The National Health Service Pension Scheme (Scotland) Regulations 2015

Re-employed pensioners: adult survivor pensions in initial period

118.—(1) This regulation applies if, apart from this regulation, both regulations 114(4) and 115(3) apply on the death of a member.

(2) If this regulation applies, the rate of pension payable by virtue of these Regulations during the initial period (as defined in the respective regulations) is the rate provided in paragraph (3).

(3) For the relevant initial period, the rate of pension payable is equal to the sum of amounts A and B.

(4) Amount A is, in the case of a deceased active member, the rate of the deceased’s pensionable earnings at the time of death.

(5) Amount B is the rate of the deceased member’s pension payable at the time of death after taking account of—

(a) the conversion amount (see paragraph 10 of Schedule 7);

(b) any reduction in the rate of the member’s pension under regulation 102.

(6) Paragraph (4) 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 Chapter 2,

would be greater.