The National Health Service Pension Scheme (Scotland) Regulations 2015

CHAPTER 1 Adult survivor

Lump sum on death

111.  A lump sum is payable in accordance with Schedule 12 in respect of the death of—

(a) an active member;

(b) a deferred member;

(c) a pensioner member;

(d) a recent leaver (within the meaning of that Schedule);

(e) a re-employed pensioner (within the meaning of that Schedule);

(f) a partial retirement pensioner (within the meaning of that Schedule); or

(g) a pension credit member.

Surviving adult dependant pension

112.—(1) If an active member, a deferred member or a pensioner member dies leaving a surviving adult dependant, the surviving adult dependant is entitled to a pension payable for life.

(2) In this Part, “surviving adult dependant” means, in relation to a deceased member of former member—

(a) the surviving spouse;

(b) the surviving civil partner; or

(c) a surviving nominated partner.

(3) For the rate at which the pension is payable, see regulations 114 to 118.

Surviving nominated partner

113.—(1) A person is a surviving nominated partner in relation to a member if—

(a) the person and the member jointly made and signed a declaration in such form as the scheme manager requires that remains effective at the member’s death; and

(b) the person satisfies the scheme manager that for a continuous period of 2 years ending with the member’s death—

(i) the person and the member were living together in an exclusive relationship as if they were spouses or civil partners,

(ii) the person and the member were not prevented from marrying or forming a civil partnership, and

(iii) the person was financially dependent on the member or the person and the member were financially interdependent.

(2) A declaration for the purposes of paragraph (1)(a) ceases to have effect if—

(a) it is revoked by the member or other person by a signed notice in writing to the scheme manager in such form as the scheme manager requires or is willing to accept;

(b) the member makes a further declaration for the purposes of that paragraph; or

(c) the person or the member marries or forms a civil partnership.

Amount of pension: survivor of active member

114.—(1) This regulation applies in relation to the surviving adult dependant of an active member.

(2) Paragraph (4) applies in respect of a pension payable during the initial period if the amount found under that paragraph is greater than the amount payable if this paragraph did not apply;

(3) In any other case, the rate of pension is determined by whichever of paragraphs (5), (6) and (8) applies to the member.

(4) The rate of pension payable under regulation 112 is equal to—

(a) if the member was in non-practitioner employment, the rate of the member’s pensionable earnings at the time of death;

(b) if the member was a practitioner or non-GP provider, the rate of the member’s pensionable earnings during the last complete quarter before the member’s death,

plus, in either case, if the member had made an additional pension election under regulation 54(3)(b) (self and survivor), 37.5% of the amount of the additional pension to which the member was entitled at the date of death.

(5) If the member dies with not less than 2 years of qualifying service, the annual amount of pension payable under regulation 112 is equal to—

(a) if the member has not reached the prospective normal pension age, 33.75% of the notional Upper Tier IHP;

(b) if the member has reached the prospective normal pension age, 33.75% of the notional age retirement pension.

(6) If the member dies with less than 2 years of qualifying service having reached the prospective normal pension age, the annual amount of pension payable under regulation 112 is equal to 33.75% of the notional age retirement pension.

(7) This paragraph applies if—

(a) the member dies with less than 2 years’ qualifying service before reaching the prospective normal pension age; and

(b) the surviving adult dependant has a guaranteed minimum pension under section 17 of the 1993 Act in relation to benefits in respect of the deceased member under this scheme.

(8) If paragraph (7) applies—

(a) the annual amount of the pension payable under regulation 112 is equal to the guaranteed minimum pension; but

(b) sub-paragraph (a) does not apply if the scheme manager’s liability to provide a guaranteed minimum pension in respect of the surviving adult dependant is discharged by the payment of a contributions equivalent premium under section 55(2) of the 1993 Act.

(9) In this regulation—

“the initial period” is the period of six months starting on the day after the member’s death;

“the notional Upper Tier IHP” is the amount of pension the member would have received if, at the date of death, the member had become entitled to a pension under regulation 89(1)(b);

(a)

disregarding the amount of any additional pension taken into account for the purposes of regulation 91(1)(c); and

(b)

if the member had made an additional pension election under regulation 54(3)(b) (self and survivor), adding 37.5% of that amount;

“the notional age retirement pension” is the amount of pension the member would have received if, at the date of death, the member had become entitled to a pension under regulation 72 (ignoring any increase under regulation 74);

(c)

disregarding the amount of any additional pension taken into account for the purposes of paragraph 1(d) of Schedule 11; and

(d)

if the member had made an additional pension election under regulation 54(3)(b) (self and survivor), adding 37.5% of that amount;

“non-practitioner employment” is employment other than as a practitioner or a non-GP provider.

Amount of pension: survivor of pensioner member

115.—(1) This regulation applies in relation to the surviving adult dependant of a pensioner member.

(2) Paragraph (3) applies in respect of a pension payable during the initial period if the amount found under that paragraph is greater than the sum of—

(a) the amount payable if this paragraph did not apply; and

(b) the amount of the pensions otherwise payable under Chapter 2.

