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The National Health Service Pension Scheme Regulations 1995

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Member dies with preserved pensionE+W+S

H5.—(1) The child allowance payable on the death of a member with a preserved pension under regulation L1 that has not become payable will be as described in this regulation.

(2) [F1Subject to paragraph (2A), if the member dies] within 12 months after leaving pensionable employment, the allowance will be calculated, as described in whichever of paragraphs (4) or (5) apply, as a proportion of the amount of the pension described in regulation [F2H3(2A)] F3... as if the member had died on the day he left pensionable employment.

[F4(2A) Subject to paragraph (2B), if the member’s pensionable employment ceased on or before 31st March 2008 the allowance will be calculated, as described in whichever of paragraphs (4) or (5) apply, as a proportion of the pension that would have been payable to the member under the scheme if the member retired through ill health with a pension under regulation E2 on the day the member died.

(2B) If the member has less than 5 years’ pensionable service, the allowance will be calculated as if the pension described in paragraph (2A) were based on the shorter of—

(a)10 years’ pensionable service; and

(b)the pensionable service the member could have completed if the member stayed in pensionable employment until age 65.]

[F5(3) Subject to paragraph (3A), if the member dies 12 months or more after leaving pensionable employment, the allowance will be calculated as described in whichever of paragraphs (4) or (5) apply, as a proportion of the amount of the member’s preserved pension or, if greater, the amount that the preserved pension would have been if it had been based on 10 years’ pensionable service.

(3A) If the member’s pensionable employment ceased on or before 31st March 2008, the allowance will be calculated as described in whichever of paragraphs (4) or (5) apply, as a proportion of the amount of the member’s preserved pension or, if greater, the amount of that the preserved pension would have been if it had been based on the shorter of—

(a)10 years’ pensionable service; and

(b)the pensionable service the member could have completed if the member stayed in pensionable employment until age 65.]

(4) If the member dies leaving a dependent child and there is a surviving parent (or spouse [F6or civil partner ] [F7or nominated partner] of a parent), the allowance will be equal to one–quarter of the pension described in [F8paragraphs (2) to (3A)] F9... (whichever is applicable) if there is only one dependent child and one–half if there are two or more.

(5) If the member dies leaving a dependent child and there is no surviving parent (or spouse [F10or civil partner] [F7or nominated partner] of a parent), the allowance will be equal to one–third of the pension described in [F8paragraphs (2) to (3A)] F11... (whichever is applicable) if there is only one dependent child and two–thirds if there are two or more.

(6) If the member dies leaving a dependent child and there is a surviving parent (or spouse [F12or civil partner] [F13or nominated partner] of a parent) but there is no entitlement to a [F14widow's, widower’s [F15, surviving civil partner’s or surviving nominated partner’s]] pension calculated under regulation G4 (member dies with preserved pension), the allowance will be paid at the rate described in paragraph (5).

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