Regulation 2.E.7 Re-employed pensioners: adult survivor pensions in initial period

England and Wales

(1)

This regulation applies if, apart from this regulation, both regulations 2.E.3(1) and 2.E.4(1) would apply on the death of a member.

(2)

Where this regulation applies, the rate of pension payable by virtue of regulation 2.E.3(1) and 2.E.4(1) during the initial period (as defined in the respective regulations) shall instead be the rate provided in paragraph (3).

(3)

Subject to paragraph (4), for the relevant initial period the rate of the pension payable under regulation 2.E.1 is equal to the sum of—

F1(a)

in the case of —

(i)

a deceased active member, the rate of the deceased’s pensionable pay at the time of death, or

(ii)

a deceased non-contributing member, the rate of the deceased’s reckonable pay on the deceased’s last day of pensionable service, and

(F2b)

the rate of the deceased member’s pension payable at the time of death after taking account of any reduction in the rate of the pension under—

(i)

Chapter 2.H,

(ii)

regulation 2.D.14, and

(iii)

regulation 2.K.12.

(4)

Paragraph (3)(a) does not apply if—

(a)

the rate of the pension payable to the surviving adult in respect of later service, and

(b)

any children’s pension that would otherwise be payable in respect of later service under this Part,

would be greater.

Annotations

Textual amendments

F1: Reg. 2.E.7(3)(a)(b) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 39 (with reg. 89)
F2: Reg. 2.E.7(3)(b) substituted (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), 38