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

Dual capacity membership: death benefits
This section has no associated Policy Notes

3.E.26.—(1) This paragraph applies if the deceased member was—

(a)a member of this Section of the scheme of two or more of the kinds specified in paragraph (2);

(b)a pensioner member in respect of two or more pensions; or

(c)a deferred member in respect of two or more pensions.

(2) The kinds of member are—

(a)an active member;

(b)a deferred member;

(c)a pensioner member; and

(d)a pension credit member.

(3) If paragraph (1) applies, the general rule is that—

(a)benefits are payable in respect of the member under this Chapter as if two or more members of the kinds in question had died (so that two or more pensions or lump sums are payable in respect of the one deceased member); and

(b)the amounts payable are determined accordingly.

(4) Paragraph (3) does not apply where specific provision to the contrary is made about a person to whom that paragraph would otherwise apply.

(5) In relation to the specific provision referred to in paragraph (4), see in particular—

(a)regulation 3.E.3 (amount of surviving adult’s pension: active members and non-contributing members);

(b)regulation 3.E.4 (amount of surviving adult’s pension: pensioner members);

(c)regulation 3.E.7 (amount of surviving adult’s pension: re-employed pensioners);

(d)regulation 3.E.8 (surviving dependent child’s pension);

(e)regulation 3.E.14 (amount of surviving child’s pension: re-employed pensioners);

(f)regulation 3.E.16 (lump sum benefits on death: introduction);

(g)regulation 3.E.18 (amount of lump sum: dual capacity members (disregarding regulation 3.D.5 employments));

(h)regulation 3.E.19 (amount of lump sum: dual capacity members (members with pensions under regulation 3.D.5));

(i)regulation 3.E.21 (pension payable when member dies on or after reaching age 75); and

(j)Chapter 3.G (re-employment and rejoining the scheme).

(6) If a person who is a pension credit member is entitled to two or more pension credits—

(a)benefits are payable in respect of the person under this Chapter as if the person were two or more persons, each being entitled to one of the pension credits (so that two or more pensions or lump sums are payable in respect of the one pension credit member); and

(b)the amounts of those benefits are determined accordingly.