The Armed Forces Pension Regulations 2014

PART 6 Death benefits

CHAPTER 1 Pensions for adult dependants

Surviving spouses’ and civil partners’ pensions

65.—(1) If an active member, deferred member or pensioner member dies leaving a surviving spouse or civil partner, the surviving spouse or civil partner—

(a) is entitled to a dependant’s earned pension that is payable for life; and

(b) depending on the deceased member’s circumstances, may be entitled to one or more other pensions payable under this scheme.

(2) Paragraph (1) does not apply if the member is an active member who would not have qualified for a pension under—

(a) regulation 43 (retirement on or after reaching normal pension age – active members) by virtue of regulation 43(2)(a); or

(b) regulation 44 (retirement before reaching normal pension age – deferred members) by virtue of regulation 44(1)(b) or (c),

if the member’s service had ceased on the date of death otherwise than by reason of death.

(3) A person entitled to a dependant’s earned pension under this regulation is entitled to a dependant’s added pension if the member was entitled to immediate payment of a retirement added pension (member and dependants) as at the date of the member’s death or would have become entitled to such a pension had the member not died.

(4) The scheme manager may withhold the pension or pensions—

(a) where the pension or pensions would be payable to a surviving spouse, if the member and the surviving spouse married less than 6 months before the member’s death; or

(b) where the pension or pensions would be payable to a surviving civil partner, if the civil partnership was formed less than 6 months before the member’s death.

(5) The annual rate of the pension or pensions payable under this regulation is calculated under regulation 68, 69 and 70 (annual rate of adult dependants’ pensions payable on death) by reference to the deceased member’s own pension rights.

Guaranteed minimum pension for surviving spouses and civil partners

66.—(1) If a person who is the surviving spouse or civil partner of a deceased active, deferred or pensioner member has a guaranteed minimum under section 17 PSA 1993 in relation to benefits in respect of the deceased member under this scheme—

(a) nothing in these regulations permits or requires anything that would cause requirements made by or under that Act in relation to such a person and such a person’s rights under a scheme not to be met;

(b) nothing in these regulations prevents anything from being done which is necessary or expedient for the purposes of meeting such requirements; and

(c) paragraph (2) is without prejudice to the generality of this paragraph.

(2) If apart from this regulation—

(a) no pension would be payable to the surviving spouse or civil partner under this Part; or

(b) the weekly rate of the pensions payable would be less than the guaranteed minimum,

a pension the weekly rate of which is equal to the guaranteed minimum is payable to the surviving spouse or civil partner for life.

(3) Paragraph (2) does not apply to a pension that is forfeited as a result of a conviction of an offence referred to in regulation 122 (1)(a) or (b) (events enabling forfeiture).

Other adult dependants’ pensions

67.—(1) If an active member, deferred member or pensioner member dies leaving a surviving adult dependant, and no benefit is payable under regulation 65 (surviving spouses’ and civil partners’ pensions), the scheme manager may award the surviving adult dependant—

(a) a dependant’s earned pension that is payable for life; and

(b) depending on the deceased member’s circumstances, one or more other pensions that are payable under this scheme.

(2) Paragraph (1) does not apply if the member is an active member who would not have qualified for a pension under—

(a) regulation 43 (retirement on or after reaching normal pension age – active members), by virtue of regulation 43(2)(b); or

(b) regulation 44 (retirement before reaching normal pension age – deferred members), by virtue of regulation 44(1)(b) or (c),

if the member’s service had ceased on the date of death otherwise than by reason of death.

(3) A person entitled to a dependant’s earned pension under this regulation is entitled to a dependant’s added pension if the member was entitled to immediate payment of a retirement added pension (member and dependants) as at the date of the member’s death or would have become entitled to such a pension had the member not died.

(4) A person is a surviving adult dependant in relation to a member for the purposes of this regulation if the person satisfied the scheme manager as at the date of the member’s death—

(a) the person and the member were cohabitating as partners in an exclusive and substantial relationship;

(b) the person and the member were not prevented from marrying or entering a civil partnership; and

(c) either the person was financially dependent on the member or the person and the member were financially interdependent.

