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Death grants
     E20.  - (1) Subject to paragraph (6), if at the time of his death a person - 

(a) was in pensionable employment; or

(b) was paying additional contributions under regulation C6 and C7; or

(c) had, not more than 12 months earlier, ceased to be in pensionable employment while incapacitated,

a death grant shall be paid.

    (2) The amount of a death grant under paragraph (1) shall be twice his average salary less the amount of any retirement lump sum or short service incapacity grant previously paid to him.

    (3) Subject to paragraph (6), if a person who has ceased after 31st March 1972 to be in pensionable employment dies without having become entitled to payment of retirement benefits and - 

(a) the qualifying condition referred to in paragraph (4) is satisfied; and

(b) no death grant could be paid under paragraph (1),

a death grant shall be paid under this paragraph.

    (4) The qualifying condition - 

(a) if he ceased to be in pensionable employment before 2nd November 1998, is that he was entitled to count at least 2 years' reckonable service; and

(b) in any other case, is that he was so entitled and was qualified for retirement benefits,

but where sub-paragraph (a) applies it shall be assumed for the purpose of calculating the death grant that he was qualified for retirement benefits.

    (5) The amount of a death grant under paragraph (3) is the amount that would have become payable by way of retirement lump sum if he had become entitled under regulation E4(2) to payment of retirement benefits, less the amount of any retirement lump sum or short service incapacity grant previously paid to him.

    (6) If a person who has at any time been in pensionable employment dies and - 

(a) no death grant could be paid under paragraph (1) or (3); or

(b) the amount of such a death grant would be smaller and no pension becomes payable under regulation E26 to a surviving spouse or a nominated beneficiary,

a death grant equal to the balance of his contributions, calculated in accordance with regulation C10 as at the date of his death, shall be paid.

    (7) Where any death grant is paid under this regulation it shall 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 that 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.

    (8) Any nomination for the purposes of paragraph (7) shall be made by giving written notice to the Department.

Supplementary death grants
     E21.  - (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 shall 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 shall 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 (abatement of pension during further employment), and any part of a pension allocated under regulation E11 (allocation of part of retirement pension), shall be treated as having been paid; and

(b) a retirement lump sum shall be treated as having been paid without any deduction under these Regulations.

    (5) This regulation does not apply if the person's last employment was of a kind described in Schedule 4 to the 1977 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 shall be paid to the individual nominated by the deceased to receive the grant or in the absence of such 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 Department.

Family benefits generally
     E22.  - (1) Pensions are payable in accordance with regulations E24 to E30 to widows, widowers, children and nominated beneficiaries of persons who die in, or after having been in, pensionable employment.

    (2) References in those regulations to a surviving spouse are references to a widow or widower; but

(a) in the case of a person who has not been in pensionable employment, or paying additional contributions for a current period under regulation C6 or C7 at any time after 5th April 1978, such references, and references to a widow or to a widower, do not include references to a man or woman married by that person after his last day in pensionable employment or, as the case may be, the end of the period for which any such contributions were paid;

(b) subject to paragraph (3), in the case of a woman who has not been in pensionable employment or paying additional contributions for a current period under regulation C6 or C7 at any time after 5th April 1988, such references and references to a widower do not include references to a man married by that woman after her last day of pensionable employment, or as the case may be, the end of the period for which such contributions were paid.

    (3) Where a woman who nominated a person under regulation E23 subsequently marries, paragraph (2)(b) shall have effect with the substitution of "1978" for "1988".

    (4) Where those regulations provide for a pension to be payable to a widow and there are two or more widows, the widows are jointly entitled to the pension.

    (5) References in those regulations to a person's child are to a person who is - 

(a) his legitimate, adopted or illegitimate child; or

(b) accepted by him as a member of the family and wholly or mainly dependent on him,

and who is a child within the meaning given in paragraphs (6) to (8).

    (6) Subject to paragraphs (7), (8), and (10) for the purposes of regulations E23 to E30 a person is a child while he is unmarried and - 

(a) he has not attained the age of 17; or

(b) having attained that age he is receiving full-time education or attending a course of not less than 2 years' full-time training for a trade, profession or calling and he has been receiving such education or attending such course of training or both continuously since having attained that age without a break at any one time of longer than a year; or

(c) having ceased while incapacitated to fall within sub-paragraph (a) or (b), he continues to be incapacitated.

