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The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

Type Ni-Statutory-Rule

Publication 2008-06-17

Last updated 2025-06-18

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(2) If the member was not an active member of the 2015 Scheme during the whole of the period of 12 months mentioned in paragraph (1)(d), that paragraph applies as if the member's pensionable pay during that period were—

$$PP×365N$where—PP is the member's pensionable pay for the part of that period during which the member was an active member of the 2015 Scheme, andN is the number of days in that period on which the member was an active member of the 2015 Scheme.$

(3) The option may only be exercised by notice in writing in such form as the Department requires and must be accompanied by a statement in writing by the employing authority, or employing authorities, that the conditions in paragraph (1)(c) and (d) are met.

(4) The option must specify—

(a) the percentage of the member's pension (excluding any additional pension) in respect of which the member claims immediate payment (“the specified percentage”), and

(b) whether the member claims immediate payment of additional pension (if any).

(5) A member who duly exercises the option under this regulation is entitled—

(a) in the case of a member who has reached the age of 65, to immediate payment of the specified percentage of the pension to which the member would be entitled under regulation 45 if the member had ceased to be employed in one or more employments on the option day (disregarding any additional pension, but subject to any increase under regulation 47),

(b) in the case of a member who has not reached the age of 65, to immediate payment of the specified percentage of the pension to which the member would be entitled under regulation 48 if the member had ceased to be employed in one or more employments on the option day (disregarding any additional pension), and

(i) in a case within sub-paragraph (a), to an increase of the same percentage as would be made in that pension under regulation 47 if the member had ceased to be employed on the option day, and

(ii) in a case within sub-paragraph (b), to a reduction of the same amount as would have been made in that pension under regulation 48 if the member had so ceased.

(6) The specified percentage must be such that—

(a) the pension to which the member becomes entitled as a result of the option (before the exercise of the option under regulation 58 and disregarding any additional pension)—

(i) is not less than the amount of the pension payable by reference to 20% of the member's pensionable service at the end of the option day (disregarding any additional pension), and

(ii) taken together with any such increase to which the member becomes entitled as a result of the option (before any such commutation), is not less than 0.05% of the member's lump sum and death benefit allowance on the option day,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The option under this regulation may only be exercised on no more than two occasions, and the Department shall take advice from the Scheme actuary regarding—

(a) any benefits to be paid after the exercise of the first option (but before the exercise of the second option),

(b) any benefits to be paid after the exercise of any second option, and

(8) In this regulation “the option day” means the day before the reduction in pensionable pay by virtue of which the option is exercisable takes effect.

(9) For the purposes of this Part, a member who has exercised the option under this regulation—

(a) is a pensioner member as respects the pension to which the member is immediately entitled as a result of exercising the option and the specified percentage of the pensionable service that pension represents, as respects which the member is an active member on the option day,

(b) if the member continues in pensionable service in the 2015 scheme after the option day, is an active member or a non-contributing memberas respects—

(i) the pensionable service after that day in which the member continues, and

(ii) so much of the pensionable service as respects which the member is an active member or a non-contributing member on the option day as does not fall within sub-paragraph (a) (“the unspecified service”), and

(c) if the member does not continue in pensionable service after the option day, is a deferred member as respects the unspecified service.

(9A) For the purposes of this regulation, in the case of a non-contributing member, “pensionable pay” means the member’s pensionable earnings for the purposes of the 2015 Scheme.

(10) In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.

Increase in pensionable pay following exercise of option under regulation 49

50

(1) This regulation applies if, in a case where a member has exercised the option under regulation 49—

(a) during the period of 12 months beginning with the day after the option day the terms on which the member holds the employment or employments referred to in regulation 49 (1) (a) change again, and

(b) as a result the member's pensionable pay in that employment or those employments is increased (disregarding any increase in pensionable pay resulting from the member leaving a salary sacrifice arrangement) to more than 90% of the member's pensionable pay during the period of 12 months ending with the option day, or

(c) following an increase referred to in sub-paragraph (b), the member's pensionable pay in that employment or those employments is reduced (disregarding any reduction in pensionable pay resulting from the member entering into a salary sacrifice arrangement) to 90 per cent or less per cent of the member's pensionable pay during the period of 12 months ending with the option day.

(2) In the circumstances referred to in—

(a) paragraph (1)(b), the amount of the member's pension mentioned in sub-paragraphs (a) and (b) of regulation 49(5) shall be abated to zero from the first pension day immediately following the day on which the level of the member's pensionable pay increased,

(b) paragraph (1)(c), subject to any adjustments in accordance with sub-paragraph (c), the member shall again be entitled to receive payment of the full amount of the pension mentioned in sub-paragraphs (a) and (b) of that regulation as from the first pension day immediately following the day on which the level of the member's engagement reduced,

(c) where sub-paragraph (b) applies, before restoring the payment of a pension the Department shall have regard to the advice of the Scheme actuary as to whether the amount of the pension should be adjusted in view of the length of time during which it was abated to zero in accordance with sub-paragraph (a).

(3) If the member was not an active member or a non-contributing member during the whole of the period of 12 months mentioned in paragraph (1)(b), that paragraph applies as if the member's pensionable pay during that period were—

$$PP×365N$where—PP is the member's pensionable pay for the part of that period during which the member was an active member or a non-contributing member , andN is the number of days in that period on which the member was an active member or a non-contributing member .$

(4) If, in the opinion of the Department, had the terms and conditions of the member's employment remained the same after the option day (apart from pensionable pay), the annual rate of pensionable pay for the employment as at the time of the change mentioned in paragraph (1)(a) would have exceeded the annual rate referred to in paragraph (1)(b)—

(a) paragraph (2)(a) does not apply, and

(b) this regulation applies as if paragraph (1)(b) referred to that annual rate instead of the actual annual rate.

(5) For the purposes of this regulation, if during the period of 12 months beginning with the day after the option day the member enters a further employment or employments in which the member is an active member or a non-contributing member of this Section of the Scheme—

(a) that event is treated as if the terms on which the member holds the employment in respect of which the option was exercised (“the option employment”) had changed again, and

(b) the member's pensionable pay in the further employment is treated as an increase in the member's pay in the option employment.

(6) In this regulation “the option day” has the same meaning as in paragraph (8) of regulation 49.

Application of regulations 49 and 50 where concurrent part-time employments held

51

(1) This regulation provides for the application of regulations 49 and 50 if a person is an active member of the 2015 scheme in two or more part-time employments held concurrently on the option day.

(2) Those regulations apply in relation to each of the employments as if it were the only employment held by the member on that day, but subject to the following modifications.

(3) In regulation 49(1) for sub-paragraph (d) substitute—

(d) as a result of that change the sum of the annual rate of the member's pensionable pay in that employment and every other employment held by the member on the option day is reduced (disregarding any reduction in pensionable pay resulting from the member entering into a salary sacrifice arrangement) to 90% or less of the sum of— (i) the member's pensionable pay in the employment during the period of 12 months ending with the option day, and (ii) the member's pensionable pay during that period in every other employment held by the member on the option day.

(4) In regulation 49(2)—

(a) after the words “paragraph (1)(d)” insert “ in the employment or any other employment referred to in that paragraph ”, and

(b) after the words “that period” insert the words “ in that employment ”.

(5) In regulation 50(1) for sub-paragraph (b) substitute—

(b) as a result the annual rate of the member's pensionable pay in that employment is increased (disregarding any increase in pensionable pay resulting from the member ending a salary sacrifice arrangement) to more than 90% of the sum of— (i) the member's pensionable pay in the employment during the period of 12 months ending with the option day, and (ii) the member's pensionable pay during that period in every other employment held by the member on the option day.

(6) In regulation 50(3)—

(a) after the words “paragraph (1)(b)” insert “ in the employment or any other employment referred to in that paragraph ”, and

(b) after the words “that period” insert the words “ in that employment ”.

