Regulation E20 Supplementary death grants

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

regs.E19(7), E20(6) amended by Teachers' Superannuation 1993 reg.13
reg.£21(6) amended by Teachers' Superannuation 1993 reg.14
reg. and 14(3)(b) amended by Teachers' Superannuation 1997 reg.11(a)(b)
reg.E20(2)(3) amended by Teachers' Superannuation 1997 reg.14(a)
reg.E20(4) amended by Teachers' Superannuation 1997 reg.14(b)
reg.E20(4A) added by Teachers' Superannuation 1997 reg.14(c)
reg.E20(6) amended by Teachers Superannuation 1994 reg.15
reg. E20 amended by Teachers' Superannuation 1989

(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 his 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 may be paid.

(3)

If—

(a)

less than 10 years' reckonable service was taken into account in calculating his retirement benefits, and

(b)

the amount paid in respect of his 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 may be paid.

(4)

For the purposes of this regulation—

(a)

any amount by which a pension was reduced under regulation E9 (avoidance of duplicate pensions) or E14 (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.

(5)

This regulation does not apply if—

(a)

the person’s last employment was of a kind described in Part II of Schedule 9 and formed part of the qualifying period for the purposes of regulation E3, or

(b)

his average salary service for the purposes of regulation E29 included a period of a kind described in paragraphs 5 to 8 of Schedule 9.

(6)

Any death grant under this regulation may be paid to the deceased’s widow or widower or, if there is no widow or widower, to the personal representatives.