The National Health Service Pension Scheme Regulations 1995

Member dies in pensionable employment E+W+S

F1.—(1) If a member dies in pensionable employment before reaching age [F1 75], a lump sum on death shall be payable in accordance with regulation F5.

[F2 (1A) A lump sum on death shall be payable in accordance with regulation F5 where, on the day they died, the member is—

(a) under the age of 70;

(b) in NHS employment;

(c) no longer required to pay contributions [F3 from a date that falls before 1st April 2008] pursuant to regulation D1(3) or (4) (contributions by members); and

(d) except where regulations E2(11) or R4(6) apply, not in receipt of a pension under any of regulations E1 to E5.]

[F4 (1B) A lump sum on death shall be payable in accordance with regulation F5 where, on the day the member died, the member is—

(a) under the age of 75 if not a special class officer or under the age of 70 if a special class officer;

(b) in NHS employment;

(c) no longer required to pay contributions from a date that falls on or after 1 April 2008 pursuant to regulation D1(3) or (4) (contributions by members), and

(d) except where regulations E2(11), E2A(11) or R4(6) apply, not in receipt of a pension under any of regulations E1 to E5.]

(2) Subject to regulation S4 (benefits on death in pensionable employment after pension becomes payable), the lump sum on death will be equal to twice the member’s final year’s pensionable pay.

Textual Amendments

F1 Word in reg. F1(1) substituted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 15(2)

F2 Reg. F1(1A) inserted (with effect from 6.3.1995) by The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007 (S.I. 2007/3280), regs. 1(2)(a), 2(5)

F3 Words in reg. F1(1A)(c) inserted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 15(3)

F4 Reg. F1(1B) inserted (1.4.2008) by The National Health Service Pension Scheme (Amendment) Regulations 2008 (S.I. 2008/654), regs. 1(2), 15(4)