Textual Amendments
5. A lump sum death benefit is payable if a person to whom this Schedule applies dies before reaching the age of 75.
6.—(1) A person to whom this Schedule applies (P) may nominate a person or persons to receive a lump sum death benefit.
(2) P may nominate—
(a)one or more individuals, or
(b)one incorporated or unincorporated body.
(3) If P nominates two or more individuals, P may indicate in the nomination how P wishes the payments to be apportioned between them.
(4) A nomination may only be made by notice in writing to the administrator of this scheme in such form as the scheme manager requires or is willing to accept.
(5) P may revoke or alter a nomination by a further notice in writing to the administrator of this scheme in such form as the scheme manager requires or is willing to accept.
7.—(1) The nomination of an individual by a person to whom this Schedule applies (P) is invalid if—
(a)the individual nominated is P’s spouse or civil partner and the individual is not P’s spouse or civil partner when P dies;
(b)the individual predeceases P; or
(c)the individual is convicted of the offence of murder or manslaughter of P.
(2) The scheme manager may determine that the nomination of an individual is invalid if the individual is convicted of any offence (apart from those mentioned in sub-paragraph (1)(c)) of which the unlawful killing of P is an element.
8.—(1) The scheme manager may pay the lump sum death benefit payable in respect of a person to whom this Schedule applies (P) to—
(a)the person or persons nominated by P under paragraph 6 (“the nominees”);
(b)P’s personal representatives; or
(c)both the nominees and P’s personal representatives.
(2) If the scheme manager decides to pay all or part of the lump sum death benefit to the nominees and more than one individual has been nominated, the payment is to be made to them in such proportions as the scheme manager considers appropriate.
(3) If the scheme manager decides to pay the lump sum death benefit to the nominees and to P’s personal representatives, the payment is to be made to them in such proportions as the scheme manager considers appropriate.
9.—(1) Subject to sub-paragraphs (2) to (6), the amount of the lump sum death benefit payable in respect of a person to whom this Schedule applies (P) is equal to the amount of P’s final pensionable earnings multiplied by 3.
(2) If, in respect of P, a lump sum is payable under rule E.16 of the 2002 Section (amount of lump sum benefit under rule E.14: deferred members), the amount specified in sub-paragraph (1) is only payable if and to the extent that it exceeds the aggregate amount of any lump sum payments made in respect of P under rule E.16 of the 2002 Section.
(3) If, in respect of P, a lump sum is payable under rule 3.16 of the 1972 Section (preserved benefits), the amount specified in sub-paragraph (1) is only payable if and to the extent that it exceeds the aggregate amount of any lump sum payments made in respect of P under rule 3.16 of the 1972 Section.
(4) If, in respect of P, a lump sum is payable under rule F.13 of the 2007 Section (amount of lump sum benefit under rule F.11: deferred members and pensioner members) as it applies to a deceased deferred member of Section III (within the meaning of that Section), the amount specified in sub-paragraph (1) is only payable if and to the extent that it exceeds the aggregate amount of any lump sum payments made in respect of P under rule F.13 of the 2007 Section.
(5) If, in respect of P, a lump sum is payable under regulation 131 (amount payable on death of deferred member or pensioner member of alpha (death out of service)) as it applies to a deceased deferred member of alpha (within the meaning of that scheme), the amount specified in sub-paragraph (1) is only payable if and to the extent that it exceeds the aggregate amount of any lump sum payments made in respect of P under regulation 131.
(6) If, in respect of P, lump sums are payable under two or more of the provisions of the PCSPS or alpha referred to in sub-paragraphs (2) to (5), the amount specified in sub-paragraph (1) is only payable if and to the extent that it exceeds the aggregate amount of the lump sums that are payable.]