# The Armed Forces Pension Scheme Order 2005, Paragraph 35: Death of a deferred transition member: lump sum benefit


(1) This paragraph applies in relation to a transition member with continuity of service who dies as a deferred member of the AFPS 2015.
(2) On death before reaching age 55—
(a) if regulation 80 (lump sum amount payable on death of deferred member) of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under those regulations; and
(b) if the member is a deferred member of the AFPS 2005 and the conditions for payment of a lump sum benefit under rule E.15 (death of a member: lump sum benefit) and rule E.17 (amount of lump sum benefit under rule E.15: deferred members) of the AFPS 2005 are met, a lump sum death benefit equal to the sum that would have been payable under rule E.17 of the AFPS 2005 is payable under the AFPS 2015.
(3) On death on or after reaching age 55, where the member is also a deferred member of the AFPS 2005—
(a) if regulation 80 of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under those regulations; and
(b) if the conditions for payment of a lump sum death benefit under rule E.15 and rule E.17 of the AFPS 2005 are met, a lump sum death benefit is payable under rule E.17 of the AFPS 2005.
(4) On death on or after reaching age 55, where the member is also a pensioner member of the AFPS 2005—
(a) if regulation 80 of the AFP Regulations 2014 applies to the member, a lump sum death benefit is payable under those regulations; and
(b) if the conditions for payment of a lump sum death benefit under rule E.15 and rule E.18 (amount of lump sum benefit under rule E.15: pensioner members) of the AFPS 2005 are met, a lump sum death benefit is payable under rule E.18 of the AFPS 2005.

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Source: https://www.legislation.gov.uk/uksi/2005/438/schedule/2/paragraph/35 (the official version)
Page: https://openlegislation.uk/armed-forces-pension-scheme-order-2005/schedule-2/paragraph-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.