165.—(1) This regulation applies in relation to a pensioner member, deferred member or active member of this scheme who dies.
(2) If the sum of the amounts in paragraph (3) is less than the sum of all member contributions and payments for added pension made by the member under this scheme, the scheme manager must pay to the member’s legal personal representative a gratuity equal to the difference.
(3) The amounts are—
(a)any amount of pension or lump sum paid to the member in relation to the period of service, together with any increase under the 1971 Act;
(b)the capitalised value (determined by the scheme manager, having regard to actuarial tables) of any surviving adult’s pension or eligible child’s pension granted in respect of the member’s death;
(c)if the member is also a pension credit member, the actuarial value of any pension credit; and
(d)any gratuity granted under regulation 164 (dependants) in respect of the member’s death.
(4) A claim for payment of a gratuity under this regulation is taken to be made on the date of the member’s death.