(7) For regulation 50(4) substitute—

(4) If, in the opinion of the Department, had the terms and conditions of the member's employment or any other such employment remained the same after the option day (apart from pensionable pay), the annual rate of pensionable pay for the employment as at the time of the change mentioned in paragraph (1)(a) would have exceeded the annual rate referred to in paragraph (1)(b)for that employment— (a) paragraph (2)(a) does not apply, and (b) this regulation applies as if paragraph (1)(b) referred to that annual rate instead of the actual annual rate.

(8) Where—

(a) a member's pension is abated in accordance with regulation 50(2)(a), in the circumstances described in regulation 50(1)(b), and

(b) the member's pensionable pay does not reduce in the manner described in regulation 50(1)(c),

the pension will (in any event) be payable by the Department when the member retires, or partially retires again, from pensionable employment or attains the age of 75 and in doing so the Department shall—

(i) have regard to any pensions already paid, including any lump sum paid as a result of the member exercising an option under regulation 58,

(ii) take advice of the Scheme actuary.

Early retirement on ill-health (active members and non-contributing members )

52

(1) A pension payable under this regulation shall be known as an ill-health pension and may be paid at two different tiers known as a tier 1 ill-health pension and a tier 2 ill-health pension.

(2) An active member or a non-contributing member who has not reached the age of 65 and who has ceased to be employed in HSC employment is entitled to immediate payment of a tier 1 ill-health pension that is payable for life if—

(a) in the opinion of the Department the member suffers from physical or mental infirmity as a result of which the member is permanently incapable of discharging the duties of the member's employment efficiently,

(b) the member's employment is terminated because of that physical or mental infirmity,

(d) the member has claimed the pension.

(3) An active member who has not reached the age of 65 is entitled to immediate payment of a tier 2 ill-health pension if—

(a) in addition to meeting the condition in paragraph (2) (a), in the opinion of the Department the member suffers from physical or mental infirmity as a result of which the member is permanently incapable of engaging in regular employment of like duration,

(b) the member's employment is terminated because of that physical or mental infirmity,

(d) the member has claimed the pension.

(4) The annual amount of a tier 1 ill-health pension (disregarding any additional pension) is calculated as specified in regulation 45(4).

(5) The annual amount of a tier 2 ill-health pension (disregarding any additional pension) is calculated as specified in regulation 45(4), but on the assumption that the member's pensionable service—

(a) is increased by the enhancement period where the member—

(i) has not had a break in pensionable service of 12 months or more; or

(ii) has returned to pensionable employment 12 months or more after having a break in such service and it would be more favourable to the member to treat the member’s pensionable service before and after the break, and all such other breaks (if any), as continuous;

(b) is not increased by the enhancement period in the circumstances referred to in sub-paragraph (a) (ii) if—

(i) the member’s pensionable service before and after the break is treated separately under regulation 110, or

(ii) the member’s pensionable service in respect of an earlier service credit is treated separately under regulation 136G.

(6) In this regulation, subject to paragraph (7), “the enhancement period” means two-thirds of the member's assumed pensionable service.

(7) If the member's pensionable service includes any period which, apart from this paragraph would be calculated in accordance with regulation 8 (meaning of “pensionable service”: part-time service), the enhancement period that would apply apart from this paragraph is reduced by multiplying it by the fraction—

$$TPSaTPSn$where—TPSa is the member's total pensionable service, applying that regulation in respect of any period in part-time employment, andTPSn is the member's total pensionable service if that regulation were not applied.$

(8) In this regulation “the member's assumed service” means, subject to paragraph (9), the further pensionable service that the member could have counted if the member had continued in service until reaching the age of 65.

(9) To the extent that any increase under paragraph (5) would cause a member's pensionable service to exceed the limit of 45 years provided for in regulation 7 (3), the amount of any excess will be reduced accordingly.

(10) This regulation is subject to—

(a) regulation 112 (effect of re-employment on tier 2 ill-health pensions), and

(b) regulation 113 (re-employed tier 1 ill-health pensioners).

(11) A member does not qualify for a pension under this regulation if the member's HSC employment has been terminated by the member—

(a) being dismissed from such employment (unless the Department is satisfied that the member was dismissed because of the member's infirmity); or

(b) retiring or resigning from such employment at a time when the member was the subject of disciplinary proceedings or had been notified that such proceedings were being contemplated; or

(c) otherwise retiring or resigning from such employment unless at the time of doing so the member's employing authority has notified the Department in writing that the member's physical or mental infirmity is the reason for the termination of that employment and the Department is satisfied that is the case.

(12) For the purposes of determining whether a member is permanently incapable of discharging the duties of the member's employment efficiently under paragraph (2)(a), the Department shall have regard to the factors in paragraph (14) (no one of which shall be decisive) and disregard the member's personal preference for or against engaging in that employment.

(13) For the purposes of determining whether a member is permanently incapable of engaging in regular employment of like duration under paragraph (3)(a), the Department shall have regard to the factors in paragraph (15) (no one of which shall be decisive) and disregard the factors in paragraph (16).

(14) The factors to be taken into account for paragraph (12) are—

(a) whether the member has received appropriate medical treatment in respect of the incapacity;

(b) the member's—

(i) mental capacity; and

(ii) physical capacity;

(c) such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of his incapacity, irrespective of whether such rehabilitation is undergone; and

(d) any other matter which the Department considers appropriate.

(15) The factors to be taken into account for paragraph (13) are—

(a) whether the member has received appropriate medical treatment in respect of the incapacity; and

(b) such reasonable employment as the member would be capable of engaging in if due regard is given to the member's—

(i) mental capacity;

(ii) physical capacity;

(iii) previous training; and

(iv) previous practical, professional and vocational experience,

irrespective of whether or not such employment is actually available to the member;

(c) such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of his incapacity (irrespective of whether such rehabilitation is undergone) having due regard to the member's—

(i) mental capacity; and

(ii) physical capacity;

(d) such type and period of training which it would be reasonable for the member to undergo in respect of his incapacity (irrespective of whether such training is undergone) having due regard to the member's—

(i) mental capacity;

(ii) physical capacity;

(iii) previous training; and

(iv) previous practical, professional and vocational experience; and

(e) any other matter which the Department considers appropriate.

(16) The factors to be disregarded for paragraph (13) are—

(a) the member's personal preference for or against engaging in any particular employment; and

(b) the geographical location of the member.

(17) For the purpose of this regulation—

“appropriate medical treatment” means such medical treatment as it would be normal to receive in respect of the incapacity, but does not include any treatment that the Department considers—that it would be reasonable for the member to refuse,would provide no benefit to restoring the member's capacity for—discharging the duties of the member's employment efficiently under paragraph (2)(a), orengaging in regular employment of like duration under paragraph (3)(a),before the member reaches age 65, orthat, through no fault on the part of the member, it is not possible for the member to receive before the member reaches age 65;

“permanently” means—the period until age 65; andin the case of a 2008 Section Optant who, before joining this Section of the Scheme, was assessed by a medical adviser as being—permanently incapable of efficiently discharging their duties for the purposes of regulation 13A(2)(b)(i) of the 1995 Regulations (Ill health pension on early retirement), that Optant shall be deemed to be permanently incapable of discharging the duties of the Optant’s employment efficiently for the purposes of paragraph (2)(a),permanently incapable of regular employment of like duration for the purposes of regulation 13A(2)(b)(ii) of the 1995 Regulations, that Optant shall be deemed to be permanently incapable of engaging in regular employment of like duration for the purposes of paragraph (3)(a);

“regular employment of like duration” means—in the case of a non-GP provider, such employment as the Department considers would involve a similar level of engagement to the member's current pensionable service as a non-GP provider; andin all other cases, where prior to retiring from employment that is pensionable the member was employed—on a whole-time basis, regular employment on a whole-time basis;on a part-time basis, regular employment on a part-time basis,regard being had to the number of hours, half-days and sessions the member worked in that employment.

