The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009

Amendment of regulation 208

71.—(1) Regulation 208 (Amount of children’s pension under regulation 201: re-employed pensioners) is amended as provided by paragraphs (2) to (5).

(2) In paragraph (1) after “active member”, insert “or a non-contributing member”.

(3) For sub-paragraphs (a) and (b) of paragraph (2), substitute—

“(a) in the case of—

(i) a deceased active member, the rate of the deceased’s pensionable earnings during the last complete quarter before the member died, or

(ii) a deceased non-contributing member, the rate of the monthly average of the deceased’s uprated earnings on the last day of the member’s pensionable service, and

(b) the rate of the pension being received by the deceased (if any) at the date of death.”.

(4) In paragraph (5)—

(a) in sub-paragraph (a) after “active member”, insert “or a non-contributing member”;

(b) in sub-paragraph (b) after “active members”, insert “or non-contributing members”.

(5) For paragraph (6)(a), substitute—

“(a) the service taken into account (in regulation 203(3)) for the purposes of the calculation of the amount referred to in paragraph (5)(a), and”.