# The Armed Forces Pension Scheme Order 2005, Paragraph E.12: Amount of children’s pension under rule E.8: pensioner members

Extent: E+W+S+N.I.

(1) This rule applies for determining in the case of a deceased pensioner member the annual amount of a pension payable under rule E.8(1) (surviving children’s pensions).
(2) The amount of such a pension is determined by reference to the annual pension to which the member was entitled on the date of death (“the member’s pension”), except that—
(a) in a case where the member’s pension was increased under rule D.10 (option to exchange lump sum for pension), the member’s pension is taken for this purpose to exclude so much of the pension as is attributable to that increase, and
(b) where that option was exercised so as to increase the pension under rule E.8(1), this rule is without prejudice to that increase.
(3) If—
(a) a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and
(b) one pension is payable at that time under rule E.8(1),
the annual amount of that pension is equal to one quarter of the member’s pension.
(4) If—
(a) a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and
(b) two or more pensions are payable at that time under rule E.8(1),
the annual amount of each pension is equal to—
100-SA100×PNwhere—
SA is the amount of the pension payable under rule E.1 or E.2 (disregarding any increase or reduction made by virtue of rule D.10, D.16, E.6 or E.7), expressed as a percentage of the member’s pension,
P is the member’s pension, and
N is the number of pensions payable under rule E.8(1).
(5) If—
(a) no pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and
(b) one, two or three pensions are payable at that time under rule E.8(1),
the annual amount of each pension is equal to the one third of the member’s pension.
(6) If—
(a) no pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and
(b) four or more pensions are payable at that time under rule E.8(1),
the annual amount of each pension is equal to the member’s pension, divided by the number of pensions payable under rule E.8(1).
(7) If—
(a) a pension is payable under rule E.8(1) in respect of a child,
(b) the annual amount of the pension is calculated under this rule on the basis that a pension is payable under rule E.1 or E.2 immediately after the date of the member’s death, and
(c) the pension under rule E.1 or E.2 ceases to be payable,
the annual amount of the pension payable under rule E.8(1) in respect of the child for any period after the date on which the pension under rule E.1 or E.2 ceases to be payable is calculated in accordance with paragraph (5) or (6) as if no pension had been payable under rule E.1 or E.2 immediately after the date of the member’s death.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/1/part/E/crossheading/pensions-for-eligible-children/paragraph/E.12 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-1/part-E/crossheading-pensions-for-eligible-children/paragraph-E.12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.