Regulation 158 Payment of pension instead of lump sum death grant for members who have reached 75

(1)

This regulation applies if an active member dies after reaching 75.

(2)

The scheme manager must pay a pension under this regulation to any surviving spouse or surviving civil partner of the member.

(3)

If there is no surviving spouse or surviving civil partner, the scheme manager may pay a pension to—

(a)

a surviving adult partner of the member;

(b)

a person nominated by the member under regulation 152; or

(c)

the member's legal personal representative.

(4)

The restrictions in regulation 156 (persons who may be paid lump sum death grant) relating to payment of a lump sum death grant also apply to payment of a pension under this regulation.

(5)

A pension payable under this regulation is payable in respect of each month as from the date of the member's death for the 5 year period beginning with the date of death.

(6)

The amount of each payment of pension must be equal to the sum of—

(a)

the amount of pension that would have been payable to the member had the member—

(i)

become entitled to payment of the pension on the date of death; and

(ii)

lived until the end of the 5 year period beginning with the date of death; and

(b)

any increases in the annual rate of that pension under PIA 1971 during the 5 year period.

(7)

For the purpose of an appeal to the Crown Court under regulation 207 or an appeal to the Secretary of State under regulation 208, a surviving spouse or surviving civil partner of a deceased member is taken to claim payment of a pension under this regulation on the date of the member's death.