200.—(1) This regulation applies if, apart from this regulation, both regulations 196(1) and 197(1) would apply on the death of a member.
(2) Where this regulation applies, the rate of pension payable by virtue of regulations 196(1) and 197(1) during the initial period (as defined in the respective regulations) shall instead be the rate provided in paragraph (3).
(3) Subject to paragraph (4), for the relevant initial period the rate of the pension payable under regulation 194 is equal to the sum of—
[F1(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’s death, or
(ii)a deceased non-contributing member, the rate of the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service; and
[F2(b)the rate of the deceased member’s pension payable at the time of death after taking account of any reduction in the rate of the pension under—
(i)Chapter 8 of this Part,
(ii)regulation 185, and
(iii)regulation 260K.]]
(4) Paragraph (3)(a) does not apply if—
(a)the rate of the pension payable to the surviving adult in respect of later service, and
(b)any children's pension that would otherwise be payable in respect of later service under this Part,
would be greater.
Textual Amendments
F1Reg. 200(3)(a)(b) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/188), regs. 1(2), 66
F2Reg. 200(3)(b) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), regs. 1(2), 81