PART 6

Survivor's benefits
CHAPTER 1

General interpretation

General
126
In this Part—
- “member” means a member other than a pension credit member;
- “survivor's benefits” means one or more of the following—
  1. a death grant;
  2. a survivor's pension.

Meaning of “dies in service”
127
1
A member (D) dies in service for the purpose of survivor's benefits if—
a
D dies while in pensionable service under this scheme;
b
D dies while on non-pensionable family leave immediately following a period of pensionable service under this scheme;
c
as at the date of D's death, an election under regulation 26 has effect or is taken to have effect; or
d
paragraph (2) applies.
2
This paragraph applies if—
a
D dies within 12 months after leaving pensionable service in all eligible employment because P was incapacitated; and
b
a retirement pension other than a phased retirement pension does not become payable in relation to that service before D's death.

Meaning of “dies out of service”
128
A member (D) dies out of service for the purpose of survivor's benefits if—
a
D does not die in service; or
b
D does not die as a pensioner member.

Meaning of “dies as a pensioner member”
129
In this Part, a member (D) dies as a pensioner member if a retirement pension becomes payable before D's death.

When a retirement pension does not become payable
130
For the purpose of these Regulations—
a
an ill-health pension does not become payable before the death of a member (D) unless the initial payment of the pension is made before D's death;
b
an ill-health pension that does become payable before D's death but ceases to be payable under regulation 114 or118 is taken not to become payable before D's death; and
c
a phased retirement pension that does become payable before D's death but ceases to be payable under regulation 97 does not become payable before D's death.

Payment of survivor benefits for post-benefit service
131
For the purpose of calculating survivor benefits in respect of a member's period of post-benefit service, the member (D) is taken to have entered pensionable service for the first time when D entered the period of post-benefit service.

Death of a dual capacity member
132
The annual rate of a survivor's pension applies to the surviving adult or eligible child of a dual capacity member in relation to each of the member's capacities.