# The National Health Service Pension Scheme Regulations 2008, Regulation 3.E.10: Amount of children’s pension under regulation 3.E.8: deceased active members and deceased non-contributing members

Extent: E+W

(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 , or a non-contributing member member of this Section of the Scheme who was not also a pensioner member.
(2) Subject to paragraphs (5) and (6), that amount is the appropriate fraction of the basic death pension.
(3) 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.
In the case of a 2008 Section Optant, this is subject to regulation 3.K.23 and 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 equal to—
(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.
(6) 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—
(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.

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Source: https://www.legislation.gov.uk/uksi/2008/653/regulation/3.E.10 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.E.10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.