Paragraph 36B Survivor’s missed pension lump sum grantF1
This article applies where a person—
is eligible to apply for a missed pension lump sum grant under article 36A and an application has been made under article 36A(7), and
is not eligible to apply for an additional death grant under article 35C.
A survivor’s missed pension lump sum grant is payable to the person identified in paragraph (1).
Any application for a grant under this article must—
be made in writing to the Board;
be made—
where the deceased was married or a member of a civil partnership at the time of his death, by his spouse or civil partner, or
subject to paragraph (4), where the deceased was not married or a member of a civil partnership at the time of his death, or where his spouse or civil partner has died since the deceased’s death, by a child of the deceased, and
confirm that the applicant is not eligible to apply for an additional death grant under article 35C.
A person is not eligible for a child’s missed pension lump sum grant under this article if the person would not have been eligible for a child’s pension by virtue of anything in article 29 (child’s pension: limitations and duration) of Part 4 at the time of the death of the deceased.
The amount of the payment under this article must be calculated in accordance with the formula—
where—
A is the amount of pensionable pay the Board determine that the deceased received in his last year of service, and
B is the number of completed years (which has the meaning in article 60(2) (calculation of pensionable service) of Part 10) during which the deceased was employed as a retained firefighter in the period before the end date of the deceased’s extended limited period (the “relevant period”), as determined by the Board.
The Board must determine the period of the deceased’s service during the relevant period from its records.
Where the Board is not able to determine the period of the deceased’s service during the relevant period from its records, the applicant may provide the Board with documents to assist it to determine the deceased’s period of service during the relevant period and the Board must determine the period of the deceased’s service from those documents.
Where the Board is not able to determine the period of the deceased’s service during the relevant period and the Board does not hold records of the deceased’s pay for that period, and the applicant cannot provide the Board with the necessary documents, the Board may estimate the deceased’s pensionable pay for that period from the records which it holds and may, in particular, estimate the deceased’s pensionable pay on the basis of the average of recent pay data for retained firefighters at the same station or stations as those at which the deceased was based for the relevant period.
Where the Board has estimated the pay of the deceased in accordance with paragraph (8), the Board must determine the deceased’s period of pensionable service during the relevant period.
Where the deceased’s service was as a retained firefighter, the Board must determine the deceased’s retained pensionable service during the relevant period by calculating the same proportion of whole-time service as that which his actual pensionable pay or, as the case may be, his pensionable pay as estimated by the Board under paragraph (8), bears to his reference pay for each year of service during that period.
If no information is provided under paragraph (7) and no records are available, the Board must determine the amount of the deceased’s pensionable pay based on the assumption that the deceased’s retained pensionable pay for the period was equal to 25% of the pensionable pay of a whole-time regular firefighter employed in a similar role with equivalent qualifying service.
The Board must use reasonable endeavours to notify all persons who may be entitled to a survivor’s missed pension lump sum payment that they may be so entitled as soon as possible and, in any event, before 1 September 2027.
Subject to paragraph (14), an application under paragraph (3) must be made to the Board before 1st September 2027.
Where a person did not receive a notification from the Board under paragraph (12), despite the Board using reasonable endeavours to notify eligible persons as required by that paragraph, an application under paragraph (3) may be made on or after 1st September 2027.
Where the Board decide that a survivor’s missed pension lump sum payment is payable, the Board must pay the survivor’s missed pension lump sum grant during the period of three months beginning with the date on which the application for the payment was received.