The National Health Service Pension Scheme (Scotland) Regulations 2008

Dual capacity membership: death benefits

3.E.25—(1) This paragraph applies if the deceased member was–

(a) a member of the scheme of 2 or more of the kinds specified in paragraph (2);

(b) a pensioner member in respect of 2 or more pensions; or

(c) a deferred member in respect of 2 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 2 or more members of the kinds in question had died (so that 2 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) In relation to the specific provision referred to in paragraph (3), see, in particular–

(a) regulation 3.E.3 (amount of pensions under regulation 3.E.1: active members);

(b) regulation 3.E.4 (amount of pensions under regulation 3.E.1: pensioner members);

(c) regulation 3.E.7 (re-employed pensioners: adult survivor pensions in initial period);

(d) regulation 3.E.8 (surviving children’s pensions);

(e) regulation 3.E.15 (amount of children’s pension under regulation 3.E.8: re-employed pensioners);

(f) regulation 3.E.16 (lump sum benefits on death: introduction);

(g) regulation 3.E.18 (amount of lump sum: dual capacity members (disregarding regulation 3.D.5 employments));

(h) regulation 3.E.19 (amount of lump sum: dual capacity members: members with pensions under regulation 3.D.5); and

(i) Chapter 3.G (re-employment and rejoining the scheme).

(6) If a person who is a pension credit member is entitled to 2 or more pension credits–

(a) benefits are payable in respect of the person under this Chapter as if the person were 2 or more persons, each being entitled to one of the pension credits (so that 2 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.