(1) The lump sum payable on the death of an active member [F1or a non-contributing member], who is not also a deferred member or a pensioner member, is an amount equal to twice the member’s reckonable pay.
[F2In the case of a 2008 Section Optant, this is subject to regulation 2.K.23.]
(2) The lump sum payable on the death of a pensioner member, who is not also an active member [F3or a non-contributing member] or a deferred member, is, in respect of each pension to which the member is entitled, the lesser of—
(a)an amount equal to five times the annual rate of the pension (other than any additional pension), less the amount of the pension payments already made to the member, and
[F4(b)an amount equal to twice the member’s reckonable pay by reference to which the pension was calculated, less the aggregate of—
(i)any lump sum paid to the member when the pension came into payment as a result of the member exercising the option under regulation 2.D.14, and
(ii)in the case of a 2008 Section Optant, the lump sum paid to the Optant under regulation 2.K.12.]
[F5This is subject to regulations 2.E.20A and 2.E.21.]
(3) The lump sum payable on the death of a deferred member, who [F6was not an active member or a non-contributing member] or a pensioner member, is an amount equal to the member’s deferred annual pension, multiplied by 2.25.
(4) The lump sum payable on the death of a recent leaver is an amount equal to the deferred annual pension to which the person would have been entitled if the person were entitled to such a pension calculated by reference to the pensionable service the recent leaver was entitled to count in the service that has ceased, multiplied by 2.25.
(5) References in this regulation to a member’s deferred annual pension are to the annual pension, in respect of any period of pensionable service, to which the member would have been entitled under regulation 2.D.1 (normal retirement pensions) if on the date of death the member had become entitled to such a pension (other than any additional pension).
[F7(6) The reference in paragraph (2)(a) to the annual rate of the member’s pension is to the member’s pension after it has been reduced to take account of—
(a)the exercise by the member of an option under regulation 2.D.14, and
(b)in the case of a 2008 Section Optant, the lump sum paid to the Optant under regulation 2.K.12.]
(7) If a pensioner member exercised the option under regulation 2.D.18 (election to allocate pension), the reference in paragraph (2)(a) to the amount of the pension payments already made to the member is a reference to the amount of the pension payments that would have been made apart from the election.
(8) For the purposes of this regulation, the fact that a person—
(a)[F8was an active member or a non-contributing member] in service in an employment in respect of which the member has exercised the option under regulation 2.D.5,
(b)is a deferred member as a result of service in an employment in respect of which the member has exercised that option, or
(c)is a pensioner member by virtue of being entitled to a pension under that regulation,
is ignored.
Textual Amendments
F1Words in reg. 2.E.17(1) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 45(a) (with reg. 89)
F2Words in reg. 2.E.17(1) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 42(2)
F3Words in reg. 2.E.17(2) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 45(b)(i) (with reg. 89)
F4Reg. 2.E.17(2)(b) substituted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 42(3)
F5Words in reg. 2.E.17(2) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 45(b)(ii) (with reg. 89)
F6Words in reg. 2.E.17(3) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 45(c) (with reg. 89)
F7Reg. 2.E.17(6) substituted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 42(4)
F8Words in reg. 2.E.17(8)(a) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 45(d) (with reg. 89)