The Local Government Pension Scheme (Miscellaneous) Regulations 2010

Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007

29.  In regulation 35 (death grants: pensioner members)(1)—

(a) for paragraph (3), substitute—

“(3) (a) The death grant is the member’s pension in payment multiplied by 10, ignoring any reduction where abatement has been applied under regulation 71 (application of abatement policy to individual cases) of the Administration Regulations; but

(b) the amount so calculated is reduced by the amounts of any retirement pension paid to the member, or that would have been paid had the member’s pension not at any time been abated under regulation 71.”; and

(b) after paragraph (3), add—

“(4) If the administering authority have not made payments under paragraph (1) equalling in aggregate the member’s death grant before the expiry of two years—

(a) beginning with the member’s death, or

(b) beginning with the date on which the administering authority could reasonably be expected to have become aware of the member’s death,

they must pay an amount equal to the shortfall to the member’s personal representatives.”.

(1)

Regulation 35 was amended by S.I. 2008/1083.