(5) The annual rate of the pension or pensions payable under this regulation is to be calculated under regulation 68, 69 and 70 (annual rate of adult dependants’ pensions payable on death) by reference to the deceased member’s own pension rights.

Annual rate of adult dependants’ pensions payable on death of pensioner member

68.—(1) This regulation deals with the annual rate of the pensions payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) on the death of a pensioner member.

(2) The annual rate of the dependant’s earned pension is determined by taking an amount equal to 62.5% of the annual rate of the member’s retirement earned pension at the point of the member’s death after—

(a) subtracting the commutation amount (if any) specified in the account in relation to that amount;

(b) subtracting the pension sharing order amount (if any) specified in the account in relation to that amount; and

(c) disregarding—

(i) the early payment reduction (if any) specified in the account in relation to that amount;

(ii) the in service late payment supplement (if any) specified in the account in relation to that amount;

(iii) the late payment supplement (if any) specified in the account in relation to the amount; and

(iv) the allocation amount (if any) specified in the account in relation to that amount.

(3) Where a member was entitled to immediate payment of a retirement club transfer pension as at the date of death or would have become entitled to such a pension had the member not died, instead of the determination under paragraph (2) a determination shall be made after taking the actions specified in sub paragraphs (a) to (c) by taking an amount equal to 62.5% of the aggregate of the annual rate of the member’s retirement earned pension and retirement club transfer pension.

(4) The annual rate of the dependant’s added pension is found by taking an amount equal to 62.5% of the annual rate of the member’s retirement added pension (members and dependants) at the point of the member’s death after—

(a) subtracting the commutation amount (if any) specified in the account in relation to that amount;

(b) subtracting the pension sharing order amount (if any) specified in the account in relation to that amount; and

(c) disregarding—

(i) the early payment reduction (if any) specified in the account in relation to that amount;

(ii) the in service late payment supplement (if any) specified in the account in relation to that amount;

(iii) the late payment supplement (if any) specified in the account in relation to that amount; and

(iv) the allocation amount (if any) specified in the account in relation to that amount.

Annual rate of adult dependants’ pensions payable on death of deferred member

69.—(1) This regulation deals with the annual rate of the pensions payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pension and other adult dependants’ pensions) on the death of a deferred member.

(2) The annual rate of the dependant’s earned pension is an amount equal to 62.5% of the provisional amount of the member’s deferred earned pension and any deferred club transfer earned pension specified in the deferred member’s account at the point of the member’s death after subtracting the pension sharing order amount (if any) specified in the account in relation to that amount.

(3) The annual rate of the dependant’s added pension is an amount equal to 62.5% of the provisional amount of the member’s deferred added pension (member and dependants) specified in the deferred member’s account at the point of the member’s death after subtracting the pension sharing order amount (if any) specified in the account in relation to that amount.

Annual rate of adult dependants’ pensions payable on death of active member

70.—(1) This regulation deals with the annual rate of pension payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) on the death of an active member, providing—

(a) the member has at least 2 years’ qualifying service; or

(b) a transfer value payment otherwise than from another occupational pension scheme has been accepted in relation to the member under Part 8 (Transfers).

(2) The annual rate of the dependant’s earned pension is determined by—

(a) (subject to paragraph (b)) taking an amount equal to 62.5% of the annual rate of the member’s retirement earned pension at the point of the member’s death as if they left with an ill-health pension under regulation 51 (entitlement to ill-health pension: active members with permanent serious ill-health), or

(b) for active members serving beyond normal pension age, by taking an amount equal to 62.5% of the annual rate of the member’s retirement earned pension at the point of the member’s death, in each case under paragraph (a) and this paragraph (b) after—

(i) subtracting the pension sharing order amount relating to that pension (if any) specified in the member’s pension account; and

(ii) disregarding—

(aa) the early payment reduction (if any) specified in that account in relation to that amount;

(bb) the in service late payment supplement (if any) specified in that account in relation to that amount; and

(cc) the late payment supplement (if any) specified in that account in relation to that amount.