(18) In the case of a 2008 Section Optant, this regulation is subject to regulations 136L and 136N to 136R.

(19) In the case of a Waiting Period Joiner, this regulation is subject to regulation 136ZA.

Re-assessment of entitlement to an ill-health pension determined under regulation 52

53

(1) This regulation applies if—

(a) in the opinion of the Department a member meets the condition in regulation 52(2)(a), and

(b) at the time the member is awarded a pension under that regulation the Department gives the member notice in writing that the member's case may be considered once within a period of three years commencing with the date of that award to determine whether the member meets the condition in regulation 52(3)(a) at the date of such a consideration.

(2) A member to whom a notice under paragraph (1)(b) has been given may apply to the Department for a review of whether the member subsequently meets the condition in regulation 52(3)(a) if—

(a) the member makes the application in writing—

(i) within three years of the date of issue of the notice, or

(ii) in the case of a member who engages in further HSC employment during the period of three years referred to in paragraph (1)(b), before the first anniversary of the day on which that employment commences or, if sooner, before the end of that period;

(b) the application for a review is accompanied by further written medical evidence—

(i) relating to whether the condition in regulation 52(3)(a) is satisfied at the date of the Department’s review, and

(ii) that evidence relates to the same physical or mental impairment as a result of which the member met the condition in regulation 52(2)(a);

(d) the member has not become entitled to a tier 2 ill-health pension in respect of any later service under regulation 113.

(3) If, after considering the further medical evidence provided by the member, the Department determines that the member meets the condition in regulation 52(3)(a), then as from the date on which that determination is made, the member—

(a) ceases to be entitled to a tier 1 ill-health pension; and

(b) becomes entitled to a tier 2 ill-health pension under regulation 52 , which shall be calculated as if paragraph (8) of that regulation included the words “from the date of the Department's determination under regulation 53” after “continued in service”.

(4) In the case of a 2008 Section Optant, this regulation is subject to regulations 136P and 136Q.

Early retirement on ill-health (deferred members)

54

(1) A deferred member who has not reached the age of 65 is entitled to immediate payment of a pension that is payable for life if—

(a) in the opinion of the Department the member suffers from physical or mental infirmity as a result of which the member is permanently incapable of engaging in regular employment of like duration, and

(b) the member has claimed the pension.

(2) A deferred member who is in HSC employment and has not reached the age of 65 is entitled to immediate payment of a pension that is payable for life if—

(a) in the opinion of the Department the member—

(i) does not fall within paragraph (1)(a), but

(ii) suffers from physical or mental infirmity as a result of which the member is permanently incapable of discharging the duties of the member's employment efficiently, and

(b) the member has left that employment and claimed the pension.

(3) The amount of the annual pension payable under this regulation (disregarding any additional pension) is calculated as specified in regulation 45(4).

(4) For the purposes of determining whether a member is permanently incapable of discharging the duties of the member's employment efficiently under paragraph (2)(a)(ii), the Department shall have regard to the factors in paragraph (6) (no one of which shall be decisive) and disregard the member's personal preference for or against engaging in that employment.

(5) For the purposes of determining whether a member is permanently incapable of engaging in regular employment of like duration under paragraph (1)(a), the Department shall have regard to the factors in paragraph (7) (no one of which shall be decisive) and disregard the factors in paragraph (8).

(6) The factors to be taken into account for paragraph (4) are—

(a) whether the member has received appropriate medical treatment in respect of the incapacity;

(b) the member's—

(i) mental capacity; and

(ii) physical capacity;

(c) such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of his incapacity, irrespective of whether such rehabilitation is undergone; and

(d) any other matter which the Department considers appropriate.

(7) The factors to be taken into account for paragraph (5) are—

(a) whether the member has received appropriate medical treatment in respect of the incapacity; and

(b) such reasonable employment as the member would be capable of engaging in if due regard is given to the member's—

(i) mental capacity;

(ii) physical capacity;

(iii) previous training; and

(iv) previous practical, professional and vocational experience,

irrespective of whether or not such employment is actually available to the member;

(c) such type and period of rehabilitation which it would be reasonable for the member to undergo in respect of his incapacity (irrespective of whether such rehabilitation is undergone) having due regard to the member's—

(i) mental capacity; and

(ii) physical capacity;

(d) such type and period of training which it would be reasonable for the member to undergo in respect of his incapacity (irrespective of whether such training is undergone) having due regard to the member's—

(i) mental capacity;

(ii) physical capacity;

(iii) previous training; and

(iv) previous practical, professional and vocational experience;

(e) any other matter which the Department considers appropriate.

(8) The factors to be disregarded for paragraph (5) are—

(a) the member's personal preference for or against engaging in any particular employment; and

(b) the geographical location of the member.

(9) For the purpose of this regulation—

“appropriate medical treatment” means such medical treatment as it would be normal to receive in respect of the incapacity, but does not include any treatment that the Department considers—that it would be reasonable for the member to refuse,would provide no benefit to restoring the member's capacity for—discharging the duties of the member's employment efficiently under paragraph (2)(a)(ii), orengaging in regular employment of like duration under paragraph (1)(a),before the member reaches age 65, orthat, through no fault on the part of the member, it is not possible for the member to receive before the member reaches age 65;

“permanently” means the period until age 65; and

“regular employment of like duration” means—in the case of a member who was a non-GP provider, such employment as the Department considers would involve a similar level of engagement to the member's pensionable service as a non-GP provider immediately before that service ceased; andin all other cases, where prior to leaving employment that was pensionable the member was employed—on a whole-time basis, regular employment on a whole-time basis;on a part-time basis, regular employment on a part-time basis,regard being had to the number of hours, half-days and sessions the member worked in that employment.

(10) In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.

Early retirement on termination of employment by employing authority

55

(1) A member, other than a non-GP provider who has reached the age of 55, but not 65, is entitled to a pension payable for life if—

(a) the employment in which the member is an active member or a non-contributing member is terminated by the member's employing authority and the member has ceased to be employed in HSC employment,

(b) the member has 2 years of qualifying service,

(i) has at least 2 years’ continuous employment determined in accordance with any terms and conditions applying to the employment,

(ii) is entitled to claim a pension under this regulation if the member’s employment is terminated by reason of redundancy as an alternative to receiving (in whole or in part) the lump sum payment otherwise payable to the member in accordance with those terms and conditions, and

(iii) has not unreasonably refused to seek suitable alternative employment or accept an offer of such employment.

(d) the Department certifies that the member's employment is terminated—

(i) by reason of redundancy, or

(ii) in the interests of the efficiency of the service in which the member is employed, and

(e) the member has claimed payment of the pension.

(2) A certificate under paragraph (1)(d)(ii) may only be given with the agreement of the employing authority.

(3) A pension to which a member is entitled under this regulation becomes payable immediately the member becomes entitled to it : this is subject to paragraph (3A) .

(3A) A member who satisfies the conditions of this regulation is not entitled to a pension under this regulation if the Department, after consultation with the scheme actuary, decides that the amount of the pension would be less than the amount of the guaranteed minimum pension to which the member is entitled.

(4) Subject to paragraph (6), the amount of the annual pension payable under this regulation (disregarding any additional pension) is given by the formula—

$$RP60×LPS365$where—RP is the member's reckonable pay, andLPS is the length of the member's pensionable service, expressed in days.$

(5) A claim under paragraph (1)(e)—

(a) must be made in writing to the Department within 6 months of the employment terminating, and

(b) must contain such information as the Department may from time to time require.

(6) If the member—

(a) has received a related payment in respect of the cessation of the employment,

(b) the terms and conditions relating to the employment require that payment to be reduced to take account of the additional contributions the employing authority must make to the Department in accordance with regulation 32, and

the amount of that payment (or, if there is more than one such payment, the aggregate amount of those payments) is deducted from the amount of the pension.

