The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

[F1 Children’s pensions payable on the death of a Waiting Period Joiner N.I.

136ZC— (1) This regulation applies in respect of a Waiting Period Joiner’s service in this Section of the Scheme, where at the date of that Joiner’s death that Joiner was an active, non-contributing, pensioner or deferred member who was entitled to a pension under the 1995 Regulations in respect of service in the 1995 Section (“the earlier 1995 Section service”).

(2) In the case of a deceased Waiting Period Joiner who, at the date of that Joiner’s death was an active or non-contributing member, “relevant service” for the purposes of paragraph (4) of regulation 76 shall have the meaning given in paragraph (3).

(3) “Relevant service” means—

(a) in the case of a deceased Waiting Period Joiner who was, at the date of that Joiner’s death, an active member, the greater of—

(i) the pensionable service that Joiner was entitled to count at that date, increased by the enhancement period (if any) that would have applied for the purposes of regulation 52(5) if that Joiner had become entitled to a tier 2 ill-health pension at that date, and

(ii) that Joiner’s later 2008 Section service as an active member plus the difference between—

(aa) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service as an active member; and

(bb) 10 years pensionable service,

where the amount of service in paragraph (aa) is less than that specified in paragraph (bb);

(b) in the case of a deceased Waiting Period Joiner who, at the date of that Joiner’s death was a non-contributing member, the pensionable service that Joiner was entitled to count under this Section of the Scheme on the date of that Joiner’s death.

(4) In the case of a deceased Waiting Period Joiner who, at the date of that Joiner’s death was a pensioner member, “the basic death pension” for the purposes of paragraph (3) of regulation 77 shall have the meaning given in paragraph (5).

(5) The “basic death pension” means the greater of—

(a) 75% of the deceased Waiting Period Joiner’s annual pension (disregarding any additional pension); and

(b) 75% of the annual pension to which that Joiner would have been entitled in respect of the aggregate of that Joiner’s later 2008 Section service plus the difference between—

(i) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service, and

(ii) 10 years pensionable service,

where the amount of service in head (i) is less than that specified in head (ii).

(6) In the case of a deceased Waiting Period Joiner who, at the date of that Joiner’s death was a deferred member, “the basic death pension” for the purposes of paragraph (3) of regulation 78 shall have the meaning given in paragraph (7).

(7) The “basic death pension” means—

(a) if the deceased Waiting Period Joiner died within 12 months after ceasing to be an active member or a non-contributing member, the amount that would be the basic death pension for the purposes of regulation 76 if that Joiner had died on the day of so ceasing (disregarding any additional pension); and

(b) if the deceased Waiting Period Joiner died more than 12 months after ceasing to be an active member or a non-contributing member, the greater of—

(i) 75% of the pension to which that Joiner would have been entitled if that Joiner had become entitled to a pension under regulation 45 on the date of death (disregarding any additional pension), and

(ii) 75% of the annual pension to which that Joiner would have been entitled in respect of the aggregate of that Joiner’s later 2008 Section service that has been deferred plus the difference between—

(aa) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service that has been deferred; and

(bb) 10 years pensionable service,

where the amount of service in paragraph (aa) is less than that specified in paragraph (bb).]

Textual Amendments

F1 Pt. 2 Ch. 11 inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Injury Benefits and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/286), reg. 34, reg. 1(2)