(3) Where a member was entitled to immediate payment of a retirement club transfer pension as at the date of death or would have become entitled to such a pension had the member not died, instead of the determination under paragraph (2)(a) and (b) a determination shall be made, after taking the actions specified in sub paragraphs (i) and (ii), by taking an amount equal to 62.5% of the aggregate of the annual rate of the member’s retirement earned pension and retirement club transfer pension.

(4) The annual rate of the dependant’s added pension is determined by taking an amount equal to 62.5% of the annual rate of the member’s retirement added pension at the point of the member’s death after—

(a) subtracting the pension sharing order amount relating to that pension (if any) specified in the member’s pension account; and

(b) disregarding—

(i) the early payment reduction (if any) specified in that account in relation to that amount;

(ii) the in service late payment supplement (if any) specified in that account in relation to that amount; and

(iii) the late payment supplement (if any) specified in that account in relation to that amount.

Reduction in pensions in case of wide age disparity

71.—(1) If on the death of a member a pension is payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) to a person (“the beneficiary”) who is more than 12 years younger than the member, the annual rate of the pension calculated under this Chapter is reduced by the appropriate amount.

(2) The appropriate amount is the lower of—

(a) 50% of the amount of the annual rate of the pension so calculated; or

(b) 2.5 x (N – 12)% of the annual rate of the pension,

where N is the number of whole years by which the beneficiary is younger than the member.

(3) This regulation does not apply in respect of a member—

(a) to whom rule K.8 or L.7 of the Armed Forces Pension Scheme Order 2005(1) (“2005 scheme”) would apply had the member not transferred from the 2005 scheme to this scheme; or

(b) who on 31st March, 2015 was a member of a scheme listed in paragraphs 25, 26 or 27 of Schedule 5 to the Act.

CHAPTER 2 Pensions for eligible children

Surviving children’s pensions

72.—(1) If an active member, deferred member or pensioner member dies leaving a surviving eligible child, the eligible child—

(a) is entitled to a child’s earned pension; and

(b) depending on the deceased member’s circumstances, may be entitled to one or more other pensions payable under this scheme.

(2) If the child ceases to be an eligible child after the date of the member’s death, the pension ceases to be payable unless and until the child becomes an eligible child again, but, if the child does not cease to be an eligible child, the pension is payable for life.

(3) This regulation is subject to regulation 75 (children born after the member’s death) and regulation 88 (provisional awards of children’s pensions: later adjustments).

(4) A child’s earned pension is payable under this regulation if—

(a) the member was entitled to immediate payment of a retirement earned pension as at the date of the member’s death; or

(b) the member would have become entitled to a retirement earned pension had the member not died.

(5) If a child’s earned pension is payable under this regulation, a child’s added pension is payable under this regulation if the member was entitled to immediate payment of an added pension (member and dependants) as at the date of the member’s death or would have become entitled to such a pension had the member not died.

(6) The annual rate of the pension or pensions payable under this regulation is calculated under regulation 74 (annual rate of children’s pensions) by reference to the deceased member’s own pension rights.

Meaning of “eligible child”

73.—(1) In these Regulations, “eligible child”, in relation to a deceased member, means—

(a) a natural or adopted child of the member who meets any of conditions A to C; or

(b) any other child or young person who—

(i) meets any of those conditions; and

(ii) was financially dependent on the member as at the date of the member’s death.

(2) Condition A is that the person is aged under 18.

(3) Condition B is that the person is in full-time education or vocational training and has not reached the age of 23.

(4) Condition C is that the person is unable to engage in gainful employment because of physical or mental impairment and either—

(a) the person has not reached the age of 23; or

(b) that impairment is, in the opinion of the scheme medical adviser, likely to be permanent and the person was dependent on the member as at the date of the member’s death because of physical or mental impairment.

(5) A person who is aged under 19 on the date on which the person ceases to be in full-time education is treated as being in such education until the first of the following dates after the person ceases to be in that education—

(a) the second Monday in January;

(b) the second Monday after Easter Monday;

(c) the second Monday in September;

(d) the date on which the person becomes engaged full-time in gainful employment;

(e) the person’s 19th birthday.

