PART 6 N.I.Death benefits

CHAPTER 4N.I.Lump sum death benefits

Meaning of “final pay”N.I.

101.—(1) In this Chapter, “final pay” means the greater of the following amounts—

(a)the amount of the member's pensionable pay during the member's continuous period of pensionable service in the period of 365 days ending with the last day of pensionable service; and

(b)the amount of the member's pensionable pay during the member's continuous period of pensionable service in the period of three years ending with the last day of pensionable service, divided by three.

(2) If the member's continuous period of pensionable service was less than 365 days, the amount in paragraph (1)(a) is an amount equal to the member's annualised final pay;

(3) For the purpose of determining which of the amounts mentioned in paragraph (1) is the greater—

(a)if the member's continuous period of pensionable service was less than three years the amount in paragraph (1)(b) is the total pensionable pay received for that service divided by the number of years in pensionable service calculated in accordance with regulation 184 (calculation of periods of membership and service); and

(b)if a member is treated as receiving assumed pensionable pay for any period included in paragraph (1)(a) or (1)(b), pensionable pay in this regulation includes that assumed pensionable pay.

(4) But if the continuous period of pensionable service includes the day 29th February, paragraphs (1)(a) and (2) have effect with the substitution for “365” of “366”.

[F1(5) Where the member referred to in paragraph (1) is a transition member and was in pensionable service under the FPS or the NFPS, as the case may be, during the period referred to in paragraph (1)(a) or (1)(b) and service from that scheme is included in the qualifying service for the pension account in respect of which the lump sum death benefit is paid—

(a)pensionable pay in paragraph (1)(a) or (1)(b) includes average pensionable pay construed in accordance with article 56 of the FPS where the person was a member of the FPS or pensionable pay under article 61 or article 62 of Part 11 of the NFPS where the person was a firefighter or special firefighter member of the NFPS, and

(b)pensionable service includes pensionable service construed in accordance with article 45 of the FPS, where the person was a member of the FPS or pensionable service construed in accordance with articles 56 to 59 of Part 10 of the NFPS.]

Textual Amendments