(7) In paragraph (6) “related payment” means—

(a) a redundancy payment under the Employment Rights (Northern Ireland) Order 1996 , or

(b) a corresponding payment under the arrangements of the Whitley Councils for the Health Services.

(8) This regulation does not apply to—

(a) practice staff;

(b) a member who is providing piloted services;

(d) a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a HSC Trust.

(9) In the case of a 2008 Section Optant, this regulation is subject to regulation 136L.

Option to have periods of service treated separately where pay is reduced

56

(1) This regulation applies if—

(a) the reckonable pay of an active member who has at least 2 years of qualifying service is reduced, and

(b) the reduction occurs in circumstances specified in paragraph (2).

(2) The circumstances are that—

(a) the member is transferred from one employment to another,

(b) the member leaves one employment and takes up another in circumstances approved by the Department for the purposes of this regulation, or

(c) the member's duties change while the member continues in the same employment, otherwise than at the member's request or as a result of something done by the member.

(3) The member may opt to be treated for the purposes of this Section of the Scheme in accordance with this regulation as follows—

(a) the member is treated as a deferred member of this Section of the Scheme as respects the earlier service, and

(b) if the member is an active member of this Section of the Scheme in the later service, for the purposes of this Chapter the member is treated as respects the later service as if the member became an active member for the first time on the day that service began.

(4) But nothing in paragraph (3) prevents the member's earlier service and later service counting as a single continuous period for the purposes of regulation 10 (qualifying service).

(5) If the member's pensionable service is to be increased under regulation 52(5)—

(a) the member's pensionable service will count as a continuous period for the purposes of calculating to what extent the pensionable service on which the pension is based should be increased, and

(b) the increase will apply only in respect of the pension attributable to the later service.

(6) If a member has duly exercised the option under this regulation, the member is treated as mentioned in paragraph (3) (but subject to paragraphs (4) and (5)) unless paragraph (7) applies.

(7) This paragraph applies if—

(a) at the time that the member first becomes entitled to a pension under this Section of the Scheme in respect of the earlier service or the later service, or

(b) if it is earlier, at the time of the member's death,

in the opinion of the Department the benefits payable to or in respect of the member would be more valuable if the option and any other options exercised by the member under this regulation were disregarded.

(8) The option under this regulation may only be exercised by giving notice in writing to the Department in such form as the Department requires before the end of the period of 3 months beginning with the first day of the later service.

(9) In this regulation—

“the earlier service” means—in the case of a change of circumstances within paragraph (2)(a) or (b), the service in the employment that the member has left, andin the case of a change of circumstances within paragraph (2)(c), the service in the employment before the change in the member's duties took effect, and

“the later service” means—in the case of a change of circumstances within paragraph (2)(a) or (b), the service in the employment that the member has begun, andin the case of a change of circumstances within paragraph (2)(c), the service in the employment after the change in the member's duties took effect.

Exceptions to requirement that HSC employment must have ceased

57

(1) A member is not prevented from becoming entitled to a pension under regulation 45 in respect of relevant service because of continuing in HSC employment if paragraph (2) or (2A) applies.

(2) This paragraph applies if—

(a) the member is an active member or a non-contributing member in the HSC employment and that employment is employment into which the member has been transferred as a result of a transfer of an undertaking to the employing authority, and

(b) the member is a deferred member in respect of pensionable service that ceased before the member commenced the employment referred to in sub-paragraph (a).

(2A) This paragraph applies if the member is not a non-contributing member and is in employment with an employing authority in respect of which the member is eligible to join the 2015 Scheme and that member’s service in this Section does not qualify as, or has ceased to be, pensionable service to which paragraphs 1(2)(i) and (ii) or paragraphs 2(i) and (ii) of Schedule 7 (final salary link) to the 2014 Act applies.

(3) In paragraph (1), “relevant service” means—

(a) the pensionable service referred to in paragraph (2)(b) in respect of which the member is a deferred member; or

(b) the service in this Section referred to in paragraph (2A).

(4) A member is not prevented from becoming entitled to a pension under regulation 55 in respect of pensionable service in an employment (“the old employment”) because of continuing in HSC employment if paragraph (5) applies.

(5) This paragraph applies if—

(a) before the termination of the old employment the member held two or more HSC employments concurrently, and

(b) the member elected to take benefits under regulation 55 only in respect of the old employment and to continue to accrue rights to benefits in respect of any continuing employments in which the member is an active member.

(6) For the effect of a pension becoming payable as a result of paragraph (2) or (2A) applying, see—

(a) Chapter 7 (re-employment and rejoining this Section of the Scheme),

(b) Chapter 8 (abatement).

Options to exchange pension for lump sum

General option to exchange part of pension for lump sum

58

(1) A member (other than a pension credit member whose rights under this Section of the Scheme are attributable to a disqualifying pension credit for the purpose of paragraph 2 of Schedule 29 to the Finance Act 2004) may opt to exchange part of a pension to which the member would otherwise be entitled for a lump sum.

(2) If a member so opts, for every £1 by which the member's annual amount of a pension is reduced, the member is to be paid a lump sum of £12.

(3) An option under paragraph (1) must relate to an annual amount of pension that is a whole number of pounds (and accordingly the lump sum will be exactly divisible by 12).

(4) In paragraphs (2) and (3) “annual amount”, in relation to a pension, means the amount of the annual pension to which the member would be entitled under this Chapter apart from the option, together with any increases payable under the Pensions (Increase) Act (Northern Ireland) 1971, calculated as at the time payment would first be due.

(5) A member may not exchange pension for lump sum under this regulation to the extent that it would result in a scheme chargeable payment for the purposes of Part 4 of the Finance Act 2004 (see, in particular, section 241 of, and paragraph 1 of Schedule 29 to, that Act).

(6) If the member has a guaranteed minimum under section 10 of the 1993 Act in relation to the whole or part of a pension, paragraph (1) only applies to so much of the pension as exceeds that guaranteed minimum, multiplied by such factor as is indicated for a person of the member's description in tables provided by the Scheme actuary.

(7) The option under this regulation may only be exercised by giving notice in writing to the Department in such form as it requires—

(a) at the time of claiming the pension, or

(b) before such later time as the Department specifies in writing.

This is subject to paragraphs (8) and (9).

(8) If the pension is an ill-health pension under regulation 52, the option under this regulation may only be exercised by giving notice in writing to the Department in such form as it requires—

(a) where the member is awarded—

(i) a tier 1 pension under paragraph (2) of that regulation, at the time of claiming that tier 1 pension,

(ii) a tier 2 pension under paragraph (3) of that regulation, at the time of claiming that tier 2 pension; or

(b) before such later time as the Department specifies in writing.

(9) If the pension is a tier 2 ill-health pension under regulation 53, in substitution for a tier 1 ill-health pension under regulation 52, the option under this regulation may only be exercised—

(a) in relation to the difference between the tier 1 pension that ceases to be payable in accordance with paragraph (3) of regulation 53 and the tier 2 pension to which the member becomes entitled under that paragraph; and

(b) by giving notice in writing to the Department in such form as it requires—

(i) at the time of award of the tier 2 pension under that paragraph, or

(ii) before such later time as the Department specifies in writing.

(10) In the case of a 2008 Section Optant, this regulation is subject to paragraph (4) of regulation 136H and regulation 136L.

Option for members in serious ill-health to exchange whole pension for lump sum

59

(1) An active member , non-contributing member , a deferred member or a pension credit member may opt to exchange a relevant pension for a lump sum if the Department is satisfied that the conditions for the lump sum to be a serious ill-health lump sum for the purposes of the Finance Act 2004 will be met (see paragraph 4 of Schedule 29 to that Act).

(2) For the purposes of paragraph (1), a “relevant pension” is a pension payable to that member under—

(a) regulation 45 (normal retirement pensions),

(b) regulation 46 (pension credit members' pensions),

(d) regulation 54 (early retirement on ill-health (deferred members)).

