The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2008

Amendment of regulation H5

36.—(1) Regulation H5 (child allowance when member dies with preserved pension) is amended as follows.

(2) In paragraph (2)–

(a) for “If the member dies” substitute “Subject to paragraph (2A), if the member dies”;

(b) for “H3(2)” substitute “H3(2A)”; and

(c) omit “and, where applicable, H3(3)”.

(3) After paragraph (2) insert–

“(2A) Subject to paragraph (2B) if the member’s pensionable employment ceased on or before 31st March 2008 the allowance will be calculated, as described in whichever of paragraph (4), (5) or (6) apply, as a proportion of the pension that would have been payable to the member under the scheme if the member retired through ill health with a pension under regulation E2 on the day he died.

(2B) If the member has less than 5 years' pensionable service, the allowance will be calculated as if the pension described in paragraph (2A) were based on the shorter of–

(a) 10 years' pensionable service; and

(b) the pensionable service the member could have completed if he had stayed in pensionable employment until age 65..

(4) For paragraph (3) substitute–

(3) Subject to paragraph (3A), if the member dies 12 months or more after leaving pensionable employment, the allowance will be calculated as described in whichever of paragraph (4), (5) or (6) apply, as a proportion of the amount of the member’s preserved pension or, if greater, the amount that the preserved pension would have been if it had been based on 10 years' pensionable service.

(3A) If the member’s pensionable employment ceased on or before 31st March 2008, the allowance will be calculated as described in whichever of paragraph (4), (5) or (6) apply, as a proportion of the amount of the member’s preserved pension or, if greater, the amount of that the preserved pension would have been if it has been based on the shorter of–

(a) 10 years' pensionable service; and

(b) the pensionable service the member could have completed if he had stayed in pensionable employment until age 65.”.

(5) In paragraphs (4) and (5)–

(a) for “or surviving civil partner” substitute “, surviving civil partner or surviving nominated partner”; and

(b) for “paragraph (2) or (3)” substitute “paragraphs (2) to (3A)”.

(6) In paragraph (6)–

(a) for “or surviving civil partner” substitute “, surviving civil partner or nominated partner”; and

(b) for “or surviving civil partner's” substitute “, surviving civil partner’s or surviving nominated partner's”.