The National Health Service Superannuation Scheme (Scotland) Regulations 2011

Widow’s pension when member dies in pensionable employment

G2.—(1) The widow’s pension payable on a member’s death in pensionable employment before reaching age 75 will be as described in this regulation.

(2) The widow’s pension for the first three months after the member’s death (six months if the member leaves at least one dependent child who is dependent on the widow) will be equal to the rate of the member’s pensionable pay when the member died if that amount is greater than the amount of widow’s pension and child allowance that would otherwise be payable under these Regulations.

(3) Except while the widow’s pension is payable at the rate mentioned in paragraph (2), if the member dies with at least 2 years’ qualifying service, the widow’s pension will be equal to one‑half of the pension that would have been payable to the member under this Section of the scheme if the member had retired through ill-health with a pension under regulation E2 (early retirement pension (ill-health)) on the day the member died.

(4) Paragraphs (5) to (8) apply if a member dies on or after 1st April 2008.

(5) The widow’s pension for the first 6 months after the member’s death will be equal to the rate of the member’s pensionable pay when the member died if that amount is greater than the amount of widow’s pension that would otherwise be payable under these Regulations.

(6) Except while the widow’s pension is payable at the rate mentioned in paragraph (5), if the member dies with 2 years or more qualifying service, the widow’s pension will be equal to one-half of the pension to which the member would have been entitled if, on the date of death, the member had become entitled to an upper tier pension under regulation E3 (ill health pension on early retirement).

(7) Except while the widow’s pension is payable at the rate mentioned in paragraph (2) or (5), if the member dies with less than 2 years’ qualifying service but after reaching age 60, the widow’s pension will be equal to one-half of the pension that would have been payable to the member under this Section of the scheme if the member had retired with a pension under regulation E1 (normal retirement pension) on the day the member died.

(8) Except while the widow’s pension is payable at the rate mentioned in paragraph (2) or (5), if the member dies with less than 2 years’ qualifying service and before reaching age 60, the widow will receive a pension equal to her guaranteed minimum pension under this Section of the scheme, unless the Scottish Ministers discharge their liability to provide this pension by paying a contributions equivalent premium under section 55(2) of the 1993 Act.

(9) The widow’s pension payable on a member’s death where, on the day the member dies, the member is—

(a) under the age of 70;

(b) in NHS employment;

(c) no longer required to pay contributions pursuant to regulation D1(26) or (27) (contributions by members); and

(d) except where regulation R4(4) applies, not in receipt of any pension under any of regulations E1 to E11,

will be as described in paragraphs (2) and (3), but with the modifications set out in paragraph (10).

(10) The modifications referred to in paragraph (9) are—

(a) in paragraph (2), for “member’s pensionable pay when the member died” substitute “member’s final year’s pensionable pay”; and

(b) in paragraph (3), for “on the day the member died” substitute “on the member’s last day of pensionable employment”.

(11) The widow’s pension payable on a member’s death if, on the day the member died, the member is—

(a) under the age of 75 if not a special class officer or under the age of 70 if a special class officer;

(b) in NHS employment;

(c) no longer required to pay contributions on or after 2nd April 2008 pursuant to regulation D1(26) or (27) (contributions by members); and

(d) except where regulation R4(6) (members doing more than one job) applies, not in receipt of a pension under any of regulations E1 to E11,

will be as described in paragraphs (5) and (6), but with the modifications set out in paragraph (12).

(12) The modifications referred to in paragraph (11) are—

(a) in paragraph (5), for “member’s pensionable pay when the member died” substitute “member’s final year’s pensionable pay”; and

(b) in paragraph (6), for “ on the date of death” substitute “on the member’s last day of pensionable employment.