The National Health Service Pension Scheme Regulations 1995

Member dies in pensionable employment E+W+S

G2.—(1) The widow’s pension payable on a member’s death in pensionable employment will be as described in this regulation.

(2) The widow’s pension for the first 3 months after the member’s death (6 months if the member leaves at least one dependent child who is dependent on the widow) will be equal to the rate of the member’s pensionable pay when he died if that amount is greater than the amount of widow’s pension and child allowance that would otherwise be payable under these Regulations.

(3) Except while the widow’s pension is payable at the rate mentioned in paragraph (2), if the member dies with 2 years’ or more qualifying service, the widow’s pension will be equal to one–half of the pension that would have been payable to the member under the scheme if the member had retired through ill–health with a pension under regulation E2 (early retirement pension on grounds of ill–health) on the day he died.

(4) Except while the widow’s pension is payable at the rate mentioned in paragraph (2), if the member dies with less than 2 years’ qualifying service but after reaching age 60, the widow’s pension will be equal to one–half of the pension that would have been payable to the member under the scheme if the member had retired with a pension under regulation E1 (normal retirement pension) on the day he died.

(5) Except while the widow’s pension is payable at the rate mentioned in paragraph (2),if the member dies with less than 2 year’s qualifying service and before reaching age 60, the widow will receive a pension equal to her guaranteed minimum pension under the scheme, unless the Secretary of State discharges her liability to provide such a pension by paying a contributions equivalent premium under section 55(2) of the Pension Schemes Act 1993.