(6) A person who, as at the date of the member’s death, is aged under 23 and is taking a break from full-time education or vocational training for a period not exceeding 15 months is assumed to be continuing in such education or training during the break for the purpose of determining—

(a) whether the person is an eligible child at that date (but not at any later date); and

(b) the number of eligible children in respect of whom pensions are payable under regulation 72 (“surviving children’s pensions”) immediately after that date.

(7) A person who is prevented from continuing in full-time education or vocational training on account of ill-health is treated for the purposes of condition B and paragraph (6) as continuing to be in such education or training until the person is no longer so prevented.

(8) Paragraph (7) does not apply at any time when the person’s health is such that it is reasonable to assume that they will not be capable of undertaking any further education or training.

(9) Nothing in paragraph (6) requires a pension to be paid in respect of the person during the break in the person’s education or training.

Annual rate of children’s pensions

74.—(1) This regulation deals with the annual rate of the pensions payable under regulation 72 (“surviving children’s pensions”) on the death of a member by reference to the deceased member’s own pension rights.

(2) The annual rate of the child’s earned pension is determined by—

(a) where an adult dependant’s earned pension is payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) after taking the actions under paragraph (3)—

(i) for one eligible child only, an amount equal to 25% of the annual rate of the member’s earned pension at the point of the member’s death;

(ii) for two or more eligible children, an equal share of 37.5% of the annual rate of the member’s earned pension at the point of the member’s death.

(b) where an adult dependant’s earned pension is not payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) or no longer payable under regulation 65 or 67 after taking the actions under paragraph (3)—

(i) for one eligible child only, an amount equal to 1/3rd of the annual rate of the member’s earned pension at the point of the member’s death;

(ii) for two or more eligible children, an equal share of the annual rate of the member’s earned pension at the point of the member’s death, but limited to 1/3rd per child.

(3) The actions under this paragraph are—

(a) subtracting the commutation amount (if any) specified in the deceased member’s pension account in relation to the earned pension;

(b) disregarding—

(i) the early payment reduction (if any) specified in that account in relation to the earned pension;

(ii) the in service late payment supplement (if any) specified in that account in relation to that amount;

(iii) the late payment supplement (if any) specified in that account in relation to that amount;

(iv) the pension sharing order amount (if any) specified in that account in relation to the earned pension; and

(v) the allocation amount (if any) specified in that account in relation to the earned pension.

(4) Where a member was entitled to immediate payment of a retirement club transfer pension as at the date of death or would have become entitled to such a pension had the member not died, instead of the determination under paragraph (2)(a) and (b) a determination shall be made, after taking the actions specified in paragraphs (i) and (ii), by taking an amount equal to 62.5% of the aggregate of the annual rate of the member’s retirement earned pension and retirement club transfer pension.

(5) The annual rate of the child’s added pension is determined by—

(a) where an adult dependant’s added pension is payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) after taking the actions under paragraph (5)—

(i) for one eligible child only, an amount equal to 25% of the annual rate of the member’s added pension at the point of the member’s death;

(ii) for two or more eligible children, an equal share of 37.5% of the annual rate of the member’s added pension at the point of the member’s death; or

(b) where an adult dependant’s added pension is not payable under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) or no longer payable under regulation 65 or 67 after taking the actions under paragraph (6)—

(i) for one eligible child only, an amount equal to 1/3rd of the annual rate of the member’s added pension at the point of the member’s death;

(ii) for two or more eligible children, an equal share of 100% of the annual rate of the member’s added pension at the point of the member’s death, but limited to 1/3rd per child.

(6) The actions under this paragraph (6) are—

(a) subtracting the commutation amount (if any) relative to the deceased member’s added pension specified in the member’s pension account;

(b) disregarding—

(i) the early payment reduction (if any) specified in that account in relation to the added pension;

(ii) the in service late payment supplement (if any) specified in that account in relation to that amount;

(iii) the late payment supplement (if any) specified in that account in relation to that amount;

(iv) the pension sharing order amount (if any) specified in that account in relation to the added pension; and

(v) the allocation amount (if any) specified in that account in relation to added pension.