    (7) For the purposes of paragraph (6)(b) a person shall be treated - 

(a) as receiving full-time education up to and including the week which includes the first Monday in January or the first Monday after Easter Monday or the first Monday in September next following the end of the last term in which he received it; and

(b) as not attending a course of training while he is receiving disqualifying remuneration.

    (8) For the purposes of paragraph (7)(b), disqualifying remuneration is remuneration at a rate not less than the annual rate at which an official pension, within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971, would for the time being be payable if it had begun, and first qualified for increases under that Act, on 1st April 1972 and had then been payable at an annual rate of £250.

    (9) References in regulations E24 to E30 to a nominated beneficiary are to a person nominated under regulation E23.

    (10) In paragraph (6)(b) the words "and he has been receiving such education or attending such course of training or both continuously since having attained that age without a break at any one time of longer than a year" shall not apply in relation to a provision to or for the benefit of a child of a person who died before the commencement of these Regulations.

Nomination of beneficiaries
     E23.  - (1) Subject to paragraph (2), an unmarried person ("the appointor") may at any time before retirement benefits have been paid by written notice given to the Department, nominate an eligible person who is wholly or mainly financially dependent on the appointor and who is not a child to receive a pension under regulations E24 to E30.

    (2) A person shall not be eligible to be nominated under paragraph (1) while a previous nomination under this regulation has effect.

    (3) The eligible persons are - 

(a) a parent, brother or sister of the appointor who is not married and is either widowed or has never been married; and

(b) a widowed step-parent of the appointor.

    (4) A nomination under this regulation may be revoked by written notice given to the Department, and if not previously revoked ceases to have effect - 

(a) on the death or marriage (or as the case may be, remarriage) of the person nominated; and

(b) on the marriage of the appointor.

Entitlement to short-term family benefits
     E24.  - (1) Subject to paragraphs (3) and (4), a short-term pension is payable, from the day after that of his death, if a person dies - 

(a) while in pensionable employment; or

(b) during a period for which he is paying additional contributions under regulation C6 or C7; or

(c) within 12 months after ceasing to be in pensionable employment, or to pay such contributions, as a result of ill-health, but before becoming entitled to payment of retirement benefits; or

(d) after becoming entitled to payment of retirement benefits.

    (2) The short-term pension is payable - 

(a) subject to paragraph (4), to any surviving spouse, or if a nomination under regulation E23 had effect at the time of his death, to the nominated beneficiary; or

(b) if the deceased is survived by a child or children of his, to or for the benefit of the child or, as the case may be, the children jointly.

    (3) Where two or more persons confer on the same child or, as the case may be, children, entitlement to a short-term pension, regulation E26(7) shall apply in a like manner to short-term pensions payable by virtue of this regulation.

    (4) No short-term pension is payable - 

(a) to a widower if one is payable to another person as a nominated beneficiary; or

(b) to a nominated beneficiary who, at the date of the death of the deceased, was not wholly or mainly dependent on the deceased;

(c) if there is no surviving spouse, nominated beneficiary or surviving child; or

(d) where paragraph (1)(d) applies, to a person who is not entitled under regulation E26 to a long-term pension.

Amount and duration of short-term family benefits
     E25.  - (1) Subject to paragraph (2), the annual rate of a short-term pension under regulation E24 - 

(a) if regulation E24(1)(a) or (c) applies, is the annual rate of the deceased's contributable salary on his last day in pensionable employment, disregarding any reduction by reason of sick leave or maternity leave;

(b) if regulation E24(1)(b) applies, is the annual rate, at the time of his death, of the notional salary described in regulation C6(7) or, as the case may be, C7(4);

(c) if regulation E24(1)(d) applies, is the annual rate, at the time of his death, of his retirement pension; and

(d) if regulation E24(1)(a) and (d) both apply, is the total of the rates specified in sub-paragraphs (a) and (c).

    (2) If - 

(a) the short-term pension is payable to a surviving spouse; and

(b) the annual rate calculated in accordance with paragraph (1) is less than that of a long-term pension to which the surviving spouse is prospectively entitled under regulation E26,

the annual rate of the short-term pension is the same as that of the long-term pension.

    (3) The duration of the short-term pension payable shall be determined from the following Table and, in that Table "adult pension" means a short-term pension payable to the spouse or nominated beneficiary.


