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.