The National Health Service Pension Scheme Regulations 2015

Amount of child pension: re-employed pensioners

128.—(1) This regulation applies to determine the annual amount of pension payable under regulation 121 if, at the date of death, the deceased was—

(a) an active member of this scheme; and

(b) a pensioner member of this scheme.

(2) If there is no surviving adult, in relation to the period of 6 months starting on the day after the date of death, the rate of pension is equal to the sum of—

(a) the rate of the deceased’s pensionable earnings at the date of death; and

(b) the rate of the pension being received by the deceased at the date of death.

(3) In paragraph (2), rate of pensionable earnings for a member who was a practitioner or non-GP provider is the rate during the last complete quarter before the member’s death.

(4) Apart from paragraph (2), the amount is the appropriate fraction of—

(a) if, at the date of death, the deceased has not reached normal pension age, the amount found by applying the formula in regulation 123(3);

(b) in any other case, 67.5% of the pension to which the deceased would have been entitled in accordance with regulation 74 (see paragraph 1 of Schedule 13).

(5) The appropriate fraction is as determined by regulation 123(4).

(6) Paragraph (7) applies if an eligible child was dependent both—

(a) at the time when the pensionable service in respect of which the pension is payable ceased; and

(b) at the date of death.

(7) The amount is the sum of—

(a) the amount payable under regulation 123 in respect of the deceased’s new employment—

(i) if paragraph (1)(b) of that regulation did not apply; and

(ii) ignoring paragraph (b) of element B in the formula in paragraph (3) of that regulation; and

(b) the amount found under regulation 124(3)(a) in respect of the deceased’s old employment if paragraph (1)(b) of that regulation did not apply.

(8) For the purposes of paragraph (7)—

(a) if the aggregate of the periods of pensionable service taken into account in determining the amounts under sub-paragraphs (a) and (b) is less than 10 years, the period to be taken into account for the purposes of paragraph (a) must be increased by a period equal to the length of the difference;

(b) “new employment” and “old employment” must be construed in accordance with Chapter 7 of Part 5.