Children born after the member’s death

75.—(1) For the purposes of regulation 74 (annual rate of children’s pensions), a member is only treated as leaving a child who is born after the member’s death if the child is born before the first anniversary of the date of the member’s death.

(2) No pension is payable under that regulation in respect of any period before the child’s birth.

(3) But in determining the number of pensions payable immediately after the date of the member’s death for the purposes of regulation 74, a pension in respect of a child born after the member’s death is treated as so payable.

CHAPTER 3 Lump sum death benefits

Meaning of “final pensionable earnings”

76.—(1) In this Chapter, “final pensionable earnings”, in relation to a member, means the greatest amount that is the member’s total pensionable earnings, under regulation 23 (pensionable earnings), for 365 consecutive days falling within the period of 3 years ending with the last day of service.

(2) If the person was required to be in service as a member of the armed forces during any period of 365 consecutive days falling within the period of 3 years mentioned in paragraph (1) but was not in such service for a period of 365 consecutive days, then the paragraph applies as if it referred to the person’s annualised pensionable earnings in the period of service ending with the last day of service.

(3) The person’s annualised pensionable earnings in the period of service are the amount given by the formula—

PE x (365 ÷ N)

where—

PE is the person’s pensionable earnings for the period, and

N is the number of days in the period for which pensionable earnings were received.

If the period of the final pensionable earnings includes the day 29 February, for “365” substitute “366”.

(4) If at any time during the period of 3 years mentioned in paragraph (1) or the period mentioned in paragraph (2), the member is treated under regulation 24 (meaning of ‘assumed pay’) as receiving assumed pay, or would be if they were a member of this scheme throughout that period, for the purposes of this regulation, their pensionable earnings for each day during that period when they are so treated include the assumed pay for that day.

Earnings adjustments in determining final pensionable earnings

77.—(1) For the purpose of determining which is the greatest amount mentioned in regulation 76 (meaning of ‘final pensionable earnings’), the amount of pensionable earnings, as determined in accordance with regulation 76 for that part of the period of 365 days that falls 365 days or more before the last day of service is to be adjusted for inflation.

(2) Any adjustment made for the purpose of determining final pensionable earnings is to be disregarded for all other purposes of this scheme.

(3) The reference in paragraph (1) to adjusting for inflation the amount of pensionable earnings for part of the period is a reference to increasing it by the same amount as that by which an annual pension of an amount equal to those earnings would have been increased under the PIA 1971 on the day following the last day of service if the pension—

(a) were eligible to be so increased; and

(b) had come into payment on the day following the last day of that period.

Death of a member: lump sum benefit

78.—(1) On the death of a member, the scheme manager may pay a lump sum to—

(a) the person or persons nominated by the member in accordance with regulation 84 (nominations for lump sum death benefits);

(b) if there is no person within sub-paragraph (a), to any person who is entitled to a pension under regulation 65 or 67 (surviving spouses’ and civil partners’ pensions and other adult dependants’ pensions) in respect of the member;

(c) if there is no person within sub-paragraphs (a) or (b), to any person who, but for the application of regulation 65 or 67 would be so entitled or to whom a pension may be awarded; or

(d) if there is no person within sub-paragraph (a), (b) or (c), to the member’s personal representatives.

(2) If the scheme manager decides to pay all or part of the lump sum in accordance with a nomination then—

(a) the payment is to be made to them in such proportions as the member has specified in the nomination; or

(b) if no proportions are so specified, in such proportions as the scheme manager considers appropriate.

(3) This regulation does not apply if—

(a) the member is—

(i) a pensioner member, who is not also a deferred member or an active member; or

(ii) a pension credit member who dies after any benefits attributable to a pension credit have become payable and who is not also an active member, a deferred member or a pensioner member; and

(b) the death takes place—

(i) more than 5 years after the member’ pension becomes payable; or

(ii) after the member’s pension has been commuted under regulation 116 (commutation of small pensions) or 60 (option for members in serious ill-health to exchange whole pension for lump sum).

