The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010

Amendment of Schedule 2 (modifications for reserve forces)

10.  Schedule 2 is amended as follows—

(a) in paragraph 1 omit the definition of the “Reserve Forces Pension Scheme”;

(b) for paragraph 2A substitute—

“For article 27 there is substituted the following—

“27.— (1) This article applies where death is caused (wholly or partly) by service in the reserve forces.

(2) Subject to the following provisions of this article the bereavement grant payable in respect of the death of a person who was a member of the reserve forces on the day of death is £25,000.

(3) Subject to paragraph (4), where the person was not a member of a reserve forces pension scheme the amount of the bereavement grant is £37,500.

(4) Where the person was an active member of the RFPS 2005 the amount of the bereavement grant is the difference between the salary of the member of the reserve forces on the day of death and the amount specified in paragraph (2).

(5) Where a former member of the reserve forces dies, the bereavement grant is £37,500.

(6) In the event that there is more than one surviving spouse entitled to the bereavement grant, the amount to which each such surviving spouse is entitled shall be the amount payable, in accordance with the provisions of this article, divided by the number of spouses so entitled at the date of death of the member or former member of the reserve forces.

(7) In this article—

(a) “active member” in relation to a reserve forces pension scheme has the meaning given in section 124(1) of the Pensions Act 1995(1);

(b) “reserve forces pension scheme” means the FTRSPS 2010, the NPRSPS or the RFPS 2005.”.”;

(c) in paragraph 3—

(i) for the words “Reserve Forces Pension Scheme”, where they appear in paragraph (1)(c) of the substituted article 31, substitute “the FTRSPS 2010, the NRPSPS or the RFPS 2005”;

(ii) after the words “gross amount”, where they appear in paragraph (4)(a) of the substituted article 31, insert “, irrespective of any commutation,”;

(iii) omit paragraphs (4)(b) and (c) of the substituted article 31.

(1)

1995 c. 26.