Regulation E21: Supplementary death grant - The Teachers' Pensions Regulations 1997

(1)

Subject to paragraph (5), this regulation applies where a person dies who—

(a)

has become entitled to payment of retirement benefits, and

(b)

is not in pensionable employment.

(2)

If—

(a)

at least 10 years' reckonable service was taken into account in calculating the person’s retirement benefits, and

(b)

the total of the amounts paid in respect of them is less than his average salary,

a supplementary death grant equal to that deficiency or, where regulation E5(3) applies for the calculation of retirement pension, equal to that deficiency multiplied by the appropriate factor, may be paid.

(3)

If—

(a)

less than 10 years' reckonable service was taken into account in calculating the person’s retirement benefits, and

(b)

the amount paid in respect of his retirement pension is less than 5 times the annual rate at which it was payable when he died,

a supplementary death grant equal to that deficiency or, where regulation E5(3) applies for the calculation of retirement pension, equal to that deficiency multiplied by the appropriate factor, may be paid.

(4)

For the purposes of this regulation—

(a)

any amount by which a retirement pension was reduced under regulation E5(3), E9 (avoidance of duplicate pensions) or E14 (abatement of retirement pension during further employment), and any part of a pension allocated under regulation E11, is to be treated as having been paid, and

(b)

a retirement lump sum is to be treated as having been paid without any deduction under these Regulations (including any actuarial reduction under regulation E6(3)).

(5)

This regulation does not apply if the person’s last employment was of a kind described in Part II of Schedule 9 to the 1988 Regulations and, by virtue of regulation E3(1)(b), formed part of the qualifying period for the purposes of regulation E3.

(6)

Where any supplementary death grant is paid under this regulation it is to be paid to the individual nominated by the deceased to receive the grant or, in the absence of such a nomination,

(a)

if the deceased is survived by one widow or by a widower, to the widow or widower,

(b)

if there are two or more widows, to the widows in equal shares, or

(c)

if there is no widow or widower, to the personal representatives.

(7)

Any nomination for the purposes of paragraph (6) shall be made by giving written notice to the Secretary of State.

Regulation E21 Supplementary death grant