PART 9Family benefits

Adult pensions: short-term rate95

1

The annual rate of an adult pension which becomes payable on the death of a person (D) is to be calculated in accordance with this regulation during the first 3 months after D’s death.

2

The annual rate of the adult pension is made up of the following—

a

where D dies in service and falls within paragraph (2)(a) or (b) of regulation 100 (short-term rate of adult and child pensions: supplemental), the annual rate of D’s contributable salary on D’s last day in pensionable employment, disregarding any reduction by reason of sick leave or maternity, paternity or adoption leave;

b

where D dies in service and falls within paragraph (2)(c) or (d) of regulation 100 (short-term rate of adult and child pensions: supplemental), the annual rate, at the date of D’s death, of the notional salary mentioned in regulation C9(7) of TPR 1997 or, as the case may be, regulation 19(8);

c

where D dies as a phased retirement pensioner, the annual rate at the date of D’s death of any phased retirement pension;

d

where D dies as a retirement pensioner, the annual rate at the date of D’s death of any retirement pension.

3

Where—

a

D does not die in service, or die as a phased retirement pensioner or as a retirement pensioner, or

b

where the annual rate of the adult pension calculated in accordance with paragraph (2) is smaller than the annual rate calculated in accordance with regulation 96 (adult pensions: long-term rate),

the annual rate of the adult pension is the same as the annual rate calculated in accordance with that regulation.