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

Amendment of regulation 2.E.10

40.  In regulation 2.E.10 (amount of children’s pension under regulation 2.E.8: deceased active members)—

(a) in the heading after “deceased active members” insert, “and deceased non-contributing members”;

(b) in paragraph (1) after “active” insert, “, or a non-contributing member”;

(c) for paragraph (4), substitute—

“(4) For this purpose “relevant service” means—

(a) in the case of an active member, the greater of —

(i) the pensionable service the deceased was entitled to count on the date of death, increased by the enhancement period (if any) that would have applied for the purposes of regulation 2.D.8(5) if the deceased had become entitled to a tier 2 ill-health pension on the date of death, and

(ii) 10 years’ pensionable service;

(b) in the case of a non-contributing member, the pensionable service that the deceased was entitled to count on the date of death.”;

(d) in paragraph (6) for “equal to the rate of the deceased’s pensionable pay at the date of death.”, substitute—

“equal to—

(i) in the case of a deceased active member, the rate of the deceased’s pensionable pay at the date of death, and

(ii) in the case of a deceased non-contributing member, the rate of the deceased’s reckonable pay.”;

(e) in paragraph (7) for “equal to the rate of the deceased’s pensionable pay at the date of death.”, substitute—

“equal to—

(i) in the case of a deceased active member, the rate of the deceased’s pensionable pay at the date of death, and

(ii) in the case of a deceased non-contributing member, the rate of the deceased’s reckonable pay.”.