Regulation 69 Death in service before end of contributions payment period

England and Wales

(1)

This regulation applies on the death of a member (D)—

F1(a)

whose additional pension election is for—

(i)

an additional (self only) pension; or

(ii)

an additional (self only) pension and an additional (survivor’s) pension; and

(b)

who dies while an active member before the end of the contributions payment period for that election.

(2)

If D dies before the end of the refund period—

(a)

the amount of the contributions paid by D must be repaid to D's F2personal representatives; F3and

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

the additional pension account must be closed.

(3)

If D dies after the end of the refund period—

(a)

the periodic payments cease to be payable as at the date of D's death; and

(b)

paragraph (4) applies.

(4)

For the purpose of calculating a survivor's pension—

(a)

if the scheme manager believes that the declaration that accompanied the additional pension election was made in good faith—

(i)

the periodic payments under the additional pension election are treated as being paid until the end of the contributions payment period for the election; and

(ii)

the amount of accrued additional pension calculated is under paragraph 28 of Schedule 9 as at the date of D's death;

(b)

if the scheme manager has reasonable grounds to believe that declaration was not made in good faith, paragraph (2)(a) to (c) applies.

Annotations

Textual amendments

F1: Reg. 69(1)(a) substituted (with effect in accordance with reg. 1(2)(a) of the amending S.I.) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 37(2)
F2: Word in reg. 69(2)(a) inserted (1.4.2017) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 37(3)(a)(i)
F3: Word in reg. 69(2)(a) inserted (1.4.2017) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 37(3)(a)(ii)
F4: Reg. 69(2)(b) omitted (1.4.2017) by virtue of The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 37(3)(b)