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139.—(1) A death grant [F1may be paid] under this regulation if a member (D) dies in service (“death in service grant”).
(2) A death in service grant is not payable if—
(a)D dies while in pensionable service that is not post-benefit service and a retirement pension other than a phased retirement pension becomes payable before D's death; or
(b)D dies while in a period of post-benefit service and a retirement pension in respect of that period becomes payable before D's death.
[F2(2A) For the purposes of paragraph (2), an ill-health pension and, if applicable, a total incapacity pension are taken to become payable if—
(a)before D’s death D made an ill-health application;
(b)at the same time as D made the ill-health application, D made an application under regulation 171 (commutation of whole pension (serious ill-health)) for commutation of the ill-health pension and, if applicable, a total incapacity pension; and
(c)following consideration of the applications mentioned in sub-paragraphs (a) and (b), the Secretary of State determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted.]
(3) If D dies while in pensionable service that is not post-benefit service, the amount of the death in service grant is found by—
(a)multiplying D's annual rate of pensionable earnings as at the date of D's death by 3; and
(b)deducting the following amounts previously paid to D in respect of pensionable service under this scheme—
(i)any part of a lump sum under regulation 168 not attributable to additional pension;
(ii)any short-service serious ill-health grant.
(4) If D dies while in a period of post-benefit service, the amount of the death in service grant is found by—
(a)multiplying D's annual rate of pensionable earnings as at the date of D's death by 3; and
(b)deducting the following amounts previously payable to D under this scheme in respect of both the period of post-benefit service and any previous period of pensionable service—
(i)any part of a lump sum under regulation 168 not attributable to additional pension;
(ii)any short-service serious ill-health grant.
Textual Amendments
F1Words in reg. 139(1) substituted (retrospective to 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2018 (S.I. 2018/218), regs. 1(2)(b), 3(3)
F2Reg. 139(2A) inserted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 17