The Armed Forces Pension Regulations 2014
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Change 1
70 Annual rate of adult dependants’ pensions payable on death of active member
(1) This regulation deals with the annual rate of pension payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) on the death of an active member, providing— (a) the member has at least 2 years’ qualifying service; or (b) a transfer value payment otherwise than from another occupational pension scheme has been accepted in relation to the member under Part 8 (Transfers). (2) The annual rate of the dependant’s earned pension is determined by— (a) (subject to paragraph (b)) taking an amount equal to 62.5% of the annual rate of the member’s retirement earned pension at the point of the member’s death as if they left with an ill-health pension under regulation 51 (entitlement to ill-health pension: active members with permanent serious ill-health), or (b) for active members serving beyond normal pension age, by taking an amount equal to 62.5% of the annual rate of the member’s retirement earned pension at the point of the member’s death, in each case under paragraph (a) and this paragraph (b) after— (i) subtracting the pension sharing order amount relating to that pension (if any) specified in the member’s pension account; and (ii) disregarding— (aa) the early payment reduction (if any) specified in that account in relation to that amount; (bb) the in service late payment supplement (if any) specified in that account in relation to that amount; and (cc) the late payment supplement (if any) specified in that account in relation to that amount. (3) Where a member was entitled to immediate payment of a retirement club transfer pension as at the date of death or would have become entitled to such a pension had the member not died, instead of the determination under paragraph (2)(a) and (b) a determination shall be made, after taking the actions specified in sub paragraphs (i) and (ii), by taking an amount equal to 62.5% of the aggregate of the annual rate of the member’s retirement earned pension and retirement club transfer pension. (4) The annual rate of the dependant’s added pension is determined by taking an amount equal to 62.5% of the annual rate of the member’s retirement added pension at the point of the member’s death after— (a) subtracting the pension sharing order amount relating to that pension (if any) specified in the member’s pension account; and (b) disregarding— (i) the early payment reduction (if any) specified in that account in relation to that amount; (ii) the in service late payment supplement (if any) specified in that account in relation to that amount; and (iii) the late payment supplement (if any) specified in that account in relation to that amount.
70 Annual rate of adult dependants’ pensions payable on death of active member
(1) This regulation deals with the annual rate of pension payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) on the death of an active member, providing— (a) the member has at least 2 years’ qualifying service; or (b) a transfer value payment otherwise than from another occupational pension scheme has been accepted in relation to the member under Part 8 (Transfers). (2) The annual rate of the dependant’s earned pension is determined by— (a) (subject to paragraph (b)) taking an amount equal to 62.5% of the annual rate of the member’s retirement earned pension at the point of the member’s death as if they left with an ill-health pension under regulation 51 (entitlement to ill-health pension: active members with permanent serious ill-health), or (b) for active members serving beyond normal pension age, by taking an amount equal to 62.5% of the annual rate of the member’s retirement earned pension at the point of the member’s death, in each case under paragraph (a) and this paragraph (b) after— (i) subtracting the pension sharing order amount relating to that pension (if any) specified in the member’s pension account; and (ii) disregarding— (aa) the early payment reduction (if any) specified in that account in relation to that amount; (bb) the in service late payment supplement (if any) specified in that account in relation to that amount; and (cc) the late payment supplement (if any) specified in that account in relation to that amount. (3) Where a member was entitled to immediate payment of a retirement club transfer pension as at the date of death or would have become entitled to such a pension had the member not died, instead of the determination under paragraph (2)(a) and (b) a determination shall be made, after taking the actions specified in sub paragraphs (i) and (ii), by taking an amount equal to 62.5% of the aggregate of the annual rate of the member’s retirement earned pension and retirement club transfer pension. (4) The annual rate of the dependant’s added pension is determined by taking an amount equal to 62.5% of the annual rate of the member’s retirement added pension at the point of the member’s death after— (a) subtracting the pension sharing order amount relating to that pension (if any) specified in the member’s pension account; and (b) disregarding— (i) the early payment reduction (if any) specified in that account in relation to that amount; (ii) the in service late payment supplement (if any) specified in that account in relation to that amount; and (iii) the late payment supplement (if any) specified in that account in relation to that amount.
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