The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009

Amendment of regulation 3.E.10

71.  In regulation 3.E.10 (amount of children’s pension under regulation 3.E.8: deceased active members)—

(a) in the heading after “deceased active members” insert, “and deceased non-contributing members”;

(b) in paragraph (1) after “active” insert, “,or a non-contributing member”;

(c) for paragraph (3), substitute—

“(3) In this regulation “the basic death pension” means twice the appropriate proportion of the deceased member’s pension under regulation 3.D.1 and—

(a) in the case of an active member, that pension will include the greater of —

(i) any increase due to such enhancement period (if any) that would have applied for the purposes of regulation 3.D.7(5) if the deceased had become entitled to a tier 2 ill-health pension on the date of death, and

(ii) 10 years’ pensionable service;

(b) in the case of a non-contributing member, will be based on the pensionable service that the deceased was entitled to count on the date of death.”;

(d) in paragraph (5) for “equal to the average rate of the member’s pensionable earnings during the complete quarter before he died.”, substitute—

“equal to—

(i) in the case of a deceased active member, the average rate of the deceased’s pensionable earnings during the last complete quarter before the member died, and

(ii) in the case of 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.”;

(e) for paragraph (6), substitute—

“(6) In a case within paragraph (4)(b) or (c), the rate of pension in respect of the dependent child or children for the period of 6 months beginning with the deceased’s death is equal to—

(a) in the case of a deceased active member, the average rate of the deceased’s pensionable earnings during the last complete quarter before the member died, and

(b) in the case of 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.”.