The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 No. 381

PART 3 Amendment of the National Health Service Pension Scheme Regulations 2008

Amendment of regulation 2.E.3

37.  In regulation 2.E.3 (amount of pensions under regulation 2.E.1: active members)—

(a) in the heading after “active ”, insert “and non-contributing”;

(b) for paragraph (1), substitute—

“(1) In the case of an active member or a non-contributing member, for the period of 6 months beginning with the day after the member’s death (“the initial period”) the rate of the pension payable under regulation 2.E.1 (if that amount is greater than the amount of the pension payable to the surviving adult under this Chapter apart from this paragraph), is equal to—

(a) in the case of a deceased active member, the rate of the member’s pensionable pay at the time of death; and

(b) in the case of a deceased non-contributing member, the rate of the deceased’s reckonable pay.”.