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

Amount of surviving adult’s pension: pensioner members

3.E.4.—(1) In the case of a pensioner member, for the initial period the rate of the pension payable under regulation 3.E.1 (surviving dependent adult’s pension) is equal to the rate of the member’s pension in payment at the time of death if that amount is greater than the sum of—

(a) the amount of the pension payable to the surviving adult dependant under this Chapter apart from this paragraph; and

(b) the amount of the children’s pensions otherwise payable under this Part.

(2) At any time when the rate is not the rate mentioned in paragraph (1), the rate of the surviving adult dependant’s pension in the case of the death of a pensioner member is equal to 37.5% of the pension to which the member was entitled on the date of death (disregarding any additional pension).

(3) For the purposes of paragraph (1), any reduction in the rate of the member’s pension under—

(a) Chapter 3.H (abatement);

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

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

is to be ignored.

(4) For the purposes of paragraph (2)—

(a) any reduction in the rate of the member’s pension under—

(i) regulation 3.D.4 (early payment of pension with actuarial reduction);

(ii) regulation 3.D.10; or

(iii) regulation 3.K.10; and

(b) any increase in the rate of the member’s pension under—

(i) regulation 3.D.3 (late payment of pension with actuarial increase); or

(ii) regulation 3.K.20,

is to be ignored.

(5) In this regulation “the initial period” means—

(a) if the member leaves one or more dependent children who are dependent on the surviving adult dependant, the period of 6 months beginning with the day after the member’s death; and

(b) otherwise the period of three months beginning with that day.

(6) For the purposes of paragraph (5), a child born after the member’s death is to be treated as having been born before it.

(7) If a member who has had an upper tier ill health retirement pension under regulation 3.D.7 (early retirement on ill health: active members and non-contributing members) replaced by a lower tier ill health retirement pension (by virtue of regulation 3.G.4(2) (effect of re-employment on upper tier ill health pensions))—

(a) is in further NHS employment and dies before the end of “the initial period” (within the meaning of regulation 3.G.4(6)(c)); or

(b) is in further employment that is not NHS employment and dies within a period of one year beginning with the day on which that further employment ceased to be an “excluded employment” (within the meaning of regulation 3.G.4(6)(a)),

the member’s pension referred to in paragraph (1) means that member’s original upper tier ill health pension.

(8) This regulation is subject to regulation 3.E.7 (amount of surviving adult’s pension: re-employed pensioners).