The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

Amount of surviving adult's pension: re-employed pensioners S

3.E.7.—(1) This regulation applies if, apart from this regulation, both regulations 3.E.3(1) (active members and non-contributing members) and 3.E.4(1) (pensioner members) would apply on the death of a member.

(2) Where this regulation applies, the rate of pension payable by virtue of regulations 3.E.3(1) and 3.E.4(1) during the initial period (as defined in the respective regulations) is instead the rate provided in paragraph (3).

(3) Subject to paragraph (4), for the relevant initial period the rate of the pension payable under regulation 3.E.1 (surviving dependent adult's pension) is equal to the sum of—

(a) in the case of—

(i) a deceased active member, the rate of the deceased's pensionable earnings during the last complete quarter before the member's death; or

(ii) a deceased non-contributing member, the rate of the monthly average of the deceased's uprated earnings on the member's last day of pensionable service; and

(b) the rate of the deceased member's pension payable at the time of death after taking account of any reduction in the rate of the pension under—

(i) Chapter 3.H (abatement);

(ii) regulation 3.D.10 (general option to exchange part of pension for lump sum); and

(iii) regulation 3.K.10 (amount of pension and lump sum to be paid to a 2008 Section Optant).

(4) Paragraph (3)(a) does not apply if—

(a) the rate of the pension payable to the surviving adult in respect of later service; and

(b) any children's pension that would otherwise be payable in respect of later service under this Part,

would be greater.