163. This Chapter applies in relation to the sum of all benefits paid or payable in respect of the member's continuous period of pensionable service under this scheme (“the period of service”).
164.—(1) This regulation applies in relation to a pensioner member or deferred member of this scheme who dies if—
(a)the death results from an injury received in the execution of duty; or
(b)the member dies within 2 years of becoming entitled to the member's retirement pension.
(2) The scheme manager may in its discretion grant a gratuity to any person who at the date of the member's death was in the opinion of the scheme manager—
(a)wholly or partly financially dependent on the member; or
(b)wholly or partly dependent on the member because of physical or mental impairment.
(3) The total amount of any gratuities granted under this regulation must not exceed the sum of all member contributions and payments for added pension made by the member under this scheme.
165.—(1) This regulation applies in relation to a pensioner member, deferred member or active member of this scheme who dies.
(2) If the sum of the amounts in paragraph (3) is less than the sum of all member contributions and payments for added pension made by the member under this scheme, the scheme manager must pay to the member's legal personal representative a gratuity equal to the difference.
(3) The amounts are—
(a)any amount of pension or lump sum paid to the member in relation to the period of service, together with any increase under the 1971 Act;
(b)the capitalised value (determined by the scheme manager, having regard to actuarial tables) of any surviving adult's pension or eligible child's pension granted in respect of the member's death;
(c)if the member is also a pension credit member, the actuarial value of any pension credit; and
(d)any gratuity granted under regulation 164 (dependants) in respect of the member's death.
(4) A claim for payment of a gratuity under this regulation is taken to be made on the date of the member's death.