TABLE

Category	Person falling within regulation E24(2)	Duration of pension (months)
1	Spouse or nominated beneficiary.	3
2	One child or more where an adult pension is payable	3
3	One child or more where no adult pension is payable.	6

Entitlement to long-term family benefits
     E26.  - (1) Long-term pensions are payable in accordance with paragraph (2) if a person dies who - 

(a) has been in pensionable employment at any time after 31st March 1972; and

(b) has relevant service within the meaning of regulation E27 amounting to at least 2 years,

but in the case of a person who ceased to be in pensionable employment before 6th April 1988 sub-paragraph (b) has effect with the substitution for "2 years" of "5 years".

    (2) If paragraph (1) applies - 

(a) subject to paragraph (3) a long-term pension is payable to any surviving spouse;

(b) if a nomination under regulation E23 had effect at the time of the death, a long-term pension is payable to the nominated beneficiary provided that at the date of death of the deceased the nominated beneficiary was wholly or mainly dependent on the deceased; and

(c) if a pension is payable under sub-paragraph (a) or (b) and the deceased is survived by a child or children of his, a long-term pension is payable to or for the benefit of the child or, as the case may be, the children jointly.

    (3) Subject to paragraph (5), unless family benefit contributions have, or are to be treated as having, been paid under Part II of Schedule 6, no long-term pension is payable to a widower if one is payable to another person as a nominated beneficiary.

    (4) If when a person dies paragraph (2) does not apply but he - 

(a) has been in pensionable employment at any time after 31st March 1972;

(b) is qualified for retirement benefits; and

(c) is survived by a child or children of his,

a long-term pension is payable to or for the benefit of the child or, as the case may be, the children jointly.

    (5) Subject to paragraph (6), if neither paragraph (2) nor paragraph (4) applies but the deceased had a guaranteed minimum in relation to benefits under these Regulations and leaves a surviving spouse, a long-term pension is payable to the surviving spouse.

    (6) If a contributions equivalent premium is paid by the Department, paragraph (5) shall be treated as not having applied.

    (7) Where two or more persons, by virtue of this regulation, confer on the same child or, as the case may be, children entitlement to a long-term pension, the child or, as the case may be, children shall be entitled to receive payment of the long-term pension in respect of not more than two persons; but where entitlement derives from the relevant service of three or more persons, the child, or, as the case may be, children shall be entitled to receive payment of the long-term pension in respect of the two persons which by virtue of their relevant service provide pensions of the largest amounts.

Relevant service
     E27.  - (1) In the case of a man, and in the case of a woman in relation to a nominated beneficiary or a widower on whose marriage to her a nomination ceased to have effect, relevant service comprises, subject to paragraph (3) - 

(a) any period of pensionable employment after 31st March 1972;

(b) any period beginning after that date for which additional contributions have been paid under regulation C6 or C7;

(c) any period for which additional contributions have been paid under regulation C3 or C5(1) in accordance with an election made after 31st March 1974;

(d) if a transfer value has been received in respect of comparable service, the period that would, immediately before its receipt, have counted for family benefits in the relevant superannuation scheme;

(e) any period counting as reckonable service by virtue of the receipt of any other transfer value under regulation F4 or under the Teachers' Superannuation (Added Years and Interchange) Regulations (Northern Ireland) 1974[22];

(f) any period in respect of which family benefit contributions have, or are to be treated as having, been paid under Part I of Schedule 6; and

(g) in the case of a member, so much of his credited service as does not exceed the total of his normal service and any additional period, and in addition any period that fell to be calculated in accordance with paragraph 7(3) of Schedule 6.

    (2) In relation to a widower not falling within paragraph (1), the deceased's relevant service comprises, subject to paragraph (3) - 

(a) so much of the periods described in paragraph (1)(a), (b) and (d) as consists of, or is attributable to, service after 5th April 1988; and

(b) any period for which additional contributions have been paid under regulation C3 in accordance with an election made after 17th November 1988; and

(c) any period in respect of which family benefit contributions have, or are to be treated as having, been paid under Part II of Schedule 6; and

(d) if the deceased entered pensionable employment after 5th April 1988, and a transfer value offered in respect of him was accepted under regulation F4, any period counting as reckonable service by virtue of the receipt of the transfer value.

    (3) Relevant service does not include any contributions refund period.

Notes

[22] S.R. 1974 No. 185, revoked by S.R. 1977 No. 260back

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