{
  "url": "https://openlegislation.uk/armed-forces-pension-regulations-2014/regulation-78",
  "json_url": "https://openlegislation.uk/armed-forces-pension-regulations-2014/regulation-78.json",
  "legislation": "uksi/2014/2336",
  "legislation_title": "The Armed Forces Pension Regulations 2014",
  "legislation_url": "https://openlegislation.uk/armed-forces-pension-regulations-2014",
  "path": "regulation/78",
  "kind": "regulation",
  "number": "78",
  "heading": "Death of a member: lump sum benefit",
  "text": "(1) On the death of a member, the scheme manager may pay a lump sum to—\n(a) the person or persons nominated by the member in accordance with regulation 84 (nominations for lump sum death benefits);\n(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;\n(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\n(d) if there is no person within sub-paragraph (a), (b) or (c), to the member’s personal representatives.\n(2) If the scheme manager decides to pay all or part of the lump sum in accordance with a nomination then—\n(a) the payment is to be made to them in such proportions as the member has specified in the nomination; or\n(b) if no proportions are so specified, in such proportions as the scheme manager considers appropriate.\n(3) This regulation does not apply if—\n(a) the member is—\n(i) a pensioner member, who is not also a deferred member or an active member; or\n(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\n(b) the death takes place—\n(i) more than 5 years after the member’ pension becomes payable; or\n(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).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 78 in force at 1.4.2015, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2336/regulation/78",
    "retrieved_at": "2026-10-29T00:04:13.886265+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}