Death grants: active members
38.—(1) If an active member dies before attaining the age of 75, an administering authority shall pay a death grant.
(2) The appropriate administering authority may, at its absolute discretion, pay the death grant to or for the benefit of the member’s nominee, personal representatives or any person appearing to the authority to have been a relative or dependent of the member.
(3) The death grant is the highest of the amount of three times the member’s annual assumed pensionable pay calculated in accordance with regulation 21(4) as at the date of the member’s death, the amount of the death grant payable under regulation 41, or the amount of the death grant payable under regulation 44.
(4) If the administering authority has not made payments under paragraph (1) equalling in aggregate the member’s death grant before the expiry of two years beginning with the date of the member’s death or, where the administering authority did not know about the member’s death within that period, beginning with the date on which the administering authority could reasonably be expected to have become aware of the member’s death, they must pay an amount equal to the shortfall to the member’s personal representatives.