Amendment of regulation 87A
17. In regulation 87A (Benefits on death in superannuable employment after pension under regulation 13A becomes payable) after paragraph (1), insert—
“(1A) Subject to the modifications set out in paragraph (1B), this regulation shall also apply to a member in respect of whom a pension is payable under regulation 13A who—
(a)returns to superannuable employment after that pension becomes payable; and
(b)on the day the member dies, the member is—
(i)under the age of 75,
(ii)in HSC employment,
(iii)no longer required to pay contributions pursuant to regulation 10(3) or (4) (Contributions by members), and
(iv)except where regulation 77(6) applies, not in receipt of a pension under any of regulations 12 to 16 in respect of the member’s later service.
(1B) The modifications referred to in paragraph (1A) are—
(a)in paragraph (6), for “on the date of the member’s death” substitute “on the member’s last day of superannuable employment”;
(b)in paragraph (10), for “rate of superannuable pay when the member died” substitute “final year’s superannuable pay”;
(c)in paragraph (15)(a), for “rate of superannuable pay when the member died” substitute “final year’s superannuable pay”;
(d)in paragraph (15)(b), for “at that time” substitute “when he died”.”.