SCHEDULE 2N.I.Transitional provisions

PART 6N.I.Payment of death benefits in respect of transition members with continuity of service

Annual rate of surviving adult's pensions payable under this scheme when a transition member dies in serviceN.I.

16.—(1) This paragraph applies in relation to a transition member with continuity of service—

(a)who dies as an active member of this scheme; and

(b)whose period of service is at least 12 months.

(2) Where there is an entitlement under this scheme and [F1a relevant] scheme to a surviving adult's pension, the annual rate of that pension is the sum of—

(a)the amount of dependant's earned pension calculated under regulation 100; and

(b)the amount of the equivalent surviving spouse's or surviving civil partner's pension payable under [F1a relevant] scheme.

(3) Where there is an entitlement to a surviving adult's pension, the payment of any pension or enhancement in respect of the member's assumed period of pensionable service is not payable under [F1a relevant] scheme.

(4) In this paragraph—

“the member's assumed period of pensionable service” means the period—

(a)

beginning with the day after the date of the member's death; and

(b)

ending with—

(i)

for a member appointed for a fixed term, the day on which that term would have ended; and

(ii)

for all other appointments, the day before the day on which the member would have reached prospective normal pension age if the member had lived until that age; and

“period of service” means—

(a)

the member's continuous period of pensionable service under this scheme; and

(b)

the member's pensionable service under [F1a relevant] scheme before the transition date for that member.

[F2(5) In this paragraph a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.]

Textual Amendments