The National Health Service Pension Scheme Regulations 2008

2.E.25    Dual capacity membership: death benefits E+W

(1) This paragraph applies if the deceased member was—

(a) a member of [F1 this Section of] the Scheme of two or more of the kinds specified in paragraph (2),

(b) a pensioner member in respect of two or more pensions, or

(c) a deferred member in respect of two 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 two or more members of the kinds in question had died (so that two 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) See, in particular—

(a) regulation 2.E.3 (amount of pensions under regulation 2.E.1: active members),

(b) regulation 2.E.4 (amount of pensions under regulation 2.E.1: pensioner members),

(c) regulation 2.E.7 (re-employed pensioners: adult survivor pensions in initial period),

(d) regulation 2.E.8 (surviving children’s pensions),

(e) regulation 2.E.15 (amount of children’s pension under regulation 2.E.8: re-employed pensioners),

(f) regulation 2.E.16 (lump sum benefits on death: introduction),

(g) regulation 2.E.18 (amount of lump sum: dual capacity members (disregarding regulation 2.D.5 employments)),

(h) regulation 2.E.19 (amount of lump sum: dual capacity members: members with pensions under regulation 2.D.5),

[F2 (hh) regulation 2.E.20A (pension payable when member dies on or after reaching age 75),] and

(i) Chapter 2.G (re-employment and rejoining [F1 this Section of] the Scheme).

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

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

Textual Amendments

F1 Words in reg. 2.E.25 inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 1

F2 Reg. 2.E.25(5)(hh) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 39 (with reg. 93)