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

Dual capacity membership: death benefits N.I.

91.—(1) This paragraph applies if the deceased member was—

(a) a member of [F1 this Section of] the Scheme of two or more of the kinds specified in paragraph (2),

(b) a pensioner member in respect of two or more pensions, or

(c) a deferred member in respect of two or more pensions.

(2) The kinds of member are—

(a) an active member,

(b) a deferred member,

(c) a pensioner member, and

(d) a pension credit member.

(3) If paragraph (1) applies, the general rule is that—

(a) benefits are payable in respect of the member under this Chapter as if two or more members of the kinds in question had died (so that two or more pensions or lump sums are payable in respect of the one deceased member), and

(b) the amounts payable are determined accordingly.

(4) Paragraph (3) does not apply where specific provision to the contrary is made about a person to whom that paragraph would otherwise apply.

(5) See, in particular—

(a) regulation 69 (amount of pensions under regulation 67: active members),

(b) regulation 70 (amount of pensions under regulation 67: pensioner members),

(c) regulation 73 (re-employed pensioners: adult survivor pensions in initial period),

(d) regulation 74 (surviving children's pensions),

(e) regulation 81 (amount of children's pension under regulation 74: re-employed pensioners),

(f) regulation 82 (lump sum benefits on death: introduction),

(g) regulation 84 (amount of lump sum: dual capacity members (disregarding regulation 49 employments)),

(h) regulation 85 (amount of lump sum: dual capacity members: members with pensions under regulation 49), and

[F2 (hh) regulation 86A (Pension payable when member dies on or after age 75);]

(i) Chapter 7 (re-employment and rejoining [F3 this Section of] the Scheme).

(6) If a person who is a pension credit member is entitled to two or more pension credits—

(a) benefits are payable in respect of the person under this Chapter as if the person were two or more persons, each being entitled to one of the pension credits (so that two or more pensions or lump sums are payable in respect of the one pension credit member), and

(b) the amounts of those benefits are determined accordingly.

Textual Amendments

F1 Words in reg. 91(1)(a) 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

F2 Reg. 91(5)(hh) inserted (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 38 (with reg. 89)

F3 Words in reg. 91(5)(i) 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