(3) The option may only be exercised—

(a) in the case of a pension payable under regulation 45 or 46, before or at the time when the pension becomes payable,

(b) in the case of a pension payable under regulation 52 or 54, before the pension becomes payable to the member.

(4) An active member or a non-contributing member aged 65 or over who exercises the option is to be paid, as soon as is reasonably practicable ..., an amount equal to the sum of—

(a) the maximum lump sum to which the member could have become entitled on exercising the option under regulation 58 if at the appropriate time the member had become entitled to a pension under regulation 45, and

(b) the total annual amount of the pension to which the member would have been entitled under regulation 45 after exercising that option, multiplied by 5.

(5) A pension credit member who exercises the option is to be paid, as soon as reasonably practicable ..., an amount equal to the sum of—

(a) the maximum lump sum (if any) to which the pension credit member could have become entitled on exercising the option under regulation 58 at the appropriate time; and

(b) the total annual amount of the pension to which the pension credit member is entitled under regulation 46 after exercising that option, multiplied by 5.

(6) An active member or a non-contributing member entitled to a pension under regulation 52 who exercises the option is to be paid, as soon as is reasonably practicable, an amount equal to the sum of—

(a) the maximum lump sum to which the member could have become entitled on exercising the option under regulation 58 at the appropriate time, and

(b) the total annual amount of the pension to which the member is entitled under regulation 52 after exercising that option, multiplied by 5.

(7) A deferred member entitled to a pension under regulation 54 who exercises the option is to be paid, as soon as is reasonably practicable, an amount equal to the sum of—

(a) the maximum lump sum to which the member could have become entitled on exercising the option under regulation 58 at the appropriate time, and

(b) the total annual amount of the pension to which the member is entitled under regulation 54 after exercising that option, multiplied by 5.

(8) In this regulation “the appropriate time” means—

(a) for the purposes of paragraphs (4) and (5) the time when the option under this regulation is exercised, and

(b) for the purposes of paragraphs (6) and (7) the time payment of the pension under regulation 52 or, as the case may be, regulation 54 would otherwise first be due.

(9) In this regulation references to the “annual amount” of a pension are to the amount of the annual pension to which the member would be entitled, together with any increases payable under the Pensions (Increase) Act (Northern Ireland) 1971, calculated as at the appropriate time.

(10) The option under this regulation may only be exercised by notice in writing to the Department in such form as the Department requires.

Pension debit members and pension credit members

Reduction in pension debit member’s benefits

60

(1) The benefits to which a pension debit member is entitled under this Chapter are subject to the reduction to be made under Article 28 of the 1999 Order.

(2) In the case of a 2008 Section Optant, this regulation is subject to paragraph (2) of regulation 136H.

Pension credit member's rights

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation

Election to allocate pension

62

(1) A member may elect to allocate a part of the annual amount of the member's pension under this Section of the Scheme for the provision of a pension after the member's death for a single person who is the member's spouse or civil partner or another person who is the member's dependant within the meaning of paragraph 15 of Schedule 28 to the Finance Act 2004 if conditions A and B are met.

(2) Condition A is that the member has not become entitled to the payment of any pension under this Section of the Scheme other than a pension payable under regulation 49 (partial retirement: members aged at least 55).

(3) Condition B is that in the case of a member who is not making the election on claiming the pension, the member—

(a) has reached the age of 65 and has completed 45 years of pensionable service, or

(b) the member has reached the age of 70.

(4) Any pension provided as a result of such an election must be calculated in accordance with tables prepared by the Scheme actuary.

(5) The member may not elect to allocate more than one-third of the member's relevant annual pension.

(6) The member may not elect to allocate an amount that would result in—

(a) the allocated annual pension exceeding the member's unallocated relevant annual pension,

(b) the allocated pension exceeding such amount as the Department may determine for the purposes of this paragraph, after consultation with the Scheme actuary, having regard to any restrictions imposed under Part 4 of the Finance Act 2004, or

(c) the value of the allocated annual pension being such that a lump sum could be paid under regulation 128 (commutation of small pensions) by way of commutation of a pension of that amount if the person entitled to the pension was not entitled to any other benefits under this Section of the Scheme.

(7) The annual pension that is allocated must be an exact number of pounds.

(8) If a member—

(a) elects to allocate a part of the member's pension under paragraph (1) after reaching the age of 65 and whilst in pensionable service, and

(b) dies before the pension becomes payable,

for the purposes of paragraphs (5) to (7) the member is treated as entitled to the relevant pension to which the member would have been entitled if the member had become entitled to the pension immediately before death.

(9) References in this regulation to the member's relevant pension, in relation to any pension, are references to so much of the pension as would be payable if the member had exercised the option under regulation 58 so as to obtain the maximum lump sum possible.

Procedure for election under regulation 62

63

(1) An election under regulation 62 in respect of a member's pension must be made—

(a) at the time when the member claims the pension or, if the member does not become entitled to the pension at that time, when the member does become so entitled, or

(b) if the member is in pensionable service after reaching the age of 65, at any time after reaching that age and before reaching the age of 75.

(2) The election must be made by giving notice in writing to the Department.

(3) The notice must be in such form and contain such information as the Department requires.

(4) Subject to paragraphs (6) and (7), an election under regulation 62 takes effect once it has been accepted by the Department.

(5) The election may not be withdrawn, amended or revoked after it has taken effect.

(6) The election does not take effect if—

(a) the member or the person in whose favour the election was made (“the beneficiary”) dies on or before the day on which the Department accepts it, or

(b) the Department is not satisfied that at the time when the election is made the member is in good health.

(7) The election is treated as not having taken effect if the beneficiary dies before the member is notified in writing that the Department has accepted the election.

Effect of allocation

64

(1) If an election under regulation 62 for the allocation of a member's pension to another person (“the beneficiary”) has taken effect—

(a) the member's pension is reduced accordingly (even if the beneficiary predeceases the member), and

(b) if the beneficiary survives the member, on the member's death the beneficiary becomes entitled to the payment of a pension for life of such amount as is determined in accordance with regulation 62.

(2) An allocation is disregarded for the purposes of this regulation if it would result in a pension being paid under this regulation to a beneficiary who is neither—

(a) the member's spouse or civil partner on the date when the member becomes entitled to the pension or dies, nor

(b) a dependant of the member for the purposes of paragraph 15(2) or (3) of Schedule 28 to the Finance Act 2004 when the member dies.

(3) References in this Part to pensions under this Chapter do not include pensions under this regulation except where the context otherwise requires.

(4) Any such pension is payable in addition to any pension payable to the beneficiary in respect of the member's death under Chapter 5 (death benefits).

Dual capacity membership

65

(1) This paragraph applies if a member is—

(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

(2) The kinds of member are—

(a) an active member or a non-contributing member ,

(b) a deferred member,

(d) a pension credit member.

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

(a) benefits are payable to the member under this Chapter (or to any person to whom the member has opted to allocate pension under regulation 62) as if the member were two or more members of the kinds in question (so that two or more pensions or lump sums are payable in respect of the one member), and

(b) the amounts payable are determined accordingly.

(4) The rule in paragraph (3) is subject to any indication to the contrary and, in particular, does not affect the interpretation of—

(a) regulation 7(3) (45 year limit),

(b) regulation 49(9) in a case where a member is both an active member or a non-contributing member and a pensioner member by virtue of that regulation,

(d) regulation 111 (exception to general rule in regulation 110 about separate treatment of pay and service),

(e) regulation 112 (effect of re-employment on tier 2 ill-health pensions),

(f) regulation 113 (re-employed tier 1 ill-health pensioners),

(g) regulation 114 (deferred pension becoming payable during HSC re-employment as a result of a transfer of undertaking), or

(h) Chapter 8 (abatement).

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

(a) benefits are payable to the person under this Section of the Scheme (or to any person to whom the member has opted to allocate pension under regulation 62) 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 to the one pension credit member), and

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

Contracting-out obligations (GMPs, etc.)