Lump sum amount payable on death of active member

79.—(1) In the case of a deceased active member, the amount of the lump sum payable under regulation 78 (death of a member: lump sum benefit) is equal to the member’s final pensionable earnings, multiplied by 4. This is subject to paragraph (2).

(2) If the member was both an active member and a deferred member, and the aggregate of the amount payable under regulation 80 (lump sum amount payable on death of deferred member) and any amount payable by way of a lump sum on the death of the member as a deferred member of a connected scheme is greater than the amount payable under paragraph (1), the amount payable under regulation 80 is payable instead of the amount specified in paragraph (1).

(3) For the purpose of this regulation, any amounts paid or payable to or in respect of the member in the capacity of a pension credit member are to be disregarded.

Lump sum amount payable on death of deferred member

80.—(1) In the case of a deceased deferred member, the amount of the lump sum payable under regulation 78 (death of a member: lump sum benefit) is equal to the annual rate of the member’s provisional annual pension, multiplied by 3.

(2) The annual pension is the annual rate specified in the deferred member’s account at the point of the deferred member’s death but subtracting the pension sharing order amount (if any) and added pension (member) (if any).

(3) If the member was both a deferred member and an active member, and the amount payable under regulation 79 (lump sum amount payable on death of active member) is greater than the aggregate of the amount payable under paragraph (1) and any amount payable by way of lump sum on the death of the member as a deferred member of any connected scheme, the amount payable under regulation 79 is payable instead of the amount specified in paragraph (1).

(4) If the member was both a deferred member and a pensioner member, and the amount payable under regulation 81 (lump sum amount payable on death of pensioner member) is greater than the amount payable under paragraph (1), the amount payable under regulation 81 is payable instead of the amount specified in paragraph (1).

(5) For the purpose of this regulation any amounts paid or payable to or in respect of the member in the capacity of a pension credit member are to be disregarded.

Lump sum amount payable on death of pensioner member

81.—(1) In the case of a pensioner member, who dies within 5 years of receipt of their pension, the amount of the lump sum payable under regulation 78 (death of a member: lump sum benefit) is equal to—

(a) the member’s annual pension, multiplied by 5, less

(b) the total amount of any pension payments made to the member as such under this scheme.

(2) The reference in paragraph (1)(a) to the member’s annual pension is to the sum of the following amounts—

(a) the amount of the annual rate of each pension as at the beginning date for that pension, but subtracting the commutation amount (if any); and

(b) the amount of increase (if any) in the annual rate of each such pension under the PIA 1971 payable as at the date of the member’s death.

(3) If the member was both a pensioner member and an active member, and the amount payable under regulation 79 (lump sum amount payable on death of active member) is greater than the amount payable under paragraph (1), the amount payable under regulation 80 is payable instead of the amount specified in paragraph (1).

(4) If the member was both a pensioner member and a deferred member, and the amount payable under regulation 80 is greater than the amount payable under paragraph (1), the amount payable under regulation 80 is payable instead of the amount specified in paragraph (1).

(5) For the purpose of this regulation any amounts paid or payable to or in respect of the member in the capacity of a pension credit member are to be disregarded.

Lump sum amount payable on death of pension credit member

82.—(1) In the case of a pension credit member who dies before any benefits derived from their pension credit have become payable, the amount of the lump sum payable under regulation 78 (death of a member: lump sum benefit) is calculated by multiplying by 3 the amount of the annual pension that would have been payable to the member under regulation 48 (annual rate of pension credit member’s pension) if that pension had become payable to the member on the date of the member’s death.

(2) The reference in paragraph (1) to the member’s annual pension is to the sum of the following amounts—

(a) the amount of the annual rate of pension as at the beginning date for that pension, without subtracting the early payment reduction amount (if any); and

(b) the amount of increase (if any) in the annual rate of each such pension under the PIA 1971 payable as at the date of the member’s death.

