Regulation 42 Survivor benefits: children of active members

If an active member dies leaving one or more eligible children, they are entitled to a children's pension which shall come into payment on the day following the member's death.

If a pension is payable to a partner of an active member under regulation 41(1), the appropriate administering authority shall open a survivor member's pension account for the eligible child or children from the day following the member's death.

The opening balance of a survivor member's pension account opened under paragraph (2) is the amount of pension payable to the eligible child or children calculated in accordance with paragraph (4) or (5), but if the pension payable under regulation 41(1) ceases to be paid, the pension payable to the eligible child or children is recalculated in accordance with paragraph (9) or (10) as from the day following the date the pension under regulation 41(1) ceased to be paid.

The amount of pension payable under paragraph (3) where there is only one such child is calculated by adding together the amounts in sub-paragraphs (a) and (b),

For the purposes of paragraph (4)(a), if the member died in the period beginning with 1st April and ending with 5th April in any Scheme year, the pension is deemed to include the revaluation adjustment that would have been due at the next revaluation date.

For the purposes of paragraph (4)(a)(vi), if the member had entered into a QAPA under regulation 16(1) but died before the end of the period the arrangements were due to cease (“the APC Period”), that member is to be treated as having paid the contributions required from the date of the member’s death up to the end of the APC period and the qualifying additional pension bought by those contributions is to be included in the calculation under paragraph (4).

The amount of pension payable under paragraph (3) where there is more than one such child, is calculated by adding together the amounts in sub-paragraphs (a) and (b), and is payable to those children in equal shares—

For the purposes of paragraph (5)(a), if the member died in the period beginning with 1st April and ending with 5th April in any Scheme year, the pension is deemed to include the revaluation adjustment that would have been due at the next revaluation date.

For the purposes of paragraph (5)(a)(vi), if the member had entered into a QAPA under regulation 16(1) but died before the end of the period the arrangements were due to cease (“the APC Period”), that member is to be treated as having paid the contributions required from the date of the member’s death up to the end of the APC period and the qualifying additional pension bought by those contributions is to be included in the calculation under paragraph (5).

At the point at which the number of eligible children is reduced to one, if a pension is still payable to a surviving partner under regulation 41(1), the pension payable to that eligible child is recalculated in accordance with paragraph (4) as from the day following the date the other eligible child's or children's pension ceased to be paid.

If, on the day following the member's death, no pension is payable to a partner of an active member under regulation 41(1), the appropriate administering authority shall close the active member's pension account and shall open a survivor member's pension account for the eligible child or children from the day following the member's death.

The opening balance of a survivor member's pension account opened under paragraph (7) is the amount of pension payable to the eligible child or children, calculated in accordance with paragraph (9) or (10).

The amount of pension payable under paragraph (8) where there is only one such child is calculated by adding together the amounts in paragraphs (a) and (b),

For the purposes of paragraph (9)(a), if the member died in the period beginning with 1st April and ending with 5th April in any Scheme year, the pension is deemed to include the revaluation adjustment that would have been due at the next revaluation date.

For the purposes of paragraph (9)(a)(vi), if the member had entered into a QAPA under regulation 16(1) but died before the end of the period the arrangements were due to cease (“the APC Period”), that member is to be treated as having paid the contributions required from the date of the member’s death up to the end of the APC period and the qualifying additional pension bought by those contributions is to be included in the calculation under paragraph (9).

The amount of pension payable under paragraph (8) where there is more than one such child, is calculated by adding together the amounts in paragraphs (a) and (b), and is payable to those children in equal shares—

For the purposes of paragraph (10)(a), if the member died in the period beginning with 1st April and ending with 5th April in any Scheme year, the pension is deemed to include the revaluation adjustment that would have been due at the next revaluation date.

For the purposes of paragraph (10)(a)(vi), if the member had entered into a QAPA under regulation 16(1) but died before the end of the period the arrangements were due to cease (“the APC Period”), that member is to be treated as having paid the contributions required from the date of the member’s death up to the end of the APC period and the qualifying additional pension bought by those contributions is to be included in the calculation under paragraph (10).

At the point at which the number of eligible children is reduced to one, the pension payable to that child is recalculated in accordance with paragraph (9).

The balance in the survivor member's pension account at the end of the Scheme year in which the survivor member's account was opened is adjusted F29on the revaluation date in the following Scheme year by the F30revaluation adjustment applicable to the Scheme year in which the survivor member's account was opened F31and F32the revaluation adjustment takes effect from the start of the Scheme year following the Scheme year in which the survivor member’s account was opened,, in accordance with actuarial guidance issued by the Secretary of State.

The F33... balance calculated under paragraph F34(3) or (8) is the opening balance of the survivor member's pension account for the following Scheme year and, F35having applied the revaluation adjustment to the balance in accordance with paragraph (12) thereafter, the balance in the account is adjusted each year by the index rate adjustment from the date that an increase would apply if that balance were a pension in payment to which the Pensions (Increase) Act 1971 M1 applied.

Where an index rate adjustment is due to be made on a revaluation date, any such adjustment must be made immediately after the revaluation adjustment is made.