140.—(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
[F2(2A) 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.
Textual Amendments
F1Words in reg. 140(1) substituted (retrospective to 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2018 (S.I. 2018/218), regs. 1(2)(b), 3(4)
F2Reg. 140(2A) inserted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 18