The Church of England Pensions Regulations 1988

Meaning of “deceased member’s pension”

17.—(1) Subject to the provisions of this regulation, in regulations 14 to 16 above the expression “deceased member’s pension” means—

(a) if at the date of death the scheme member was in receipt of a pension under these regulations, the pension received by the member;

(b) if at the date of death the scheme member had attained the retiring age but was not in receipt of a pension under these regulations, the pension to which the member would have been entitled if he had retired on the date of his death;

(c) if at the date of death the scheme member was performing pensionable service but had not attained the retiring age, the pension to which the member would have been entitled under these regulations if on that date the member had retired on the ground that he had become incapable through infirmity of performing the duties of his office;

(d) if at the date of death the scheme member had ceased to perform pensionable service but had not attained the retiring age and was not in receipt of a pension under these regulations, the pension to which the member would have been entitled if on that date he had become incapable through infirmity of performing pensionable service.

(2) Where the pension of a scheme member has been suspended under regulation 9 above and the member dies while the pension is in suspension, then for the purpose of calculating the rate of pension to which a widow, widower or child is entitled under the preceding provisions of this Part of these regulations, any reference in those provisions to the deceased member’s pension shall be construed as a reference to a pension at such rate as the Board think fit having regard to the additional period of pensionable service performed, not being at a rate lower than that received by the member before the suspension.

(3) In determining for the purposes of this regulation the rate of pension received by a scheme member, no account shall be taken of any augmentation or supplementary pension paid under regulation 6 above.

(4) Where a clerk has surrendered to the Board under an agreement made under section 15 of the 1961 Measure a part of his right to a pension under that Measure, he shall for the purposes of this regulation be deemed to have received the pension which he would have received if he had not entered into that agreement.