of the period 12 months starting on the day after the deceased ceased to be an active member, the amount found by applying the formula in regulation 123(3);

(b) in any other case, the greater of—

(i) 67.5% of the pension which would have been payable if, at the date of death, the deceased had become entitled to a pension under regulation 73, but in calculating that pension under paragraph 1 of Schedule 13 sub-paragraph (d) must be ignored; and

(ii) the amount found by applying the formula in regulation 124(3).

(4) The appropriate fraction is shown in column 3 of the following table against the description of circumstances in columns 1 and 2 to which it relates.

Table

Column 1	Column 2	Column 3
Surviving adult: pension entitlement and relationship to eligible child	Number of eligible children	Appropriate fraction
A. There is a surviving parent or a surviving spouse or civil partner of a parent and a surviving adult's pension is payable under regulation 113	One dependent child	¼
	Two or more eligible children	½
B. In any other case	One eligible child	⅓
	Two or more eligible children	⅔

Textual Amendments

F1 Words in reg. 125(1)(b) omitted (1.4.2015) by virtue of The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 73 (with reg. 105)