The National Health Service Pension Scheme Regulations 2008

2.E.4    Amount of pensions under regulation 2.E.1: pensioner members

(1) In the case of a pensioner member, for the initial period the rate of the pension payable under regulation 2.E.1 is equal to the rate of the member’s pension in payment at the time of death if that amount is greater than the sum of—

(a) the amount of the pension payable to the surviving adult dependant under this Chapter apart from this paragraph, and

(b) the amount of the children’s pensions otherwise payable under this Part.

(2) At any time when the rate is not the rate mentioned in paragraph (1), the rate of the surviving adult dependant’s pension in the case of the death of a pensioner member is equal to 37.5% of the pension to which the member was entitled on the date of death (disregarding any additional pension).

(3) For the purposes of paragraph (1)—

(a) any reduction in the rate of the pension under Chapter 2.H (abatement), and

(b) if the member was in receipt of a pension payable under regulation 2.D.4 (early payment of pensions with actuarial reduction), any reduction made under that regulation by reason of the payment of the pension before the age of 65,

is ignored.

(4) In this regulation “the initial period” means—

(a) if the member leaves one or more dependent children who are dependant on the surviving adult dependant, the period of 6 months beginning with the day after the member’s death, and

(b) otherwise the period of 3 months beginning with that day.

(5) For the purposes of paragraph (4) a child born after the member’s death is treated as having been born before it.

(6) If a member who has had a tier 2 ill-health retirement pension under regulation 2.D.8 replaced by a tier 1 ill-health retirement pension (by virtue of regulation 2.G.4(2))—

(a) is in further NHS employment and dies before the end of the initial period (within the meaning of regulation 2.G.4(6)(c) and in accordance with regulation 2.G.4(2)); or

(b) is in further employment that is not NHS employment and dies within a period of one year beginning with the day on which that further employment ceased to be an “excluded employment” (within the meaning of regulation 2.G.4(6)(a)),

the member’s pension referred to in paragraph (1) means that member’s original tier 2 ill-health pension.

(7) This regulation is subject to regulation 2.E.7 (re-employed pensioners: adult survivor pensions in initial period).

(8) For the purposes of paragraphs (1) and (2), any reduction to the member’s pension under regulation 2.D.14 (general option to exchange part of pension for lump sum) will be ignored, except any reduction for the purposes of paragraph (1) where the benefits under this regulation form part of benefits payable under regulation 2.E.7.