PART 6Survivor's benefits
CHAPTER 3Death grant
SECTION 3Death out of service
Death out of service grant140
1
A death grant F1may be paid under this regulation if a member (D) dies out of service (“death out of service grant”).
2
A death out of service grant is not payable if—
a
D dies following a period of 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 following a period of post-benefit service and a retirement pension other than a phased 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 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
The amount of the death out of service grant for D—
a
if a surviving adult pension becomes payable on D's death, is found by—
i
taking the amount of D's accrued earned pension as at the date of D's death;
ii
multiplying that amount by 2.25; and
iii
deducting the amounts specified in paragraph (4);
b
if a surviving adult pension does not become payable on D's death, but D was qualified for retirement benefits, is the greater of—
i
the amount calculated under paragraph (3)(a); or
ii
the total of the amounts specified in paragraph (6).
4
The amounts to be deducted under paragraph 3(a) are—
a
if D dies following a period of pensionable service that is not post-benefit service—
i
any part of a lump sum under regulation 168 not attributable to additional pension; and
ii
any short-service serious ill-health grant;
b
if D dies following a period of post-benefit service, any part of a lump sum under regulation 168 in relation to the post-benefit service which is not attributable to additional pension.
5
If at the date of D's death D was not qualified for retirement benefits or a short-service serious ill-health grant had not become payable, the amount of the death out of service grant is the total of the amounts specified in paragraph (6).
6
The amounts are—
a
all members' contributions, additional pension contributions, buy-out contributions and faster accrual contributions paid up to the date of D's death, excluding—
i
any contributions paid in respect of a pension benefit which has become payable before the application for repayment; and
ii
any contributions paid in respect of any period of pensionable service for which a short-service serious ill-health grant has been paid;
b
interest on those contributions from the first day of the financial year following that in which they were paid to the date of payment at 3% per year, compounded with yearly rests.