154.—(1) A lump sum death grant is payable in respect of—
(a)an active member of this scheme who dies; or
(b)a pension credit member of this scheme who dies before any benefits attributable (directly or indirectly) to a pension credit become payable.
(2) A lump sum death grant is payable whether or not a surviving adult's pension or death gratuity is payable in respect of the member.
(3) A lump sum death grant is not payable in respect of a member who dies after reaching 75 (see regulation 157 for payment of a pension instead of a lump sum who have reached 75).
155.—(1) The scheme manager must pay a lump sum death grant to any surviving spouse or surviving civil partner of the member, unless immediately before the member's death—
(a)the member and the spouse or civil partner were separated by an order or decree of a competent court; and
(b)the member was not required by the order to contribute, and was not in fact regularly contributing—
(i)to the support of the spouse or civil partner; or
(ii)to the support of a child of the spouse or civil partner.
(2) If a lump sum death grant is not paid under paragraph (1), the scheme manager may in its discretion pay a lump sum death grant to any surviving adult partner of the member, if the surviving adult partner—
(a)claims payment of a surviving adult's pension; and
(b)satisfies the scheme manager that at the time of the member's death—
(i)the circumstances [F1in paragraph (1)(a)(i)to (iii) of] regulation 134 (meaning of surviving adult partner) continued to subsist; and
(ii)the member and the surviving adult partner had cohabited for at least 2 years.
(3) The scheme manager may in its discretion accept a shorter period of cohabitation if satisfied in the particular circumstances of the case that the member and P would have cohabited as partners for at least 2 years had the member not died.
(4) [F2Subject to paragraph (5A),] if a lump sum death grant is not paid under paragraph (1) or (2), the scheme manager may in its discretion pay a lump sum death grant to a person nominated under regulation 151 (nominations for lump sum death grants) if the nomination has effect at the date of the member's death.
(5) [F3Subject to paragraph (5A),] if a lump sum death grant is not paid under paragraph (1), (2) or (4), the scheme manager may in its discretion pay a lump sum death grant to the member's legal personal representative.
[F4(5A) Unless paragraph (5B) applies, the scheme manager must pay a grant to a person of the description in paragraph (2) if a grant was paid to a different person under paragraph (4) or (5) before this paragraph came into operation.
(5B) This paragraph applies where the scheme manager is of the opinion that the person of the description in paragraph (2) has benefited from all the grant paid under paragraph (4) and (5).
(5C) The amount of a grant payable under paragraph (5A) is an amount up to the amount calculated under regulation 160, but the scheme manager may pay such lower amount as it considers appropriate in all the circumstances, if it is of the opinion that the person has benefited from some of the grant paid under paragraph (4) or (5).]
Textual Amendments
F1Words in reg. 155(2)(b)(i) substituted (retrospective and with effect in accordance with reg. 1(2)(b) of the amending Rule) by The Police Pension Schemes (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/54), regs. 1(2)(b), 7(1)
F2Words in reg. 155(4) inserted (retrospective and with effect in accordance with reg. 1(2)(b) of the amending Rule) by The Police Pension Schemes (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/54), regs. 1(2)(b), 7(2)
F3Words in reg. 155(5) inserted (retrospective and with effect in accordance with reg. 1(2)(b) of the amending Rule) by The Police Pension Schemes (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/54), regs. 1(2)(b), 7(2)
F4Reg. 155(5A)-(5C) inserted (retrospective and with effect in accordance with reg. 1(2)(b) of the amending Rule) by The Police Pension Schemes (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/54), regs. 1(2)(b), 7(3)
156.—(1) A lump sum death grant is treated for the purposes of the 2004 Act as a pension protection lump sum death benefit if and to the extent that—
(a)the member has given written notice to the scheme manager that the lump sum death grant is to be so treated; and
(b)the lump sum death grant meets all the conditions required by the 2004 Act for it to be treated as a pension protection lump sum death benefit t (see paragraph 14 of Part 2 ( lump sum death benefit rule) of Schedule 29 to the 2004 Act) M1.
(2) The scheme manager may deduct tax from the lump sum death grant if the scheme manager is liable for tax under section 206 M2 (special lump sum death benefits charge) of the 2004 Act in respect of a pension protection lump sum death benefit.
Marginal Citations
M1Paragraph 14 was amended by the Finance Act 2011(c.11) Schedule 16 paragraphs 32 and 34.
M2Section 206 was amended by the Finance Act 2011 (c.11) Schedule 16 paragraph 41 and the Finance Act 2013 (c.29) Schedule 46 paragraphs 119 and 123
157.—(1) This regulation applies if an active member dies after reaching 75.
(2) The scheme manager must pay a pension under this regulation to any surviving spouse or surviving civil partner of the member.
(3) If there is no surviving spouse or surviving civil partner, the scheme manager must pay a pension to —
(a)a surviving adult partner of the member; or
(b)a person nominated by the member under regulation 151; or
(c)the member's legal personal representative.
(4) The restrictions in regulation 154 (payment of lump sum death grant: general) relating to payment of a lump sum death grant also apply to payment of a pension under this regulation.
(5) A pension payable under this regulation is payable in respect of each month as from the date of the member's death for the 5 year period beginning with the date of death.
(6) The amount of each payment must be equal to the sum of—
(a)the amount of pension that would have been payable to the member had the member—
(i)became entitled to payment of the pension on the due date of death; and
(ii)lived until the end of the 5 year period beginning with the date of death; and
(b)any increases in the annual rate of that pension under the 1971 Act during the 5 year period.