(3) In the case of a pension credit member who dies after the pension credit member’s pension under regulation 48 (annual rate of pension credit member’s pension) becomes payable, the amount of the lump sum payable under regulation 78 (death of a member: lump sum benefit) is equal to—

(a) the amount of the pension that would have been payable to the pension credit member during so much of the period of 5 years beginning with the date on which the pension became payable as falls after the date of death, but subtracting the commutation amount (if any), less

(b) the total amount of any pension payments made to the member as such under this scheme.

(4) In this regulation “amount of pension” means the sum of—

(a) the amount of the annual rate of the pension as at the beginning date for that pension; and

(b) the amount of increase (if any) in that annual rate of pension under the PIA 1971, payable as at the date of the member’ death.

Members affected by court orders to former spouses and civil partners on death

83.—(1) This regulation applies if, on a member’s death, the scheme manager is required under a court order to pay any part of any amount payable under regulation 78 (death of a member: lump sum benefit) to the member’s former spouse or civil partner.

(2) The amount payable under that regulation is first determined as if no such order had been made, and then this Part applies as if the amount payable under that regulation were reduced by the amount payable under the court order.

Nominations for lump sum death benefits

84.—(1) For the purposes of regulation 78 (death of a member: lump sum benefit), a member may nominate—

(a) one or more individuals;

(b) one incorporated or unincorporated body; or

(c) one or more individuals and one incorporated or unincorporated body.

(2) A nomination may specify how payments are to be apportioned between—

(a) two or more individuals; or

(b) one or more individuals and one incorporated or unincorporated body.

(3) A nomination must be made by signed notice in writing to the scheme administrator in such form as the scheme manager may require or is willing to accept.

(4) A member may revoke or alter a nomination by a further signed notice in writing to the scheme administrator in such form as the scheme manager may require or is willing to accept.

(5) The nomination of a person is invalid—

(a) if—

(i) the person nominated is an individual who was the spouse, civil partner or other adult dependant of the member at the date the nomination was made and is not the spouse, civil partner or other adult dependant of the member immediately before the member’s death; and

(ii) the member did not confirm the nomination by notice in writing to the scheme administrator after the marriage, civil partnership or adult dependency ended; or

(b) if the person nominated is an individual who predeceases the member.

(6) If a person nominated is convicted of the offence of murder of the member, the person’s nomination is to be treated as invalid from the member’s death.

(7) If a person nominated is convicted of manslaughter or any other offence (apart from murder) of which the unlawful killing or wounding of the member is an element, the scheme manager may determine that the nomination is to be treated as invalid from the member’s death.

CHAPTER 4 General provisions

Pension debit members

85.—(1) This regulation applies where the deceased member was a pension debit member.

(2) If the member was an active member—

(a) the pensions payable under regulation 65 (surviving spouses’ and civil partners’ pensions) or regulation 67 (other adult dependants’ pensions) are to be calculated by reference to the amount of the pension to which the member would have been entitled after any reduction under section 31 of the WRPA 1999 (“section 31”);

(b) the amount payable under regulation 72 (surviving children’s pensions) by virtue of regulation 74 (annual rate of children’ pensions)—

(i) is first calculated as if the member were not a pension debit member; and

(ii) is then subject to any reduction required under section 31, and

(c) the amount of lump sum payable under regulation 78 (death of a member: lump sum benefit) is to be calculated under regulation 79 (lump sum amount payable on death of active member).

(3) If the member was a deferred member—

(a) the amount of the pension payable under regulation 65 or regulation 67 is to be calculated by reference to the amount of the pension to which the member would have been entitled after any reduction under section 31; and

(b) the amount payable under regulation 72 by virtue of regulation 74—

(i) is first calculated as if the member were not a pension debit member; and

(ii) is then subject to any reduction required under section 31.

(c) the lump sum payable under regulation 78 is to be calculated under regulation 80 (lump sum amount payable on death of deferred member).

(4) If the member was a pensioner member—

(a) the amount of the pension payable under regulation 65 or regulation 67 is to be calculated by reference to the amount of the pension to which the member was entitled (after the reduction under section 31);

(b) the amount payable under regulation 72 by virtue of regulation 74—

(i) is first calculated as if the member were not a pension debit member; and

(ii) is then subject to any reduction required under section 31; and

(c) the lump sum payable under regulation 78 is to be calculated under regulation 81 (lump sum amount payable on death of pensioner member).

