The Health and Social Care Pension Schemes (Partial Retirement etc.) Regulations (Northern Ireland) 2024

Amendment of regulation 38

40.—(1) Regulation 38 (death in service) is amended as follows.

(2) In paragraph (1)—

(a) for “the table” substitute “Table 1”;

(b) for the heading “Table” substitute “Table 1 Transition member entitlements”

(3) After paragraph (1), insert—

“(1A) As regards a non-pensionable old scheme member, or a person who derives a benefit from the old scheme or new scheme in respect of a non-pensionable old scheme member, the entitlement listed in column 1 of Table 2 is disapplied and the corresponding entitlement in column 2 applies instead.

Table 2 - Non-pensionable old scheme member entitlements

Column 1	Column 2
Original entitlement	Revised entitlement
PART 1
Entitlements derived from the 1995 Section
a lump sum on death under regulation 18.	a lump sum on death under regulation 111(a) of the 2015 Regulations which is equal to the greater of– (a) the lump sum calculated in accordance with paragraph 2 (death of active member) of schedule 12 (lump sum on death) to the 2015 Regulations; and (b) the lump sum otherwise due under the original entitlement to a lump sum on death under regulation 18 of the 1995 Regulations.
an initial adult survivor pension under regulation 24(3B) at the rate of the member’s superannuable pay for the first six months after the member’s death.	a pension payable from the new scheme during the initial period at the rate which is equal to the greater of– a) the rate of the member’s pensionable earnings under regulation 114(4) of the 2015 Regulations; and (b) the rate of the member’s pensionable pay that would have applied under the original entitlement in respect of the member under regulation 24(3B) of the 1995 Regulations where references in regulation 24(3C) and 34(4B) and (4C) of the 1995 Section to regulation 24(3B) are to be taken to be a reference to a pension payable under regulation 114(4) of the 2015 Regulations.
an ongoing pension under regulation 24(3C) based on one half of the member’s notional ill-health pension had the member become entitled to a tier 2 pension under regulation 13A on the member’s last day of superannuable employment.	(a) payable from the 1995 Section in respect of service in that Section, an ongoing adult survivor pension equal to the pension that would have been payable to the adult survivor under Regulations 23-31H of the 1995 Section if the member had retired with a pension under regulation 12 of the 1995 Section on the member’s last day of pensionable employment; and (b) payable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on a Tier 2 IHP under regulation 114(5) of the 2015 Regulations.
a dependant child’s pension under regulation 34 equal to the rate of the member’s final year’s superannuable pay, payable for the first— (a) three months under paragraph (4C); (b) six months under paragraph (4D); (c) six months under paragraph (4E).	an initial pension payable from the new scheme equal to the greater of– (a) an initial pension of the same amount and for the same duration under paragraph (6) or (7) of regulation 122 of the 2015 Regulations; and (b) an initial pension of the same amount and for the same duration as the original entitlement in respect of the member under regulation 34 of the 1995 Regulations.
an ongoing pension under regulation 34(2A) based on a proportion of the member’s notional ill-health pension had the member become entitled to a tier 2 pension under regulation 13A on the member’s last day of superannuable employment or, if greater, the amount that pension would have been had it been based on 10 years pensionable service.	(a) payable from the 1995 Section in respect of service in that Section, an ongoing pension equal to the relevant proportion of the pension that would have been payable to the member if the member had retired with a pension under regulation 12 of the 1995 Section on the member’s last day of pensionable employment; and (b) payable from the new scheme in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 122(3) and (4) of the 2015 Regulations.
PART 2
Entitlement derived from the 2008 Section
a lump sum on death under regulation 83(1) or 210(1).	a lump sum on death under regulation 111(a) of the 2015 Regulations which is equal to the greater of– (a) the lump sum calculated in accordance with paragraph 2 (death of active member) of schedule 12 (lump sum on death) to the 2015 Regulations; and (b) the lump sum otherwise due under the original entitlement to a lump sum on death under regulation 83(1) or 210(1) of the 2008 Regulations.
a surviving adult dependent’s pension during the initial period of six months— (a) under regulation 69(1)(b) equal to the deceased’s reckonable pay; or (b) under regulation 196(1)(b) equal to the monthly average of the deceased’s uprated earnings on the member’s last day of superannuable service.	a pension payable from the new scheme during the initial period at the rate which is equal to the greater of– (a) the rate of the member’s pensionable earnings under regulation 114(4) of the 2015 Regulations; and (b) the rate of the deceased’s reckonable pay under regulation 69(1)(b) of the 2008 Regulations or the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service under regulation 196(1)(b) of the 2008 Regulations, where references in regulation 69(2) and 196(2) of the 2008 Regulations to “after the initial period” are to be taken to be a reference to the period for which the initial pension payable under regulation 114(4) of the 2015 Regulations is payable.
If the member has not reached the age of 65: an ongoing pension after the initial period— (a) under regulation 69(2)(a) equal to 37.5% of the tier 2 ill health pension under regulation 58 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension; or (b) under regulation 196(2)(a) equal to the appropriate proportion of the tier 2 ill health pension under regulation 182 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension. If the member has reached the age of 65: an ongoing pension after the initial period— (a) under regulation 69(2)(b) equal to 37.5% of the pension under regulation 45 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of superannuable service; or (b) under regulation 196(2)(b) equal to the appropriate proportion of the tier 2 ill health pension under regulation 176 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of superannuable service.	(a) payable from the 2008 Section in respect of service in that Section, an ongoing adult survivor pension after the initial period equal to— (i) 37.5% of the pension under regulation 45 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; or (ii) the appropriate proportion of the pension under regulation 176 to which the member would have been entitled if, on the date of death, the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count; and (b) payable from the new scheme in respect of service in that scheme, an ongoing survivor pension based on a Tier 2 IHP under regulation 114(5) of the 2015 Regulations.
a dependant child’s pension under— (a) regulation 76 equal to the rate of the deceased member’s reckonable pay, payable for the first— (i) three months under paragraph (6)(ii); (ii) six months under paragraph (7)(ii); or (b) regulation 203 equal to the rate of the monthly average of the deceased’s uprated earnings on the member’s last day of superannuable service, payable for the first— (i) three months under paragraph (5)(ii); (ii) six months under paragraph (6)(b).	an initial pension payable from the new scheme equal to the greater of– (a) an initial pension of the same amount and for the same duration under paragraph (6) or (7) of regulation 122 of the 2015 Regulations; and (b) an initial pension of the same amount and for the same duration as the original entitlement in respect of the member under regulation 76 or 203 of the 2008 Regulations.
an ongoing pension under regulation 76(3) or 203(3) equal to the appropriate fraction of the basic death pension.	(a) payable from the 2008 Section in respect of service in that Section, an ongoing pension equal to the appropriate fraction of the basic death pension payable under – (i) regulation 76(3) of the 2008 Regulations; or (ii) regulation 203(3) of the 2008 Regulations where that pension is based on the pensionable service that the deceased was entitled to count at the date of death; and (b) payable from the new scheme in respect of service in that scheme, an ongoing pension based on the appropriate fraction of the basic death pension specified under regulation 122(3) and (4) of the 2015 Regulations.”

(4) In paragraph (2)—

(a) for “the table”, in both places it occurs, substitute “Table 1 or Table 2” and

(b) after the first occurrence of “column 1” add “of either table”.