The Teachers' Pension Scheme Regulations 2014 No. 512

PART 7 E+W Benefits for pension credit members

CHAPTER 3 E+W Death grant

Meaning of death grant beneficiary E+W

157.—(1) A person (P) is a “death grant beneficiary” of a pension credit member if—

(a) the member has nominated P to receive a death grant or a share of a death grant on the member's death; and

(b) at the date of the member's death, the nomination has effect.

(2) A member may nominate P by giving written notice to the scheme manager.

(3) The nomination ceases to have effect if—

(a) the member revokes the nomination by giving written notice to the scheme manager,

(b) the member subsequently nominates a different person in place of P, or

(c) P dies.

(4) If a member nominates more than one death grant beneficiary, the notice must state—

(a) the share of the death grant to be paid to each beneficiary; and

(b) whether, if a beneficiary dies before the member, the beneficiary's share must be paid—

(i) to the surviving beneficiaries in accordance with paragraph (5), or

(ii) to the member's personal representatives as part of the member's estate.

(5) If a beneficiary's share is to be paid to the surviving beneficiaries it is to be paid to them in shares such that the proportion which each surviving beneficiary's share bears to each of the other surviving beneficiaries' shares is the same as it was in the nomination.

(6) A death grant beneficiary must be an individual.

Death grant: death of pension credit member before pension becomes payable E+W

158.—(1) A death grant [F1 may be paid] under this regulation on the death of a pension credit member (D) who dies before a pension credit retirement pension becomes payable to D under regulation 155.

(2) The amount of the death grant is found by—

(a) taking the amount of credited pension which would have become payable to D at the date of D's death if D had reached normal pension age; and

(b) multiplying that amount by 2.25.

Textual Amendments

F1 Words in reg. 158(1) substituted (retrospective to 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2018 (S.I. 2018/218), regs. 1(2)(b), 3(6)

Death grant: death of pension credit member after benefits payable E+W

159.—(1) A death grant [F2 may be paid] under this regulation on the death of a pension credit member (D) if—

(a) a pension credit retirement pension became payable before D's death, and

(b) AR is greater than AP.

(2) The amount of the death grant is AR-AP.

(3) In this regulation—

• “AR” is 5 times the annual rate of the pension credit retirement pension payable as at the date of D's death;

• “AP” is the total amount of that pension payable up until D's death.

Textual Amendments

F2 Words in reg. 159(1) substituted (retrospective to 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2018 (S.I. 2018/218), regs. 1(2)(b), 3(7)

Payment of death grant E+W

160.— [F3 (1)]  On the death of a pension credit member, [F4 where a death grant is to be paid, the payment must be made]—

(a) to the death grant beneficiary;

(b) if there is more than one death grant beneficiary, to those beneficiaries in the shares determined in accordance with regulation 157(4) and (5); or

(c) if there is no death grant beneficiary—

(i) to the member's surviving spouse [F5 , surviving civil partner or surviving qualifying partner]; or,

(ii) if there is no such person, to the member's personal representatives as part of the member's estate.

[F6 (2) In paragraph (1)(c)(i) “surviving qualifying partner” has the meaning given by regulation 135.]

Textual Amendments

F3 Reg. 160 renumbered as reg. 160(1) (with effect from 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), reg. 1(1)(4), 27(a)

F4 Words in reg. 160 substituted (retrospective to 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2018 (S.I. 2018/218), regs. 1(2)(b), 3(8)

F5 Words in reg. 160(1)(c)(i) substituted (with effect from 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), reg. 1(1)(4), 27(b)

F6 Reg. 160(2) inserted (with effect from 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), reg. 1(1)(4), 27(c)