Regulation 156 Death gratuity - estateI1

Scotland

(1)

This regulation applies in relation to a member of this scheme—

(a)

who dies as a deferred member or pensioner member of this scheme if the death results from an injury received in the execution of duty; or

(b)

who dies as a pensioner member of this scheme if the member dies within 2 years after becoming a pensioner member.

(2)

If the sum of the amounts in paragraph (3) is less than the sum of all member contributions and payments for added pension made by the member under this scheme, the scheme manager must pay to the member’s executors a gratuity equal to the difference.

(3)

The amounts are—

(a)

any amount of pension or lump sum paid to the member in relation to the period of service, together with any increase under PIA 1971;

(b)

the capitalised value (determined by the scheme manager in accordance with actuarial tables) of any surviving adult’s pension or eligible child’s pension granted in respect of the member’s death;

(c)

if the member is also a pension credit member, the actuarial value of any pension credit; and

(d)

any gratuity granted under regulation 155 (death gratuities - dependants) in respect of the member’s death.

(4)

For the purpose of an appeal to the sheriff under regulation 197 or an appeal to a tribunal under regulation 198, a claim for payment of a gratuity under this regulation is taken to be made on the date of the member’s death.

Annotations

Commencement

I1: Reg. 156 in force at 1.4.2015, see reg. 1