Guaranteed minimum pensions etc

66

(1) If a member has a guaranteed minimum under section 10 of the 1993 Act in relation to benefits under this Section of the Scheme—

(a) nothing in this Part permits or requires anything that would cause requirements made by or under that Act in relation to such a member and such a member's rights under this Section of the Scheme not to be met in the case of the member,

(b) nothing in this Part prevents anything from being done which is necessary or expedient for the purposes of meeting such requirements in the case of the member, and

(2) If apart from this rule—

(a) no pension would be payable to the member under this Section of the Scheme, or

(b) the weekly rate of the pensions payable would be less than the guaranteed minimum,

a pension at a weekly rate equal to the guaranteed minimum is payable to the member for life from the date on which the member reaches State pension age or, as the case may be, pensions the aggregate weekly rate of which is equal to the guaranteed minimum are so payable.

(3) If, subject to paragraph (4)—

(a) on reaching State pension age the member is still in employment (whether or not it is scheme employment), and

(b) if it is not scheme employment, the member consents to a postponement of the member's entitlement under paragraph (2),

paragraph (2) does not apply until the member leaves employment.

(4) If the member continues in employment for a further 5 years after reaching State pension age and does not then leave employment, the member is entitled from the end of that period to so much of the member's pension under this Chapter as equals the member's guaranteed minimum (or, as the case may be, to so much of the member's pensions under this Chapter as together have a weekly rate equal to the member's guaranteed minimum), unless the member consents to a further postponement of the entitlement.

(5) If paragraph (3) or (4) applies, the amount of the guaranteed minimum to which the member is entitled under this rule is increased in accordance with section 11 of the 1993 Act.

(6) If—

(a) before State pension age the member becomes entitled to the immediate payment of a pension, and

(b) the member has a guaranteed minimum under section 10 of the 1993 Act in relation to the whole or part of the pension,

the weekly rate of the pension, so far as attributable to that service, must not be less than that guaranteed minimum, multiplied by such factor as is indicated in tables provided by the Scheme actuary for a person of the member's age and sex at the date on which the pension becomes payable.

(7) This paragraph applies if a person has ceased to be in employment that is contracted-out by reference to this Section of the Scheme, and either—

(a) all the person's rights to benefits under this Section of the Scheme, except the person's rights in respect of the person's guaranteed minimum or rights under section 5(2B) of the 1993 Act (“the person's contracting-out rights”), have been transferred under Chapter 6 (transfers), or

(b) the person has no rights to benefits under this Section of the Scheme apart from the person's contracting-out rights.

(8) If paragraph (7) applies—

(a) from the date on which the person reaches State pension age the person is entitled to a pension payable for life at a weekly rate equal to his guaranteed minimum, if any, and

(b) from the date on which the person reaches pension age the person is entitled to a pension in respect of his rights under section 5(2B) of the 1993 Act,

but a person falling within paragraph (7) is not to be regarded as a pensioner for the purposes of Chapter 5 (death benefits).

(9) Paragraphs (2) to (8) do not apply to—

(a) a pension that is forfeited—

(i) as a result of a conviction for treason, or

(ii) in a case where an offence within regulation 130(2)(b) (forfeiture of rights to benefit) is committed,

(b) a pension that is commuted under regulation 59 (option for members in serious ill-health to exchange whole pension for lump sum), or

(c) a pension that is commuted under regulation 128 (commutation of small pensions) where the conditions in regulation 60 of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 are met,

but if any other provision of this Section of the Scheme is inconsistent with this rule, this rule prevails.

(10) In this regulation—

(a) “scheme employment”, in relation to a member, means employment in the employment by virtue of which the member is eligible for membership of this Section of the Scheme, and

(b) references to the amount of a pension are to its amount—

(i) disregarding any additional pension,

(ii) after the subtraction of any amount exchanged under regulation 58 (general option to exchange part of pension for lump sum), and

(iii) before the subtraction of any amount allocated under regulation 62 (election to allocate pension).

CHAPTER 5 — DEATH BENEFTS

Pensions for surviving adults

Surviving adult dependants' pensions

67

(1) If an active member, a non-contributing member , a deferred member or a pensioner member dies leaving a surviving adult dependant, the surviving adult dependant is entitled to a pension that is payable for life at the rate payable under regulations 69 to 73 and, in any case where that pension includes additional pension, regulations 40(4) and 42(3).

(2) In this Part “surviving adult dependant”, in relation to a deceased member or former member, means the member's or former member's surviving spouse, civil partner or scheme partner .

Meaning of “surviving nominated partner”

68

In this Part, a person (P) is a “surviving scheme partner” if the Department is satisfied that for a continuous period of at least two years, ending with the member’s death—

(a) the member and P were living together as if they were husband and wife or civil partners,

(b) the member and P were not prevented from marrying or entering into a civil partnership,

(d) neither the member nor P were living with a third person as if they were husband and wife or as if they were civil partners.

Amount of pensions under regulation 67: active and non-contributing members

69

(1) In the case of an active member or a non-contributing member, for the period of 6 months beginning with the day after the member’s death (“the initial period”) the rate of the pension payable under regulation 67 (if that amount is greater than the amount of the pension payable to the surviving adult under this Chapter apart from this paragraph), is equal to—

(a) in the case of a deceased active member, the rate of the member’s pensionable pay at the time of death;

(b) in the case of a deceased non-contributing member, the rate of the deceased’s reckonable pay.

(2) Subject to paragraph (3), after the initial period, if the member dies with 2 or more years of qualifying service, the annual amount of the pension payable under regulation 67—

(a) if the member has not reached the age of 65, is equal to 37.5% of the tier 2 ill-health pension under regulation 52 to which the member would have been entitled if on the date of death the member had become entitled to such a pension, and

(b) if the member has reached the age of 65, is equal to 37.5% of the pension under regulation 45 (normal retirement pensions) to which the member would have been entitled if on the date of death the member had become entitled to such a pension in respect of any period of pensionable service that the member is entitled to count.

Sub-paragraph (b) is subject to paragraph (7).

(3) After the initial period, if the member dies with less than 2 years of qualifying service but after reaching the age of 65, the annual amount of the pension payable under regulation 67 is equal to 37.5% of the pension to which the member would have been entitled (disregarding any additional pension) if on the date of death the member had become entitled to a pension under regulation 45 (normal retirement pensions) in respect of any period of pensionable service that the member is entitled to count.

This is subject to paragraph (7).

(4) After the initial period, if—

(a) the member dies with less than 2 year's qualifying service and before reaching the age of 65, and

(b) the surviving adult has a guaranteed minimum under section 13 of the 1993 Act in relation to benefits in respect of the deceased member under this Section of the Scheme,

the annual amount of the pension payable under regulation 67 is equal to that guaranteed minimum, unless paragraph (5) applies.

(5) This paragraph applies if the Department's liability to provide a guaranteed minimum pension in respect of the surviving adult is discharged by the payment of a contributions equivalent premium under section 51(2) of the 1993 Act.

(6) This regulation is subject to regulation 73 (re-employed pensioners).

(7) For the purposes of paragraphs (2)(b) and (3) any increase under—

(a) regulation 47; or

(b) regulation 136U,

is ignored.

Amount of pensions under regulation 67: pensioner members

70

(1) In the case of a pensioner member, for the initial period the rate of the pension payable under regulation 67 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 8 of this Part;

(b) regulation 58; or

is ignored.

(3A) For the purpose of paragraph (2)—

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

(i) regulation 48,

(ii) regulation 58, or

(iii) regulation 136L; and

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

(i) regulation 47, or

(ii) regulation 136U,

is ignored.

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

(a) if the member leaves one or more dependent children who are dependant 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 3 months beginning with that day.

(5) For the purposes of paragraph (4) a child born after the member's death is treated as having been born before it.

