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Regulation 3.E.10 Amount of children’s pension under regulation 3.E.8: deceased active members and deceased non-contributing membersF1F10

England and Wales

(1)

This regulation applies for determining the annual amount of the pension payable under regulation 3.E.8(1) if at the date of death the deceased was an active F2, or a non-contributing member member of F3this Section of the Scheme who was not also a pensioner member.

(2)

Subject to F4paragraphs (5) and (6), that amount is the appropriate fraction of the basic death pension.

C1(F53)

In this regulation “the basic death pension” means twice the appropriate proportion of the deceased member’s pension under regulation 3.D.1 and—

(a)

in the case of an active member, that pension will include the greater of —

(i)

any increase due to such enhancement period (if any) that would have applied for the purposes of regulation 3.D.7(5) if the deceased had become entitled to a tier 2 ill-health pension on the date of death, and

(ii)

10 years’ pensionable service;

(b)

in the case of a non-contributing member, will be based on the pensionable service that the deceased was entitled to count on the date of death.

F6In the case of a 2008 Section Optant, this is subject to regulation 3.K.23 F7and in the case of a Waiting Period Joiner, this is subject to regulation 3.L.5.

(4)

In this regulation “the appropriate fraction” means—

(a)

if there is a surviving parent of the dependent child or children or a surviving spouse or civil partner of a parent of the dependent child or children and a surviving adult dependant’s pension is payable under regulation 3.E.1—

(i)

one-quarter if there is only one dependent child, and

(ii)

one-half if there are two or more dependent children,

(b)

if there is a such a parent or spouse or partner of a parent, but no surviving adult dependant’s pension is payable under regulation 3.E.1—

(i)

one-third if there is only one dependent child, and

(ii)

two-thirds if there are two or more dependent children,

(c)

if there is no such parent nor spouse nor partner of such a parent—

(i)

one-third if there is only one dependent child, and

(ii)

two-thirds if there are two or more dependent children.

(5)

If—

(a)

a surviving adult dependant’s pension is payable under regulation 3.E.1, and

(b)

there is a dependent child who is not dependent on the person entitled to that pension,

the rate of the pension payable in respect of that child for the first 3 months after the deceased’s death is F8equal to—

C2(i)

in the case of a deceased active member, the average rate of the deceased’s pensionable earnings during the last complete quarter before the member died, and

(ii)

in the case of a deceased non-contributing member, the rate of the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service.

(F96)

In a case within paragraph (4)(b) or (c), the rate of pension in respect of the dependent child or children for the period of 6 months beginning with the deceased’s death is equal to—

C3(a)

in the case of a deceased active member, the average rate of the deceased’s pensionable earnings during the last complete quarter before the member died, and

(b)

in the case of a deceased non-contributing member, the rate of the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service.

Annotations

Textual amendments

F1

Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F2

Words in reg. 3.E.10(1) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 71(b) (with reg. 89)

F3

Words in reg. 3.E.10(1) 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

F4

Words in reg. 3.E.10(2) substituted (with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6), 68 (with reg. 93)

F5

Reg. 3.E.10(3) substituted (1.4.2009 with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2)(4), 71(c) (with reg. 89)

F6

Words in reg. 3.E.10(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), 80

F7

Words in reg. 3.E.10(3) added (1.4.2010) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2010 (S.I. 2010/492), regs. 1(2), 44

F8

Words in reg. 3.E.10(5) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 71(d) (with reg. 89)

F9

Reg. 3.E.10(6) substituted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 71(e) (with reg. 89)

F10

Words in reg. 3.E.10 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), 71(a) (with reg. 89)

Modifications

C1

Reg. 3.E.10(3) 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. 3.E.10(5)(i) 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

C3

Reg. 3.E.10(6)(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