Regulation 3.E.23 Death during period of absenceF1

England and Wales

(1)

This regulation applies if a person dies during a period when the person—

(a)

is absent from work because of illness or injury,

(b)

is on ordinary maternity leave,

(c)

is on ordinary adoption leave,

(d)

is on paternity leave ~~F2or parental leave~~ , parental leave F3, shared parental leave or parental bereavement leave,

and the earnings used to calculate the person’s pensionable pay have ceased to be paid before the person’s death.

(2)

Any benefits payable under this Chapter must be calculated as if the person had died in pensionable service on the day before those earnings ceased.

Annotations

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.23(1)(d) substituted (31.12.2014 for specified purposes) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(7), 49 (with reg. 105)
F3: Words in reg. 3.E.23(1)(d) substituted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 18(12)