(6) If a member who has had a tier 2 ill-health retirement pension under regulation 52 replaced by a tier 1 ill-health retirement pension (by virtue of regulation 112(2))—

(a) is in further HSC employment and dies before the end of the initial period (within the meaning of regulation 112(6)(c) and in accordance with regulation 112(2)), or

(b) is in further employment that is not HSC 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 112(6)(a)),

the member's pension referred to in paragraph (1) means that member's original tier 2 ill-health pension.

(7) This regulation is subject to regulation 73 (re-employed pensioners: adult survivor pensions in initial period).

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of pensions under regulation 67: deferred members

71

(1) In the case of a deferred member—

(a) who left pensionable service less than 12 months before the date of death, and

(b) whose surviving adult dependant would have been the member's surviving adult dependant if the member had died on the member's last day of pensionable service,

the rate of the pension payable under regulation 67 is equal to 37.5% of the tier 2 ill-health pension under regulation 52 to which the member would have been entitled if on the date the member's pensionable service ceased the member had become entitled to such a pension under regulation 52 (but disregarding any additional pension).

(2) In the case of any other deferred member ..., the rate of the pension payable under regulation 67 is equal to 37.5% of the pension under regulation 45(normal retirement pensions) in respect of any period of pensionable service to which the member would have been entitled if on the date of death the member had become entitled to such a pension.

Recent leavers

72

(1) If—

(a) a recent leaver dies leaving a surviving spouse or civil partner who has a guaranteed minimum under section 13 of the 1993 Act in relation to benefits in respect of the recent leaver under this Section of the Scheme, and

(b) the member has died before reaching the age of 65,

the surviving spouse or civil partner is entitled to a pension that is payable for life of an amount equal to that person's guaranteed minimum pension (disregarding any additional pension), unless paragraph (2) applies.

(2) This paragraph applies if the Department's liability to provide a guaranteed minimum pension in respect of the surviving adult is discharged by the payment of a contributions equivalent premium under section 51(2) of the 1993 Act.

(3) In this Part “recent leaver” means a person—

(a) who left pensionable service less than 12 months before the date of death,

(b) who is not a deferred member or a pensioner member because of rights resulting from that employment, and

Re-employed pensioners: adult survivor pensions in initial period

73

(1) This regulation applies if, apart from this regulation, both regulations 69(1) and 70(1) would apply on the death of a member.

(2) Where this regulation applies, the rate of pension payable by virtue of regulations 69(1) and 70(1) during the initial period (as defined in the respective regulations) shall instead be the rate provided in paragraph (3).

(3) Subject to paragraph (4), for the relevant initial period the rate of the pension payable under regulation 67 is equal to the sum of—

(a) in the case of—

(i) a deceased active member, the rate of the deceased’s pensionable pay at the time of death, or

(ii) a deceased non-contributing member, the rate of the deceased’s reckonable pay on the deceased’s last day of pensionable service; and

(b) the rate of the deceased member’s pension payable at the time of death after taking account of any reduction in the rate of pension under—

(i) Chapter 8 of this Part,

(ii) regulation 58, and

(iii) regulation 136L.

(4) Paragraph (3)(a) does not apply if—

(a) the rate of the pension payable to the surviving adult in respect of later service, and

(b) any children's pension that would otherwise be payable in respect of later service under this Part,

would be greater.

Pensions for dependent children

Surviving children's pensions

74

(1) If a member or a recent leaver dies leaving one or more dependent children, a pension is payable in respect of them.

(2) This is subject to paragraphs (7) to (9).

(3) If a dependent child ceases to be a dependent child after the date of death, the pension ceases to be payable in respect of that child.

(4) If a dependent child is born after the date of death, the same pension is payable in respect of the child as if the child had been born on the date of death.

(5) If a member or a recent leaver dies leaving two or more dependent children, they are entitled to such shares of the pension as the Department may from time to time decide.

(6) An amount payable under this regulation in respect of a dependent child is payable to the dependent child or, if the Department so decides, to another person for the dependent child's benefit.

(7) No pension is payable in respect of any dependant children who on the deceased's death are dependant on an adult who is entitled to a surviving adult's pension whilst that pension is payable at the rate mentioned in regulation 70(1) or 73(3)(b), except so much of that pension as is additional pension.

(8) If a dependent child is incapable of earning a living because of physical or mental infirmity for any period and the child is maintained out of money provided by Parliament in a hospital or other institution for a period exceeding one month, no pension is payable in respect of the child for any part of that period after the first month.

(9) If, apart from this paragraph, a pension would be payable in respect of any person as a dependent child of three or more persons who were deceased members or recent leavers—

(a) a pension is only payable in respect of two of them, and

(b) the amount payable is equal to the sum of the two highest pensions.

(10) For the rate at which the pension referred to in paragraph (1) is payable, see regulations 76 to 81 and, in any case where that pension includes additional pension, regulations 40(4) and 42(3).

Meaning of “dependent child”

75

(1) In this Part “dependent child”, in relation to a deceased member or recent leaver, means a person who—

(a) meets the relationship condition in paragraph (2),

(b) either—

(i) has not reached the age of 23, or

(ii) in the opinion of the Scheme administrator was financially dependent on the deceased at the date of death because of physical or mental impairment and remains so,

(i) before the deceased ceased to be an active member , or

(ii) within one year after the deceased ceased to be an active member,

(d) in the case of a person within sub-paragraph (c)(i), was dependent on the deceased—

(i) at the date of death, and

(ii) if the deceased died after ceasing to be an active member, when the deceased ceased to be an active member, and

(e) in the case of a person within sub-paragraph (c)(ii)—

(i) was dependent on the deceased both at birth and at the deceased's death, or

(ii) if the person was born after the deceased's death, would have been dependent on the deceased had the deceased not died before the person's birth.

(2) A person meets the relationship condition if the person is—

(a) a natural child or natural grandchild of the deceased,

(b) an adopted child of the deceased who was adopted whilst the deceased was an active member,

(c) a step-child of the deceased whose natural or adoptive parent is the deceased's surviving spouse or civil partner from a marriage entered into, or a civil partnership formed, whilst the deceased was an active member,

(d) in a case where the deceased left a surviving scheme partner with whom the deceased was living as mentioned in regulation 68(a) and (b) when the deceased ceased to be an active member, a person whose natural or adoptive parent is the deceased's surviving scheme partner ,

(e) a brother or sister, or a child of a brother or sister, of the member or the member's spouse or civil partner or scheme partner ,

(f) a half-brother or half-sister, or a child of a half-brother or half-sister, of the member or the member's spouse or civil partner or scheme partner ,

(g) a person whom, in the opinion of the Scheme administrator, the deceased intended when the deceased ceased to be an active member to adopt, or

(h) a person who had been dependent on the deceased for 2 years or (if less) half the person's life when the deceased ceased to be an active member.

Amount of children's pension under regulation 74: deceased active members and deceased non-contributing members

76

(1) This regulation applies for determining the annual amount of the pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was an active ,or a non-contributing member of this Section of the Scheme who was not also a pensioner member.

(2) Subject to paragraphs (6) and (7), that amount is the appropriate fraction of the basic death pension.

(3) In this regulation “the basic death pension” means—

$$0.75×RP60×LRS365$where—RP is the deceased's reckonable pay, andLRS is the length of the deceased's relevant service, expressed in days.$

(4) For this purpose “relevant service” means—

(a) in the case of an active member, the greater of—

(i) the pensionable service the deceased was entitled to count on the date of death, increased by the enhancement period (if any) that would have applied for the purposes of regulation 52(5) if the deceased had become entitled to a tier 2 ill-health pension on the date of death, and

(ii) 10 years' pensionable service;

(b) in the case of a non-contributing member, the pensionable service that the deceased was entitled to count on the date of death.

In the case of a 2008 Section Optant, this is subject to regulation 136X and in the case of a Waiting Period Joiner, this is subject to regulation 136ZC.

