Regulation 3.E.12 Amount of children’s pension under regulation 3.E.8: deceased deferred membersF1

England and Wales

(1)

This regulation applies for determining the annual amount of the pension payable under regulation 3.E.8(1) (surviving children’s pensions) if at the date of death the deceased was a deferred member of F2this Section of the Scheme who was not also an active member F3or a non-contributing member or a pensioner member.

(2)

That amount is the appropriate fraction of the basic death pension.

(3)

In this regulation “the basic death pension”—

C1(a)

if the deceased died within 12 months after ceasing to be an active member F4or a non-contributing member, means the amount that would be the basic death pension for the purposes of regulation 3.E.10 if the deceased had died on the day of so ceasing (disregarding any additional pension), and

(b)

otherwise, means the greater of—

(i)

twice the appropriate proportion of the pension to which the deceased would have been entitled if the deceased had become entitled to a pension under 3.D.1 on the date of death (disregarding any additional pension), and

(ii)

twice the appropriate proportion of the pension to which the deceased would have been entitled if the deceased had become so entitled and the pension had been calculated on the assumption that the member was entitled to 10 years’ pensionable service (disregarding any additional pension).

F5In the case of a 2008 Section Optant, this is subject to regulation 3.K.23 F6and 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’s pension is payable—

(i)

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

(ii)

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

(b)

otherwise—

(i)

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

(ii)

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

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.12(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
F3: Words in reg. 3.E.12(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), 73 (with reg. 89)
F4: Words in reg. 3.E.12(3)(a) inserted (1.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2), 73 (with reg. 89)
F5: Words in reg. 3.E.12(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), 82
F6: Words in reg. 3.E.12(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), 46

Modifications

C1: Reg. 3.E.12(3)(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