The National Health Service Superannuation Scheme (Scotland) Regulations 1995

PART F LUMP SUM ON DEATH

Lump sum when member dies in pensionable employment

F1.—(1) If a member dies in pensionable employment before reaching age 70, a lump sum shall be payable in accordance with regulation F5 (payment of lump sum).

(2) Subject to regulation S4 (benefits on death in pensionable employment after pension becomes payable), the lump sum on death will be equal to twice the member’s final year’s pensionable pay.

Lump sum when member dies after pension becomes payable

F2.—(1) If a member dies after a pension under the scheme becomes payable, a lump sum shall be payable in accordance with regulation F5 (payment of lump sum).

(2) Subject to regulation S4 the lump sum will be equal to 5 times the yearly rate of the member’s pension (less the amount of pension already paid) provided that the maximum payment under this paragraph shall not exceed an amount equal to twice the member’s final year’s pensionable pay less an amount equal to the member’s retirement lump sum paid under regulation E7 (lump sum on retirement).

Lump sum where member dies with preserved pension

F3.—(1) If a member leaves pensionable employment with a preserved pension under regulation E6 (preserved pension) and dies before becoming entitled to receive a pension under the scheme, a lump sum will be paid in accordance with regulation F5.

(2) The lump sum will be equal to 3 times the yearly rate of the member’s preserved pension calculated as if he had become entitled to it immediately before his death.

Lump sum when member dies within 12 months after leaving pensionable employment without immediate or preserved pension

F4.—(1) This regulation applies if a member leaves pensionable employment without becoming entitled to a pension under any of regulations E1 to E6 and dies within 12 months after leaving.

(2) If the member dies before receiving a refund of contributions under regulation E9 (refund of contributions) or before a transfer payment is made under regulation M5 (early leaver without preserved pension), a lump sum shall be payable in accordance with regulation F5.

(3) The lump sum on death will be calculated as described in regulation F3 (member dies with preserved pension) as if, on leaving pensionable employment, the member had become entitled to a preserved pension calculated as described in regulation E6 and as if he had become entitled to receive that pension immediately before his death.

Payment of lump sum

F5.—(1) If the member dies and leaves a surviving widow or widower, the lump sum on death shall be payable to the widow or widower, unless the member has given notice to the Secretary of State in accordance with paragraph (2) of this regulation that the widow or widower shall be excluded from entitlement under this regulation.

(2) Notice to the Secretary of State under paragraph (1) must be given in writing and any cancellation of the notice must be in writing.

(3) If the lump sum on death is not paid to the member’s widow or widower, or if there is no surviving widow or widower, the lump sum shall be payable to the member’s personal representatives.

(4) If the lump sum on death does not exceed the specified amount as defined in paragraph (5), the Secretary of State may pay it to any person or persons claiming to be the member’s personal representatives or to be entitled to a share of the lump sum, without requiring proof of the title of the person or persons concerned.

(5) In paragraph (4), the “specified amount” means £5,000 or any higher amount as may be specified in an order made under section 6(1) of the Administration of Estates (Small Payments) Act 1965(1) as the amount to be treated as substituted for references to £500 in section 1 of that Act.

(1)

1965 c. 32; the amount specified in S.I. 1984/539 is £5,000.