SCHEDULEEligible decision-makers for deceased members

Regulations 4(3), 6(2), 8(2) and 12(2)

Interpretation I11

1

In this Schedule—

  • “beneficiary” means a person who has become entitled to receive any death benefit;

  • “child”, except in the term “eligible child”, means a person under the age of 18;

  • “death benefit” means a benefit payable on the death of a member under—

    1. a

      Part 8 of the 2014 Regulations;

    2. b

      Part E of Section I;

    3. c

      section 4 of Section II;

    4. d

      Part F of Section III;

  • “decision” means an opted-out service election, an immediate choice decision or a deferred choice decision;

  • “eligible decision-maker” means a person who may make—

    1. a

      an opted-out service election in accordance with regulation 6(2)(b);

    2. b

      an immediate choice decision in accordance with regulation 8(2)(b);

    3. c

      a deferred choice decision in accordance with regulation 12(2)(b);

  • “surviving adult” means—

    1. a

      a surviving spouse;

    2. b

      a surviving civil partner;

    3. c

      in relation to—

      1. i

        alpha, a surviving partner within the meaning of regulation 101 of the 2014 Regulations;

      2. ii

        Section I, a surviving adult dependant within the meaning of rule E.2 of that Section;

      3. iii

        Section III, a surviving adult dependant within the meaning of rule F.2 of that Section.

2

In this Schedule, a reference to—

a

a beneficiary is a reference to a beneficiary of death benefits in relation to M’s remediable service;

b

an eligible child is a reference to an eligible child of M;

c

M is a reference to the deceased remedy member in respect of whose remediable service an election may be made;

d

a surviving adult is a reference to a surviving adult in relation to M.

Annotations:
Commencement Information
I1

Sch. para. 1 in force at 1.10.2023, see reg. 1(b)

Sole beneficiary: an adult I22

Where a person is—

a

the sole beneficiary, and

b

an adult,

the eligible decision-maker is that person.

Annotations:
Commencement Information
I2

Sch. para. 2 in force at 1.10.2023, see reg. 1(b)

Sole beneficiary: a child I33

Where a person (“A”) is—

a

the sole beneficiary, and

b

a child,

the eligible decision-maker is A’s parent or guardian.

Annotations:
Commencement Information
I3

Sch. para. 3 in force at 1.10.2023, see reg. 1(b)

Sole beneficiary: a body I44

Where a body (whether corporate or unincorporated) is the sole beneficiary, the eligible decision-maker is—

a

M’s personal representative, or

b

where M has no personal representative, the scheme manager.

Annotations:
Commencement Information
I4

Sch. para. 4 in force at 1.10.2023, see reg. 1(b)

Sole beneficiary: M’s estate I55

Where M’s estate is the sole beneficiary, the eligible decision-maker is M’s personal representative.

Annotations:
Commencement Information
I5

Sch. para. 5 in force at 1.10.2023, see reg. 1(b)

Multiple beneficiaries: including a surviving adult I66

Where—

a

two or more adults are the only beneficiaries, and

b

one of those adults (“B”) is a surviving adult,

the eligible decision-maker is B.

Annotations:
Commencement Information
I6

Sch. para. 6 in force at 1.10.2023, see reg. 1(b)

Multiple beneficiaries: including adult eligible children I77

1

Where—

a

two or more adults are the only beneficiaries,

b

none of those adults is a surviving adult, and

c

two or more of those adults are eligible children,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

2

The eligible decision-maker is—

a

the person agreed upon by the adult eligible children, or

b

where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager.

Annotations:
Commencement Information
I7

Sch. para. 7 in force at 1.10.2023, see reg. 1(b)

Multiple beneficiaries: nominated individuals only I88

1

Where—

a

two or more adults (the “nominated adults”) are beneficiaries of lump sum death benefits, and

b

none of the following are beneficiaries—

i

a surviving adult, or

ii

an eligible child (whether or not an adult),

the eligible decision-maker is determined in accordance with sub-paragraph (2).

2

The eligible decision-maker is—

a

M’s personal representative;

b

where M has no personal representative, the person agreed upon by the nominated adults;

c

where—

i

M has no personal representative, and

ii

no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager,

the scheme manager.

Annotations:
Commencement Information
I8

Sch. para. 8 in force at 1.10.2023, see reg. 1(b)

Multiple beneficiaries: non-adult eligible children I99

Where the only beneficiaries are children, two or more of whom are eligible children, the eligible decision-maker is—

a

where one person has parental responsibility for all the eligible children, that person;

b

otherwise—

i

M’s personal representative, or

ii

where M has no personal representative, the scheme manager.

Annotations:
Commencement Information
I9

Sch. para. 9 in force at 1.10.2023, see reg. 1(b)

Multiple beneficiaries: nominated children only I1010

Where the only beneficiaries are two or more children who are not eligible children, the eligible decision-maker is—

a

where one person has parental responsibility for all the children, that person;

b

otherwise—

i

M’s personal representative, or

ii

where M has no personal representative, the scheme manager.

Annotations:
Commencement Information
I10

Sch. para. 10 in force at 1.10.2023, see reg. 1(b)

Multiple beneficiaries: one or more adults and one or more children I1111

1

Where the beneficiaries include one or more adults and one or more children—

a

M’s personal representative is the eligible decision-maker;

b

where M has no personal representative, and—

i

one of the beneficiaries is a surviving adult, that surviving adult is the eligible decision-maker;

ii

none of the beneficiaries is a surviving adult and—

aa

one or more of the beneficiaries is an eligible child, or

bb

none of the beneficiaries is an eligible child,

the eligible decision-maker is determined in accordance with sub-paragraph (2).

2

Where sub-paragraph (1)(b)(ii) applies, and—

a

all relevant children are under 18 and—

i

have the same guardian, the eligible-decision maker is that guardian;

ii

do not have the same guardian, the eligible decision-maker is the scheme manager;

b

all relevant children are 18 or over, the eligible decision-maker is—

i

the person agreed upon by those relevant children, or

ii

where no decision about whether to make an election has been received by the scheme manager by the day four weeks before an election must, in accordance with these Regulations, be received by the scheme manager, the scheme manager;

c

one or more relevant children are under 18 and one or more of the relevant children are 18 or over, the eligible decision-maker is the person agreed upon by—

i

the relevant children who are 18 or over, and

ii

the guardian of the relevant children who are under 18.

3

In sub-paragraph (2), “relevant children” means—

a

where sub-paragraph (1)(b)(ii)(aa) applies, eligible children;

b

where sub-paragraph (1)(b)(ii)(bb) applies, a person who is a beneficiary and who meets any of conditions A, B or C as set out in regulation 113(2), (3) and (4) of the 2014 Regulations.

Annotations:
Commencement Information
I11

Sch. para. 11 in force at 1.10.2023, see reg. 1(b)

Other cases I1212

In any case not covered by paragraphs 2 to 11, the eligible decision-maker is the scheme manager.