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

Amendment of regulation S4A

15.  In regulation S4A (benefits on death in pensionable employment after pension under regulation E2A becomes payable ) after paragraph (1), insert–

“(1A) Subject to the modifications set out in paragraph (1B), this regulation shall also apply to a member in respect of whom a pension is payable under regulation E2A who–

(a) returns to pensionable employment after that pension becomes payable; and

(b) on the day the member dies, the member is–

(i) under the age of 75;

(ii) in NHS employment;

(iii) no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and

(iv) except where regulation R4(6) applies, not in receipt of a pension under any of regulations E1 to E5 in respect of the member’s later service.

(1B) The modifications referred to in paragraph (1A) are–

(a) in paragraph (6), for “on the date of the member’s death” substitute “on the member’s last day of pensionable employment”;

(b) in paragraphs (10), for “rate of pensionable pay when the member died” substitute “final year’s pensionable pay”;

(c) in paragraph (15)(a), for “rate of pensionable pay when the member died” substitute “final year’s pensionable pay”; and

(d) in paragraph (15)(b), for “at that time” substitute “when he died”.”.