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The National Health Service Pension Scheme Regulations 1995

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Changes over time for: Section S4

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Version Superseded: 01/04/2008

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Benefits on death in pensionable employment after pension becomes payableE+W+S

S4.—(1) This regulation applies to a member in respect of whom a pension is payable under regulation E2 (early retirement pension on grounds of ill–health) who—

(a)returns to pensionable employment after that pension becomes payable; and

(b)dies in pensionable employment.

[F1(1A) This regulation shall also apply to a member in respect of whom a pension is payable under regulation E2 (early retirement on grounds of ill-health) who—

(a)returns to pensionable employment after that pension becomes payable; and

(b)on the day they die, is—

(i)under the age of 70;

(ii)in NHS employment;

(iii)no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and

(iv)except where regulation R4(6) applies, not in receipt of a pension under any of regulations E1 to E5 in respect of his later service.]

(2) In this regulation, “previous service" and “later service" have the same meaning as in regulation S3(2).

[F2(3) If this regulation applies, a lump sum payable on the member’s death shall be payable in addition to any lump sum payable under regulation F2.

(3A) The additional lump sum referred to in paragraph (3) shall be equal to 5 times the amount of the pension that would have been payable to the member had he left NHS employment and been entitled to a pension based on his later service under regulation E1 (normal retirement pension) on the date of the member’s death.]

(4) Subject to paragraph (5), if a member to whom this regulation applies leaves a surviving spouse [F3or civil partner], the spouse’s [F4or civil partner's] pension for the first 3 months after the member’s death (6 months if the member leaves a dependent child who is dependent on the spouse [F3or civil partner]) shall be equal to the aggregate of the member’s rate of pensionable pay when he died and the amount of the member’s pension (if any) that was payable at that time.

(5) Paragraph (4) shall not apply if the aggregate of the spouse’s [F5or civil partner's] pension and any child allowance which would otherwise be payable under these Regulations is greater.

(6) Except while the pension is payable at the rate mentioned in paragraph (4), any spouse’s [F6or civil partner's] pension shall be equal to one–half of the rate of pension mentioned in [F7paragraph (3A)] that would have been payable to the member and shall be paid in addition to any widow’s (and, where appropriate, widower’s [F8or surviving civil partner's]) pension payable under regulation G3 (member dies after pension becomes payable) in respect of the member’s previous service.

(7) If a member to whom this regulation applies leaves a dependent child but no surviving spouse [F9or civil partner], the child allowance, for the first 6 months after the member’s death, shall be equal to the aggregate of the member’s rate of pensionable pay when he died and the amount of the member’s pension (if any) that he was receiving at that time.

(8) Subject to paragraph (9), except where a spouse’s [F10or civil partner's] pension or a child allowance is payable at the rate mentioned in paragraph (4) or (7) respectively, the child allowance in respect of the member’s later service shall be paid as a proportion of the rate of pension mentioned in [F11paragraph (3A)] that would have been payable to the member and such proportion shall be determined in accordance with the circumstances as described in regulation H3 (member dies in pensionable employment).

(9) If a member to whom this regulation applies leaves a child who was a dependent child both at the time the member terminated his previous service and when he died, any child allowance payable under these Regulations shall be calculated according to regulation H4 (member dies after pension becomes payable) in respect of the pension already in payment’ and regulation H3 (member dies in pensionable employment) in respect of later pensionable employment. If the aggregate of pensionable service in both calculations is less than 10 years, additional service will be allocated to the later pensionable employment to bring the aggregate up to the shorter of—

(a)10 years’ pensionable service, and

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

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