Dependants’ pensions and children’s pensions: suspension and recovery

86.—(1) This regulation applies if—

(a) on a member’s death a pension has been awarded and paid under this Part; and

(b) it later appears to the scheme manager that the member or the person to whom the pension has been paid made a false declaration to deliberately suppress a material fact in connection with the award.

(2) The scheme manager may—

(a) cease paying the pension; and

(b) recover any payment made under the award.

(3) Paragraph (2) does not affect the scheme manger’s right to recover a payment or overpayment in any case where the scheme manager considers it appropriate to do so.

Recovery of lump sum payments made to nominees

87.—(1) The scheme manager may recover a lump sum death benefit paid under regulation 78 (death of a member: lump sum benefit) if—

(a) the payment is made to a person because of the person’s nomination under regulation 84 (nomination for lump sum benefits); and

(b) the person’s nomination is subsequently found to be invalid under that regulation.

(2) Paragraph (1) does not affect the scheme manager’s right to recover a payment or overpayment in any case where the scheme manager considers it appropriate to do so.

Provisional awards of children’s pensions: later adjustments

88.—(1) This regulation applies where after the death of an active member, deferred member or pensioner member—

(a) a pension is paid in respect of one or more persons under this Part on the basis that they were eligible children as at the date of the member’s death and that there were then no other eligible children; and

(b) subsequently it appears—

(i) that a person in respect of whom such a pension has been paid was not then an eligible child;

(ii) that a further person was then an eligible child; or

(iii) that a child who was born after the member’s death is an eligible child.

(2) The scheme manager may make such adjustments in the amount of the pensions payable in respect of the children in question as are required in view of the facts as they subsequently appear.

(3) Paragraph (2) does not affect the scheme manager’s right to recover a payment or overpayment in any case where the scheme manager considers it appropriate to do so.

Payments under this Part

89.—(1) Except where specified otherwise in this Part, a pension under this Part is payable from the day after the date of the member’s death.

(2) Payments of a lump sum payable under this Part must be made before the expiry of the period of 2 years beginning with the earlier of—

(a) the day on which the scheme manager first knew of the member’s death; and

(b) the day on which the scheme manager could reasonably be expected to have known of the member’s death.

(3) The annual amount of pension paid to a person under this Part is to be increased by such amount as the scheme manager, after consulting with the scheme actuary, may determine, if—

(a) the scheme manager has determined that a lump sum should be paid to the person under this Part, but the lump sum is not paid within 2 years of the date of the death; or

(b) the scheme manager has determined that, but for paragraph (1), a lump sum would have been paid to the person.

(4) Unless the scheme manager directs otherwise, a pension payable under this Part in respect of an eligible child aged under 18 is to be paid—

(a) if the child is in the care of the member’s surviving spouse or civil partner or a person who is the member’s surviving adult dependant for the purposes of regulation 64 (other adult dependants’ pensions), to the surviving spouse or civil partner or the adult dependant; and

(b) in any other case, to the child’s guardian.

Payment of death benefits to dual capacity member

90.—(1) This paragraph applies if the deceased member was a dual capacity member of this scheme.

(2) The general rule is that—

(a) benefits are payable in respect of the member under this Part as if 2 or more members of the kinds in question had died (so that 2 or more pensions or lump sums are payable in respect of the one deceased member); and

(b) the amounts payable are determined accordingly.

(3) But that general rule is subject to—

(a) regulation 79 and regulation 80 (lump sum amount payable on death of active member and lump sum amount payable on death of deferred member); and

(b) regulation 81 and regulation 82 (lump sum amount payable on death of pension member and lump sum amount payable on death of pensioner credit member).

(4) If a person who is a pension credit member is entitled to 2 or more pension credits—

(a) benefits are payable in respect of the person under this scheme as if the person were 2 or more persons, each being entitled to one of the pension credits (so that 2 or more pensions or lump sums are payable in respect of the one pension credit member); and

(b) the amounts of those benefits are determined accordingly.

(1)

S.I. 2005/438