# The Teachers' Pension Scheme Regulations 2014, Regulation 139: Death in service grant

Extent: E+W

(1) A death grant may be paid under this regulation if a member (D) dies in service (“death in service grant”).
(2) A death in service grant is not payable if—
(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
(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.
(2A) For the purposes of paragraph (2), an ill-health pension and, if applicable, a total incapacity pension are taken to become payable if—
(a) before D’s death D made an ill-health application;
(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
(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.
(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—
(a) multiplying D's annual rate of pensionable earnings as at the date of D's death by 3; and
(b) deducting the following amounts previously paid to D in respect of pensionable service under this scheme—
(i) any part of a lump sum under regulation 168 not attributable to additional pension;
(ii) any short-service serious ill-health grant.
(4) If D dies while in a period of post-benefit service, the amount of the death in service grant is found by—
(a) multiplying D's annual rate of pensionable earnings as at the date of D's death by 3; and
(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—
(i) any part of a lump sum under regulation 168 not attributable to additional pension;
(ii) any short-service serious ill-health grant.

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Source: https://www.legislation.gov.uk/uksi/2014/512/regulation/139 (the official version)
Page: https://openlegislation.uk/teachers-pension-scheme-regulations-2014/regulation-139
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.