The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009

Amendment of regulation 3.E.17

76.  In regulation 3.E.17 (amount of lump sum: single capacity members and recent leavers (disregarding regulation 3.D.5 employments))—

(a) for paragraph (1), substitute—

“(1) The lump sum payable on death of an active member or a non-contributing member, who is not a deferred member or a pensioner member, is an amount equal to—

(a) in the case of a deceased active member, twice the annual average of the member’s uprated earnings at the date of death, or

(b) in the case of a deceased non-contributing member, twice the annual average of the member’s uprated earnings on the member’s last day of pensionable service.”;

(b) in paragraph (2)—

(i) after “active member”, insert “or a non-contributing member”,

(ii) in sub-paragraph (b) for “at the date of death”, substitute “by which the pension was calculated”,

(iii) at the end, insert (as full-out words) “This is subject to regulations 3.E.20A and 3.E.21.”;

(c) in paragraph (3) for “is not an active member”, substitute “was not an active member or a non-contributing member”;

(d) in paragraph (8)(a) for “is an active member”, substitute “was an active member or a non-contributing member”.