(3) The rate of pension payable under regulation 112 is equal to the rate of the member’s pension in payment at the time of death.

(4) If paragraph (3) does not apply, the rate of pension payable under regulation 112 is equal to the sum of—

(a) 33.75% of the pension to which the member was entitled at the date of death (disregarding any additional pension); and

(b) if the member had made an additional pension election under regulation 54(3)(b) (self and survivor), 37.5% of the amount of the additional pension to which the member was entitled at the date of death.

(5) In calculating the amount of a pension pursuant to paragraph (3), the following must be ignored—

(a) the conversion amount (see paragraph 10 of Schedule 7);

(b) any reduction in the rate of the member’s pension under regulation 102.

(6) In calculating the amount of a pension pursuant to paragraph (4), the following must be ignored—

(a) the conversion amount (see paragraph 10 of Schedule 7);

(b) any actuarial adjustment.

(7) The initial period is—

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

(b) in any other case, the period of three months starting with that day.

(8) For the purposes of paragraph (7), a child born after the member’s death is treated as having been born before it.

(9) Paragraph (10) applies if, pursuant to regulation 94(4), a member who was entitled to an ill health pension at Upper Tier ceases to be entitled to that pension and becomes entitled to an ill-health pension at Lower Tier and the member—

(a) is in further NHS employment and dies before the end of the initial period for the purposes of regulation 94; or

(b) is in further employment that is not NHS employment and dies before the end of a period of one year starting with the day on which the further employment ceased to be an excluded employment for the purposes of that regulation.

(10) The member’s pension referred to in paragraph (3) is the original ill-health pension at Upper Tier.

Amount of pension: deferred members

116.—(1) Paragraph (2) applies 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.

(2) The rate of the pension payable to the surviving adult dependant is equal to 33.75% of the member’s notional Upper Tier IHP.

(3) In the case of any other deferred member, the rate of pension payable is 33.75% of the amount of pension the member would have received if, at the date of death, the member had become entitled to a pension under regulation 72—

(a) disregarding the amount of any additional pension taken into account for the purposes of paragraph 1(d) of Schedule 11; and

(b) if the member had made an additional pension election under regulation 54(3)(b) (self and survivor), adding 37.5% of that amount.

(4) In paragraph (2), the notional Upper Tier IHP is the amount of pension the member would have received if, on the date the member’s pensionable service ceased, the member had become entitled to a pension under regulation 89(1)(b)—

(a) disregarding the amount of any additional pension taken into account for the purposes regulation 91(1)(c); and

(b) if the member had made an additional pension election under regulation 54(3)(b) (self and survivor), adding 37.5% of that amount.

(5) In this regulation, “the notional Upper Tier IHP” has the same meaning as in regulation 114(9).

Recent leavers

117.—(1) This regulation applies if—

(a) a recent leaver dies leaving a surviving spouse or civil partner who has a guaranteed minimum under section 17 of the 1993 Act in relation to benefits in respect of the recent leaver under this scheme; and

(b) the leaver has died before reaching the normal pension age.

(2) The surviving spouse or civil partner is entitled to a pension payable for life of an amount equal to the recent leaver’s guaranteed minimum pension (disregarding any additional pension).

(3) Paragraph (2) does not apply if the Scottish Ministers’ liability to provide a guaranteed minimum pension in respect of the surviving spouse or civil partner is discharged by the payment of a contributions equivalent premium under section 55(2) of the 1993 Act.

(4) 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 neither qualified for a retirement pension pursuant to regulation 71 nor is a pensioner member because of rights resulting from that employment; and

(c) in respect of whom no transfer value or refund of contributions has been paid in respect of that employment.

Re-employed pensioners: adult survivor pensions in initial period

118.—(1) This regulation applies if, apart from this regulation, both regulations 114(4) and 115(3) apply on the death of a member.

(2) If this regulation applies, the rate of pension payable by virtue of these Regulations during the initial period (as defined in the respective regulations) is the rate provided in paragraph (3).

(3) For the relevant initial period, the rate of pension payable is equal to the sum of amounts A and B.

(4) Amount A is, in the case of a deceased active member, the rate of the deceased’s pensionable earnings at the time of death.

(5) Amount B is the rate of the deceased member’s pension payable at the time of death after taking account of—

(a) the conversion amount (see paragraph 10 of Schedule 7);

(b) any reduction in the rate of the member’s pension under regulation 102.

(6) Paragraph (4) 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 Chapter 2,

would be greater.

Polygamous marriage

119.—(1) This regulation applies if—

(a) a member dies without leaving a surviving adult dependant;

(b) at the date of death, the member was married to one or more persons under a law which permits polygamy; and

(c) had the member left a surviving adult dependant, any benefit would have been payable to that dependant as such.

(2) The benefit mentioned in paragraph (1)(c) is payable—

(a) if there is only one such person mentioned in paragraph (1)(b), to that person;

(b) if there are two or more such persons, to those persons in equal shares.

(3) Such a person’s share of a pension does not increase on the death of any other such person.