77.—(1) This regulation applies for determining the annual amount of the pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was a pensioner member of [F1this Section of] the Scheme who was not also an active member [F2or a non-contributing member] .
(2) Subject to paragraphs (5), (6) and (7) that amount is the appropriate fraction of the basic death pension.
(3) In this regulation “the basic death pension” means the greater of—
(a)75% of the deceased's annual pension (disregarding any additional pension), and
(b)75% of the annual pension to which the deceased would have been entitled if the deceased had been entitled to count 10 years' pensionable service (disregarding any additional pension).
[F3In the case of a 2008 Section Optant, this is subject to regulation 136X [F4and in the case of a Waiting Period Joiner, this is subject to regulation 136ZC].]
(4) In this regulation “the appropriate fraction” means—
(a)if there is a surviving parent of the dependent child or children or a surviving spouse or civil partner of a parent of the dependent child or children and a surviving adult dependant's pension is payable under regulation 67—
(i)one-quarter if there is only one dependent child, and
(ii)one-half if there are two or more dependent children,
(b)if there is such a parent or spouse or partner of a parent, but no surviving adult dependant's pension is payable under regulation 67—
(i)one-third if there is only one dependent child, and
(ii)two-thirds if there are two or more dependent children,
(c)if there is no such parent or spouse or partner of a parent—
(i)one-third if there is only one dependent child, and
(ii)two-thirds if there are two or more dependent children.
(5) If—
(a)a surviving adult dependant's pension is payable under regulation 67, and
(b)there is a dependent child who is not dependent on the person entitled to that pension,
the rate of the pension in respect of that child for the first 3 months after the deceased's death is equal to the rate of the member's pension at the date of death (disregarding any additional pension).
(6) In a case within paragraph (4)(b) or (c), the rate of the pension in respect of the dependent child or children for the period of 6 months beginning with the deceased's death is equal to the rate of the member's pension at the date of death (disregarding any reduction made under Chapter 8 (abatement) and any additional pension).
(7) If the deceased member's pension was payable under regulation 48 (early payment of pensions with actuarial reduction), the reference in paragraph (3) (a) and (b) to the member's pension is a reference to the amount that the member's pension would have been if it had been calculated without the reduction mentioned in paragraph (2)(b) of that regulation.
[F5(8) For the purposes of paragraphs (1) and (2), any reduction in the member’s pension under regulation 58 and regulation 136L will be ignored.]
Textual Amendments
F1Words in reg. 77(1) inserted (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), reg. 1(2), Sch. 2 Pt. 1
F2Words in reg. 77(1) added (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), 39
F3Words in reg. 77(3) inserted (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), 43(2)
F4Words in reg. 77(3) 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), Pt. 3 reg. 27, reg. 1(2)
F5Reg. 77(8) 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), 43(3)