The Teachers’ Pensions Regulations 2010

Death grant: death of pensioner

87.—(1) This regulation applies to the following pensions—

(a) a phased retirement pension;

(b) a retirement pension;

(c) a total incapacity pension;

(d) an additional pension.

(2) But this regulation does not apply to the following pensions—

(a) a phased retirement pension which ceased to be payable under regulation 59 (cessation of phased retirement pension);

(b) an ill-health pension, or that part of such a pension, which ceased to be payable under regulation 68 (cessation and reinstatement of ill-health pension (application received before 6th January 2007)) or regulation 69 (cessation of ill-health pension (application received on or after 6th January 2007)).

(c) an additional pension which became payable with a pension mentioned in sub-paragraphs (a) and (b);

(d) a total incapacity pension which ceased to be payable under regulation 67 (cessation of total incapacity pension).

(3) A death grant may be paid on the death of a person (D) if—

(a) a pension to which this regulation applies had become payable before D’s death, and

(b) AR is greater than AP.

(4) For the purpose of paragraph (3) the following pensions do not become payable before a person’s death unless payment is initiated before the person’s death—

(a) an ill-health pension;

(b) an additional pension paid with an ill-health pension;

(c) a total incapacity pension.

(5) AR is 5 times the annual rate of the pension at the date of D’s death.

(6) AP is the amount payable to D since the pension became payable.

(7) For the purpose of calculating AR and AP, any amount by which a pension was reduced by regulation 63 (reduction of benefits: duplicate pensions) or 64 (abatement of retirement pension during further employment) is to be treated as being payable.

(8) The amount of the death grant is AR-AP.