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PART FE+W+SLump sum on death

Member dies in pensionable employmentE+W+S

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

[F1(1A) A lump sum on death shall be payable in accordance with regulation F5 where, on the day they died, the member is—

(a)under the age of 70;

(b)in NHS employment;

(c)no longer required to pay contributions pursuant to regulation D1(3) or (4) (contributions by members); and

(d)except where regulations E2(11) or R4(6) apply, not in receipt of a pension under any of regulations E1 to E5.]

(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.

Textual Amendments

Member dies after pension becomes payableE+W+S

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

(2) Subject to regulation S4, the lump sum on death 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 E6 (lump sum on retirement).

[F2(3) A person who retires from pensionable employment on, or after, 6th April 2006 may give notice to the scheme administrator in accordance with paragraph [F3(4)] that any lump sum payable under this regulation is to be treated as a pension protection lump sum death benefit in accordance with paragraph 14 of Part 2 of Schedule 29 to the 2004 Act.

(4) Such a notice—

(a)shall be given in writing; and

(b)may be revoked in writing at any time.

(5) A lump sum paid under this regulation in respect of a member who became entitled to a pension under regulations E1 to E5 or L1 before 6th April 2006, shall be treated as a pension protection lump sum death benefit but regulation T2A (11) shall not apply.]

Textual Amendments

Member dies with preserved pensionE+W+S

F3.—(1) If a member leaves pensionable employment with a preserved pension under regulation L1 and dies before his pension under the scheme becomes payable, a lump sum on death shall be payable 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 described in regulation L1.

Member dies within 12 months after leaving pensionable employment without pension or preserved pensionE+W+S

F4.—(1) This regulation applies if a member leaves pensionable employment without becoming entitled to a pension under any of regulations E1 to E5 or a preserved pension under regulation L1 and dies within 12 months after leaving.

(2) If the member dies before receiving a refund of contributions under regulation L2 or before a transfer payment is made under regulation M5 (early leaver without pension or preserved pension), a lump sum on death 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 L1.

Payment of lump sumE+W+S

F5.—[F4(1) A lump sum under any of regulations F1 to F4 shall be paid in accordance with the following paragraphs.

(2) Unless paragraph (3) or (3A) below applies, the lump sum shall be paid to the member’s personal representative.

(3) Where the member dies and leaves a [F5widow, widower or surviving civil partner], the lump sum may be paid to the [F5widow, widower or surviving civil partner], unless–

(a)the member has given notice [F6in writing] to the Secretary of State F7... that the [F5widow, widower or surviving civil partner] is not to receive the payment, and has not revoked that notice; or

(b)paragraph (3A) below applies.

(3A) Where the member has given notice [F8in writing] to the Secretary of State F9... that the lump sum is to be paid to a person specified in the notice, and has not revoked that notice, the lump sum may be paid to that person unless–

(a)that person has died before the payment can be made; or

[F10(aa)that person has been convicted of an offence specified in regulation T6(1A) and the Secretary of State has directed, as a consequence of that conviction, that that person’s right to a payment in respect of the member’s death shall be forfeited; or]

(b)payment to that person is not, in the opinion of the Secretary of State, reasonably practicable.

[F11(3B) Notice given to the Secretary of State for the purpose of paragraph (3) or (3A) may, at any time, be revoked in writing.]

(3C) A notice given for the purpose of paragraph (3A) above shall [F12only be given by a member who is in pensionable service under the scheme and shall] specify one person, who may be–

(a)an individual;

(b)a body corporate; or

(c)an unincorporated body.]

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

(5) In paragraph (4), the “specified amount" means £5,000 or any higher amount specified in an order made under section 6(1) of the Administration of Estates (Small Payments) Act 1965 as the amount to be treated as substituted for references to £500 in section 1 of that Act M1.

Textual Amendments

Marginal Citations