SCHEDULE 2N.I.Transitional provisions

PART 6N.I.Payment of death benefits in respect of transition members with continuity of service

Annual rate of surviving adult's pensions payable under this scheme when a transition member dies in serviceN.I.

16.—(1) This paragraph applies in relation to a transition member with continuity of service—

(a)who dies as an active member of this scheme; and

(b)whose period of service is at least 12 months.

(2) Where there is an entitlement under this scheme and [F1a relevant] scheme to a surviving adult's pension, the annual rate of that pension is the sum of—

(a)the amount of dependant's earned pension calculated under regulation 100; and

(b)the amount of the equivalent surviving spouse's or surviving civil partner's pension payable under [F1a relevant] scheme.

(3) Where there is an entitlement to a surviving adult's pension, the payment of any pension or enhancement in respect of the member's assumed period of pensionable service is not payable under [F1a relevant] scheme.

(4) In this paragraph—

“the member's assumed period of pensionable service” means the period—

(a)

beginning with the day after the date of the member's death; and

(b)

ending with—

(i)

for a member appointed for a fixed term, the day on which that term would have ended; and

(ii)

for all other appointments, the day before the day on which the member would have reached prospective normal pension age if the member had lived until that age; and

“period of service” means—

(a)

the member's continuous period of pensionable service under this scheme; and

(b)

the member's pensionable service under [F1a relevant] scheme before the transition date for that member.

[F2(5) In this paragraph a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.]

Textual Amendments

Annual rate of eligible child's pension payable under this scheme when a transition member dies in serviceN.I.

17.—(1) This paragraph applies in relation to a transition member with continuity of service—

(a)who dies as an active member of this scheme; and

(b)whose period of service is at least 12 months.

(2) The annual rate of child's pension payable is the sum of—

(a)the annual rate of child's earned pension calculated under regulation 105; and

(b)the annual rate of child's pension payable under [F3a relevant] scheme.

(3) Where a child's pension is payable, the payment of any pension or enhancement in respect of the member's assumed period of pensionable service is not payable under [F3a relevant] scheme.

(4) In this paragraph—

“the member's assumed period of pensionable service” means the period—

(a)

beginning with the day after the date of the member's death; and

(b)

ending with—

(i)

for a member appointed for a fixed term, the day on which that term would have ended; and

(ii)

for all other appointments, the day before the day on which the member would have reached prospective normal pension age if the member had lived until that age; and

“period of service” means—

(a)

the member's continuous period of pensionable service under this scheme; and

(b)

the member's pensionable service under [F3a relevant] scheme before the transition date for that member.

[F4(5) In this regulation a reference to “pensionable service” in relation to the Fee-Paid Judges Scheme is a reference to qualifying judicial service.]

Textual Amendments

Death in service lump sumN.I.

18.—(1) This paragraph applies in relation to a transition member with continuity of service who dies in service within the meaning of regulation 121.

(2) On the death of the member—

(a)a lump sum death benefit is payable under regulation 121; but

(b)a death in service lump sum death benefit is not payable under [F5a relevant] scheme.

Textual Amendments

Death out of service lump sumN.I.

19.—(1) For the purpose of payment of death benefits, a transition member with continuity of service who dies as a deferred member or pensioner member of this scheme dies out of service under this scheme and [F6a relevant] scheme.

(2) On the death of such a member—

(a)if regulation 122 applies to the member, a lump sum death benefit is payable under that regulation; and

(b)if the member is a pensioner member of [F6a relevant] scheme and the conditions for payment of a death out of service lump sum death benefit under the rules of [F7the relevant] scheme are met, a death out of service lump sum death benefit is payable under that scheme.

Textual Amendments