123. In this Part—
“member” means a member other than a pension credit member;
“survivor’s benefits” means any of the following—
a death grant;
a survivor’s pension;
“survivor’s pension” means a surviving adult pension, additional (surviving adult) pension or child pension.
124. For the purpose of this Part—
(a)an ill-health pension does not become payable before D’s death unless the initial payment of the pension is made before D’s death;
(b)an ill-health pension that does becomes payable before D’s death but ceases to be payable under regulation 111 or 115 is taken not to become payable before D’s death; and
(c)a phased retirement pension that does becomes payable before D’s death but ceases to be payable under regulation 94 does not become payable before D’s death.
125.—(1) A member (D) dies in service for the purpose of survivor’s benefits if—
(a)D dies while in pensionable service;
(b)D dies while on non-pensionable family leave immediately following a period of pensionable service;
(c)as at the date of D’s death, an election under regulation 24 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.
126. 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.
127. In this Part, a member (D) dies as a pensioner member if a retirement pension becomes payable before D’s death.
128. 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.
129. 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.