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The Iron and Steel (Pensions) (Dependants) Regulations 1969

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Gratuities on Death

4.—(1) In this regulation:—

(a)deprived scheme beneficiary” means a person who, on the death of a person who immediately before his death either was in receipt of retirement compensation or would have been in receipt of such compensation had he then reached normal retiring age, would have been entitled to or eligible for the payment of a gratuity, or as the case may be, a larger gratuity, under the last relevant pension scheme but for the deceased person's having suffered a loss or diminution of pension rights, and “entitled deprived scheme beneficiary” and “eligible deprived scheme beneficiaryshall be interpreted accordingly;

(b)references to the date on which a loss or diminution of pension rights was occasioned shall be interpreted for the purposes of this regulation as they would be interpreted by virtue of regulation 16 of the principal regulations for the purposes of Part V of those regulations.

(2) Subject as is in these regulations provided, on such death as is mentioned in paragraph (1)(a) of this regulation the Corporation shall pay an entitled deprived scheme beneficiary and may pay an eligible deprived scheme beneficiary the gratuity which would have been payable under the last relevant pension scheme if the following circumstances had obtained, that is to say—

(a)where the deceased person had not been in receipt of retirement compensation, the circumstance that he had died immediately before the date on which the loss or diminution of pension rights giving rise to a right to retirement compensation was occasioned, and where he had been in receipt of retirement compensation, the circumstance that he had retired on that date; and

(b)except where he was in receipt of retirement compensation under regulation 20 of the principal regulations, the circumstance that he had served on that date for the further period, if any, equivalent to the aggregate of additional years appropriate to his case provided for in regulation 23(1) of the principal regulations not however exceeding—

(i)in the case of a deceased person who had been in receipt of retirement compensation under regulation 19 of the principal regulations the equivalent of the period which elapsed between the date on which the loss or diminution of pension rights was occasioned and the date on which he made a claim under the said regulation 19,

(ii)in the case of any other deceased person, the equivalent of the period which elapsed between the date on which the loss or diminution of pension rights was occasioned and the date of his death; and

(c)where the payment of a gratuity under the last relevant pension scheme is dependent on the period which has elapsed from retirement to death, that period had been the equivalent of the period which has elapsed from the first accrual of retirement compensation to the death of the deceased person in question; and

(d)in the case of a deceased person to whom retirement compensation was or would have been payable by reason of a diminution of pension rights having been occasioned by a diminution of emoluments, the annual or average annual emoluments to be taken into account for the purpose of calculating the amount of the gratuity or gratuities which would have been payable under the last relevant pension scheme had been equivalent to the amount of the diminution of his emoluments in the year immediately following the date on which the diminution began.

(3) (a) If any retirement compensation had been paid to the deceased, the gratuity or the aggregate of the gratuities payable under this regulation shall be reduced by a sum equivalent to the aggregate of the retirement compensation paid, or to that which would have been paid if any surrender of retirement compensation under regulation 25 of the principal regulations had not taken place.

(b)Where more than one gratuity under this regulation is paid in relation to one death, the part of the total sum to be deducted from each gratuity under this paragraph shall bear the same proportion to the total sum as the gratuity in question bears to the aggregate of the gratuities under this regulation paid in relation to that death.

(4) If, notwithstanding the deceased's having lost employment in consequence of a relevant event, a gratuity is paid to a deprived scheme beneficiary under the last relevant pension scheme, the gratuity payable under these regulations shall be reduced by the amount of the gratuity so paid.

(5) If the last relevant pension scheme made provision by virtue of which no gratuity was payable on death unless the deceased had served or contributed for not less than a specified minimum period, and he has served for less than that period, the gratuity payable under this regulation shall be reduced proportionately.

(6) Where account is taken of a period of service both for the purpose of computing a gratuity payable to a deprived scheme beneficiary under this regulation, and for the purpose of computing a gratuity payable on the death of the deceased to that beneficiary under a pension scheme (other than the last relevant pension scheme), the gratuity payable under this regulation may be reduced by an amount which bears the same proportion to the gratuity payable under that pension scheme as that period of service bears to the total period of service of which account was taken for the purpose of computing the gratuity payable under that pension scheme.

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