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Regulation 4P Statutory underpin: death grantsF1C1

(1)

This regulation applies where—

(a)

an eligible member who is a deferred member or deferred pensioner member of the 2014 Scheme dies; and

(b)

as a result, a death grant becomes payable under regulation 43 of the 2013 Regulations.

(2)

A deferred guarantee amount relating to the eligible member is to be included in the amount the eligible member would have been entitled to receive as retirement pension annually for the purposes of the calculation of a death grant under regulation 43(3) of the 2013 Regulations.

(3)

A deferred guarantee amount is the amount by which the eligible member’s deferred assumed benefits are exceeded by their deferred underpin amount.

(4)

An eligible member’s deferred assumed benefits are calculated by adjusting their provisional assumed benefits to apply any revaluation adjustment or index rate adjustment that would have applied to a deferred benefit in the 2014 Scheme as if the last day of scheme membership was the underpin date.

(5)

An eligible member’s deferred underpin amount is calculated by adjusting their provisional underpin F2amount to apply any amount by which it would be increased if it were a pension to which the Pensions (Increase) Act 1971 applied, which relates to the period—

(a)

beginning with the day after the day on which the final pay period used for the purposes of calculating the eligible member’s final pay under regulations 8 to 11 of the Benefits Regulations ends; and

(b)

ending with date of the eligible member’s death.

Annotations

Textual amendments

F1

Regs. 4A-4V inserted (1.10.2023) by The Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023 (S.I. 2023/972), regs. 1(2), 2(4)

F2

Word in reg. 4P(5) inserted (with effect from 1.10.2023) by The Local Government Pension Scheme (Miscellaneous Amendments) (Member Benefits) Regulations 2026 (S.I. 2026/226), regs. 1(2)(b), 40

Modifications

C1

Regs. 4A-4V restricted (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)(5), 15