(5) In this regulation “the appropriate fraction” means—

(a) if there is a surviving parent of the dependent child or children or a surviving spouse or civil partner of a parent of the dependent child or children and a surviving adult dependant's pension is payable under regulation 67—

(i) one-quarter if there is only one dependent child, and

(ii) one-half if there are two or more dependent children,

(b) if there is such a parent or spouse or partner of a parent, but no surviving adult dependant's pension is payable under regulation 67—

(i) one-third if there is only one dependent child, and

(ii) two-thirds if there are two or more dependent children,

(i) one-third if there is only one dependent child, and

(ii) two-thirds if there are two or more dependent children.

(6) If—

(a) a surviving adult dependant's pension is payable under regulation 67, and

(b) there is a dependent child who is not dependent on the person entitled to that pension,

the rate of the pension payable in respect of that child for the first 3 months after the deceased's death is equal to—

in the case of a deceased active member, the rate of the deceased’s pensionable pay at the date of death, and

in the case of a deceased non-contributing member, the rate of the deceased’s reckonable pay.

(7) In a case within paragraph (5)(b) or (c) , the rate of the pension in respect of the dependant child or children for the period of 6 months beginning with the deceased's death is equal to—

in the case of a deceased active member, the rate of the deceased’s pensionable pay at the date of death, and

in the case of a deceased non-contributing member, the rate of the deceased’s reckonable pay.

Amount of children's pension under regulation 74: deceased pensioner members

77

(1) This regulation applies for determining the annual amount of the pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was a pensioner member of this Section of the Scheme who was not also an active member or a non-contributing member .

(2) Subject to paragraphs (5), (6) and (7) that amount is the appropriate fraction of the basic death pension.

(3) In this regulation “the basic death pension” means the greater of—

(a) 75% of the deceased's annual pension (disregarding any additional pension), and

(b) 75% of the annual pension to which the deceased would have been entitled if the deceased had been entitled to count 10 years' pensionable service (disregarding any additional pension).

In the case of a 2008 Section Optant, this is subject to regulation 136X and in the case of a Waiting Period Joiner, this is subject to regulation 136ZC.

(4) In this regulation “the appropriate fraction” means—

(a) if there is a surviving parent of the dependent child or children or a surviving spouse or civil partner of a parent of the dependent child or children and a surviving adult dependant's pension is payable under regulation 67—

(i) one-quarter if there is only one dependent child, and

(ii) one-half if there are two or more dependent children,

(b) if there is such a parent or spouse or partner of a parent, but no surviving adult dependant's pension is payable under regulation 67—

(i) one-third if there is only one dependent child, and

(ii) two-thirds if there are two or more dependent children,

(i) one-third if there is only one dependent child, and

(ii) two-thirds if there are two or more dependent children.

(5) If—

(a) a surviving adult dependant's pension is payable under regulation 67, and

(b) there is a dependent child who is not dependent on the person entitled to that pension,

the rate of the pension in respect of that child for the first 3 months after the deceased's death is equal to the rate of the member's pension at the date of death (disregarding any additional pension).

(6) In a case within paragraph (4)(b) or (c), the rate of the pension in respect of the dependent child or children for the period of 6 months beginning with the deceased’s death is equal to the greater of—

(a) the rate of the member’s pension at the date of death disregarding any reduction made under Chapter 8 (Abatement) and any additional pension, and

(b) the amount of children’s pension that would otherwise be payable under these Regulations.

(7) If the deceased member's pension was payable under regulation 48 (early payment of pensions with actuarial reduction), the reference in paragraph (3) (a) and (b) to the member's pension is a reference to the amount that the member's pension would have been if it had been calculated without the reduction mentioned in paragraph (2)(b) of that regulation.

(8) For the purposes of paragraphs (1) and (2), any reduction in the member’s pension under regulation 58 and regulation 136L will be ignored.

Amount of children's pension under regulation 74: deceased deferred members

78

(1) This regulation applies for determining the annual amount of the pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was a deferred member of this Section of the Scheme who was not also an active member or a non-contributing member or a pensioner member.

(2) That amount is the appropriate fraction of the basic death pension.

(3) In this regulation “the basic death pension”—

(a) if the deceased died within 12 months after ceasing to be an active member or a non-contributing member , means the amount that would be the basic death pension for the purposes of regulation 76 if the deceased had died on the day of so ceasing (disregarding any additional pension), and

(b) otherwise, means the greater of—

(i) 75% of the pension to which the deceased would have been entitled if the deceased had become entitled to a pension under regulation 45 on the date of death (disregarding any additional pension), and

(ii) 75% of the pension to which the deceased would have been entitled if the deceased had become so entitled and the pension had been calculated on the assumption that the member was entitled to 10 years' pensionable service (disregarding any additional pension).

In the case of a 2008 Section Optant, this is subject to regulation 136X and in the case of a Waiting Period Joiner, this is subject to regulation 136ZC.

(4) In this regulation “the appropriate fraction” means—

(a) if there is a surviving parent of the dependent child or children or a surviving spouse or civil partner of a parent of the dependent child or children and a surviving adult's pension is payable—

(i) one-quarter if there is only one dependent child, and

(ii) one-half if there are two or more dependent children,

(b) otherwise—

(i) one-third if there is only one dependent child, and

(ii) two-thirds if there are two or more dependent children.

Amount of children's pension under regulation 74: recent leavers

79

(1) This regulation applies for determining the annual amount of the pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was a recent leaver (within the meaning of regulation 72(3).

(2) That amount is the appropriate fraction of the basic death pension.

(3) In this regulation—

(a) “the basic death pension” means 75% of the pension to which the deceased would have been entitled if the deceased had become entitled to—

(i) a pension under regulation 74(5) on the date of death, or

(ii) if greater, the amount that the member’s pension would have been if it had been based on 10 years' pensionable service (disregarding any additional pension), and

(b) “the appropriate fraction” means—

(i) if there is a surviving parent of the dependant child or children or a surviving spouse or civil partner of a parent of the dependant child or children and a surviving adult's pension is payable—

(aa) one-quarter if there is only one dependant child, and

(bb) one-half if there are two or more dependant children,

(ii) otherwise—

(aa) one-third if there is only one dependant child, and

(bb) two-thirds if there are two or more dependant children.

Power to increase pension in respect of children not maintained by surviving parent etc

80

(1) This regulation applies if—

(a) a member dies leaving a dependent child or children,

(b) there is a surviving parent of the dependent child or children or a surviving spouse or civil partner of a parent of the dependent child or children, and

(2) The Department may increase the amount of the pension that would otherwise be payable under this Chapter in respect of the dependant child or children.

(3) The increased amount may not exceed the amount that would have been payable under this Chapter if there had been no such surviving parent or spouse or partner of a parent.

Amount of children's pension under regulation 74: re-employed pensioners

81

(1) This regulation applies for determining the annual amount of a pension payable under regulation 74(1) (surviving children's pensions) if at the date of death the deceased was an active member or a non-contributing member who was also a pensioner member of this Section of the Scheme.

(2) If there is no surviving adult dependant, the rate of the pension in respect of the dependent child or children for the period of 6 months beginning with the deceased's death is equal to the sum of—

(a) in the case of—

(i) a deceased active member, the rate of the deceased’s pensionable pay at the date of death, or

(ii) a deceased non-contributing member, the rate of the deceased’s reckonable pay, and

(b) the rate of the pension being received by the deceased at the date of death (after taking account of any abatement under Chapter 8).

(3) Subject to paragraph (5), except where a pension is payable at the rate mentioned in paragraph (2), the pension in respect of the member's later service shall be paid as the appropriate fraction of 75% of the rate of pension described in—

(a) regulation 52(5) if the deceased has not reached the age of 65 on the date of death, or

(b) regulation 45 if the deceased has reached the age of 65 on the date of death.

(4) In this regulation “appropriate fraction” has the meaning given in regulation 76(5).

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