PART 6Survivor benefits
CHAPTER 2Child survivor
Amount of child pension: re-employed pensioners127
1
This regulation applies to determine the annual amount of pension payable under regulation 120 if, at the date of death, the deceased was—
a
an active member of this scheme; and
b
a pensioner member of this scheme.
2
If there is no surviving adult, in relation to the period of 6 months starting on the day after the date of death, the rate of pension is equal to the sum of—
a
the rate of the deceased's pensionable earnings at the date of death; and
b
the rate of the pension being received by the deceased at the date of death.
3
In paragraph (2), rate of pensionable earnings for a member who was a practitioner or non-GP provider is the rate during the last complete quarter before the member's death.
4
Apart from paragraph (2), the amount is the appropriate fraction of—
a
if, at the date of death, the deceased has not reached normal pension age, the amount found by applying the formula in regulation 122(3);
b
in any other case, 67.5% of the pension to which the deceased would have been entitled under regulation 73 (see paragraph 1 of Schedule 11).
5
The appropriate fraction is as determined by regulation 122(4).
6
Paragraph (7) applies if a eligible child was dependent both—
a
at the time when the pensionable service in respect of which the pension is payable ceased; and
b
at the date of death.
7
The amount is the sum of—
a
the amount payable under regulation 122 in respect of the deceased's new employment—
i
if paragraph (1)(b) of that regulation did not apply; and
ii
ignoring paragraph (b) of element B in the formula in paragraph (3) of that regulation; and
b
the amount found under regulation 123(3)(a) in respect of the deceased's old employment if paragraph (1)(b) of that regulation did not apply.
8
For the purposes of paragraph (7)—
a
if the aggregate of the periods of pensionable service taken into account in determining the amounts under sub-paragraphs (a) and (b) is less than 10 years, the period to be taken into account for the purposes of paragraph (a) must be increased by a period equal to the length of the difference;
b
“new employment” and “old employment” must be construed in accordance with Chapter 7 of Part 5.