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

Re-employed pensioners: adult survivor pensions in initial period N.I.

73.—(1) This regulation applies if, apart from this regulation, both regulations 69(1) and 70(1) would apply on the death of a member.

(2) Where this regulation applies, the rate of pension payable by virtue of regulations 69(1) and 70(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 67 is equal to the sum of—

[F1 (a) in the case of—

(i) a deceased active member, the rate of the deceased’s pensionable pay at the time of death, or

(ii) a deceased non-contributing member, the rate of the deceased’s reckonable pay on the deceased’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 pension under—

(i) Chapter 8 of this Part,

(ii) regulation 58, and

(iii) regulation 136L.]]

(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

F1 Reg. 73(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), 37

F2 Reg. 73(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), 41