{
  "url": "https://openlegislation.uk/teachers-pension-scheme-regulations-2014/regulation-139",
  "json_url": "https://openlegislation.uk/teachers-pension-scheme-regulations-2014/regulation-139.json",
  "legislation": "uksi/2014/512",
  "legislation_title": "The Teachers' Pension Scheme Regulations 2014",
  "legislation_url": "https://openlegislation.uk/teachers-pension-scheme-regulations-2014",
  "path": "regulation/139",
  "kind": "regulation",
  "number": "139",
  "heading": "Death in service grant",
  "text": "(1) A death grant may be paid under this regulation if a member (D) dies in service (“death in service grant”).\n(2) A death in service grant is not payable if—\n(a) D dies while in pensionable service that is not post-benefit service and a retirement pension other than a phased retirement pension becomes payable before D's death; or\n(b) D dies while in a period of post-benefit service and a retirement pension in respect of that period becomes payable before D's death.\n(2A) For the purposes of paragraph (2), an ill-health pension and, if applicable, a total incapacity pension are taken to become payable if—\n(a) before D’s death D made an ill-health application;\n(b) at the same time as D made the ill-health application, D made an application under regulation 171 (commutation of whole pension (serious ill-health)) for commutation of the ill-health pension and, if applicable, a total incapacity pension; and\n(c) following consideration of the applications mentioned in sub-paragraphs (a) and (b), the Secretary of State determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted.\n(3) If D dies while in pensionable service that is not post-benefit service, the amount of the death in service grant is found by—\n(a) multiplying D's annual rate of pensionable earnings as at the date of D's death by 3; and\n(b) deducting the following amounts previously paid to D in respect of pensionable service under this scheme—\n(i) any part of a lump sum under regulation 168 not attributable to additional pension;\n(ii) any short-service serious ill-health grant.\n(4) If D dies while in a period of post-benefit service, the amount of the death in service grant is found by—\n(a) multiplying D's annual rate of pensionable earnings as at the date of D's death by 3; and\n(b) deducting the following amounts previously payable to D under this scheme in respect of both the period of post-benefit service and any previous period of pensionable service—\n(i) any part of a lump sum under regulation 168 not attributable to additional pension;\n(ii) any short-service serious ill-health grant.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 139(1) substituted (retrospective to 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2018 (S.I. 2018/218), regs. 1(2)(b), 3(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 139(2A) inserted (30.11.2017) by The Teachers Pensions Schemes (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1084), regs. 1, 17"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/512/regulation/139",
    "retrieved_at": "2026-10-29T00:24:37.807691+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}