Regulation 46 Lump sum on death: death after retirement of member with preserved pension
Paragraph (2) applies if—
a member (“P”) dies (on or after the commencement day) having retired (whether before, on or after the commencement day);
where P retires on or after the commencement day, P is not, on retirement, an opted-out member; and
if P had not died P would, on reaching normal pension age have become entitled to a pension under regulation 17.
On the day after that on which P dies, P's personal representatives become entitled to a lump sum on behalf of P's estate.
The amount of the lump sum is to be determined in accordance with the following formula—
where A is a notional annual rate of pension determined in accordance with regulation 18 as though P had reached normal pension age on the day P died.
Notes on Part 6
Textual amendments
- F1
Words in Pt. 6 heading inserted (1.4.2023) by The Judicial Pensions (Fee-Paid Judges) (Amendment) Regulations 2023 (S.I. 2023/403), regs. 1(1), 28(1)
Modifications
- C1
Pts. 1-11 restricted (10.3.2022 for specified purposes, 1.4.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), ss. 90, 131(1)(2)(f)