The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

Death in service before end of contributions payment period

68.—(1) This regulation applies on the death of a member (D)—

(a) whose additional pension election is for an additional (self only) pension and an additional (surviving adult) pension; and

(b) who dies while an active member before the end of the contributions payment period for that election.

(2) If D dies before the end of the refund period—

(a) the amount of contributions paid by D must be refunded to D’s representatives;

(b) the amount of lump sum paid by D’s employing authority must be repaid to the employing authority; and

(c) the additional pension account must be closed.

(3) If D dies after the end of the refund period—

(a) the periodic payments cease to be payable as at the date of D’s death; and

(b) paragraph (4) applies.

(4) For the purpose of calculating a survivor’s pension—

(a) if the scheme manager believes that the declaration that accompanied the additional pension election was made in good faith—

(i) the periodic payments under the additional pension election are treated as being paid until the end of the contributions payment period for the election; and

(ii) the amount of accrued additional pension calculated is under paragraph 28 of Schedule 7 as at the date of D’s death.

(b) if the scheme manager has reasonable grounds to believe that declaration was not made in good faith, paragraph (2)(a) to (c) applies.