Paragraph E.15 Death of a member: lump sum benefitF1
United Kingdom
If a member dies before reaching the age of 75, the Secretary of State may pay a lump sum to any of the following—
the person or persons nominated by the member in accordance with rule E.21;
if there is no person within sub-paragraph (a), to any person who is entitled to a pension under rule E.1 in respect of the member, or to whom a pension may be awarded under rule E.2 in respect of the member;
if there is no person within sub-paragraph (a) or (b), to any person who, but for the application of rule E.1(2) or rule E.2(2), would be so entitled or to whom a pension may be awarded; or
if there is no person within sub-paragraphs (a), (b) or (c), to the member’s personal representatives.
If two or more persons have been so nominated and the Secretary of State decides to pay the lump sum to them—
the payment is to be made to them in such proportions as the member has specified in the nomination, or
if no proportions are so specified, in such proportions as the Secretary of State considers appropriate.
This rule does not apply if—
the member is—
a pensioner member, or
a pension credit member who dies after any benefits attributable to his pension credit have become payable, and
the death takes place—
more than five years after the member’s pension becomes payable, or
after the member’s pension has been commuted under rule J.8 (commutation of small pensions).
A lump sum paid under this rule may not be paid more than two years after the day on which the Scheme administrator first knew, or could reasonably be expected to have known, of the member’s death.
The annual amount of pension paid to a person under this Part shall be increased by such amount as the Defence Council, after consulting with the Scheme actuary, may determine, if—
the Defence Council have determined that a lump sum should be paid to the person under this Part, but the lump sum is not paid within two years of the date of the death; or
the Defence Council have determined that, but for paragraph (1), a lump sum would have been paid to the person.
Annotations
Textual amendments
- F1
Rule E.15(1) substituted (10.1.2012) by The Armed Forces Redundancy Scheme 2006, the Armed Forces Redundancy Etc. Schemes 2010 and the Armed Forces Pension Scheme 2005 (Amendment) Order 2011 (S.I. 2011/3013), arts. 1, 13(1)
- F2
Rule E.15(4) substituted (10.1.2012) by The Armed Forces Redundancy Scheme 2006, the Armed Forces Redundancy Etc. Schemes 2010 and the Armed Forces Pension Scheme 2005 (Amendment) Order 2011 (S.I. 2011/3013), arts. 1, 13(2)
- F3
Rule E.15(5) inserted (10.1.2012) by The Armed Forces Redundancy Scheme 2006, the Armed Forces Redundancy Etc. Schemes 2010 and the Armed Forces Pension Scheme 2005 (Amendment) Order 2011 (S.I. 2011/3013), arts. 1, 13(3)
Notes on Schedule 1
Modifications
- C1
Schs. 1-3 modified (14.7.2026 for the tax year 2014-15 and subsequent tax years) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2026 (S.I. 2026/673), regs. 1(2), 10