PART 6Survivor's benefits

CHAPTER 3Death grant

SECTION 2Death in service

Death in service grant139

1

A death grant F1may be paid under this regulation if a member (D) dies in service (“death in service grant”).

2

A death in service grant is not payable if—

a

D dies while in pensionable service that is not post-benefit service and a retirement pension other than a phased retirement pension becomes payable before D's death; or

b

D dies while in a period of post-benefit service and a retirement pension in respect of that period becomes payable before D's death.

F22A

For the purposes of paragraph (2), an ill-health pension and, if applicable, a total incapacity pension are taken to become payable if—

a

before D’s death D made an ill-health application;

b

at the same time as D made the ill-health application, D made an application under regulation 171 (commutation of whole pension (serious ill-health)) for commutation of the ill-health pension and, if applicable, a total incapacity pension; and

c

following consideration of the applications mentioned in sub-paragraphs (a) and (b), the Secretary of State determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted.

3

If D dies while in pensionable service that is not post-benefit service, the amount of the death in service grant is found by—

a

multiplying D's annual rate of pensionable earnings as at the date of D's death by 3; and

b

deducting the following amounts previously paid to D in respect of pensionable service under this scheme—

i

any part of a lump sum under regulation 168 not attributable to additional pension;

ii

any short-service serious ill-health grant.

4

If D dies while in a period of post-benefit service, the amount of the death in service grant is found by—

a

multiplying D's annual rate of pensionable earnings as at the date of D's death by 3; and

b

deducting the following amounts previously payable to D under this scheme in respect of both the period of post-benefit service and any previous period of pensionable service—

i

any part of a lump sum under regulation 168 not attributable to additional pension;

ii

any short-service serious ill-health grant.