Regulation 2.E.3 Amount of pensions under regulation 2.E.1: active and non-contributing membersF8

England and Wales

F1(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—

C1(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.

(2)

Subject to paragraph (3), after the initial period, if the member dies with 2 or more years of qualifying service, the annual amount of the pension payable under regulation 2.E.1—

C2(a)

if the member has not reached the age of 65, is equal to 37.5% of the tier 2 ill-health pension under regulation 2.D.8 to which the member would have been entitled if on the date of death the member had become entitled to such a pension, and

(b)

if the member has reached the age of 65, is equal to 37.5% of the pension under regulation 2.D.1 (normal retirement pensions) to which the member would have been entitled if on the date of death the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count.

F2Sub-paragraph (b) is subject to paragraph (7).

(3)

After the initial period, if the member dies with less than 2 years of qualifying service but after reaching the age of 65, the annual amount of the pension payable under regulation 2.E.1 is equal to 37.5% of the pension to which the member would have been entitled (disregarding any additional pension) if on the date of death the member had become entitled to a pension under regulation 2.D.1 (normal retirement pensions) in respect of any period of pensionable service that the member is entitled to count.

F3This is subject to paragraph (7).

(4)

After the initial period, if—

(a)

the member dies with less than 2 year’s qualifying service and before reaching the age of 65, and

(b)

the surviving adult has a guaranteed minimum under section 17 of the 1993 Act in relation to benefits in respect of the deceased member under F4this Section of the Scheme,

the annual amount of the pension payable under regulation 2.E.1 is equal to that guaranteed minimum, unless paragraph (5) applies.

(5)

This paragraph applies if the Secretary of State’s liability to provide a guaranteed minimum pension in respect of the surviving adult is discharged by the payment of a contributions equivalent premium under section F555 of the 1993 Act F6or article 3 of the 2016 Order.

(6)

This regulation is subject to regulation 2.E.7 (re-employed pensioners).

F7(7)

For the purposes of paragraphs (2)(b) and (3) any increase under—

(a)

regulation 2.D.3, or

(b)

regulation 2.K.21,

is ignored.

Annotations

Textual amendments

F1: Reg. 2.E.3(1) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 37(b) (with reg. 89)
F2: Words in reg. 2.E.3(2) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 36(2)
F3: Words in reg. 2.E.3(3) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 36(3)
F4: Words in reg. 2.E.3(4)(b) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 1
F5: Word in reg. 2.E.3(5) substituted (6.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(3), 52(a) (with reg. 108)
F6: Words in reg. 2.E.3(5) inserted (6.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(3), 52(b) (with reg. 108)
F7: Reg. 2.E.3(7) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), regs. 1(2), 36(4)
F8: Words in reg. 2.E.3 heading inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 37(a) (with reg. 89)

Modifications

C1: Reg. 2.E.3(1)(a) modified (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 40(1) Table Pt. 2
C2: Reg. 2.E.3(2)(a) modified (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), regs. 1(b), 40(1) Table Pt. 2