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Regulation E3 Death grant: pensioners with 10 years' or more membership

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If at the time of his death a person—

(a)

was entitled to receive payments in respect of a retirement pension calculated by reference to a period of membership of 10 years or more (other than a pension under regulation D17 or D19), or

(b)

would have been so entitled but for the operation of Schedule D5 (re-employed pensioners),

his personal representatives are entitled to receive a lump sum death grant.

(2)

Where the deceased became entitled to the retirement pension otherwise than by virtue of regulation D9 or D11, the amount of the death grant is the greater of—

(a)

the deceased’s pensionable remuneration, and

(b)

three eightieths of his pensionable remuneration, multiplied by the length in years of the period of membership taken into account in calculating his retirement pension,

reduced by the total of—

(i)

any retirement grant paid to him,

(ii)

any payments which were or, apart from any reduction under regulation H2 (national insurance) or Schedule D5 (re-employed pensioners) or partial surrender under regulation D14, would have been made to him in respect of retirement pension, and

(iii)

if a surviving spouse’s long-term pension is payable under Part F, the appropriate amount to be deducted under regulation E5.

(3)

Where the deceased became entitled to the retirement pension by virtue of regulation D9 or D11, the amount of the death grant is the greater of—

(a)

the amount mentioned in paragraph (2)(b) (less the relevant deductions), and

(b)

such proportion of the amount of the deceased’s pensionable remuneration (after subtracting the amount of the relevant deductions) as the length in years of the period of membership taken into account in calculating his retirement pension bears to the length in years of the period of membership he would have had at his NRD.

(4)

In paragraph (3) “the relevant deductions” means the sum of—

(a)

the amount that would be the appropriate amount under regulation E5(2) or (3) if that regulation applied, and

(b)

the total of any payments made to him in respect of retirement pension and retirement grant.