Bereavement 

On this page:

  • Find out what happens when a member who is eligible for 2015 Remedy dies
  • Information for spouses, dependant children and eligible decision makers
  • Information about eligible decision makers

Telling us someone has died 

When a pension scheme member dies, their surviving family or dependants might be entitled to payments or pensions. We’ll check if:  

  • there are any death benefits payable  
  • the member was eligible for 2015 Remedy
  • the member has already made a 2015 Remedy choice about their pension benefits 

and send the relevant claim forms to the beneficiary or personal representative.  

If they need to make a 2015 Remedy choice as part of the claim, we’ll ask the personal representative to choose between final salary benefits and CARE benefits for service between 1 April 2015 and 31 March 2022. This is called the Remedy period. 

To help them decide, we’ll send a choice letter, known as a Remediable Service Statement (RSS). 

Find out more about telling us someone has died

Information for spouses, dependant children and eligible decision makers

If a member who was eligible for the McCloud Remedy 2015 has died before making their remedy choice, a Remediable Service Statement (RSS) will be issued to allow a decision to be made on their behalf. This will either be sent to the surviving spouse, a dependant child aged 18 or over, or the appropriate eligible decision maker where there is no surviving spouse and the dependant children are under the age of 18.

About the McCloud Remedy and the Remedy Period

The Remedy period covers pensionable service between 1 April 2015 and 31 March 2022. For this period, a choice must be made between:

  • The legacy Police Pension Scheme benefits (final salary), and
  • The reformed Police Pension Scheme 2015 benefits (CARE).

This applies to all eligible members, including those who previously had transitional or protected status.

What is a Remediable Service Statement (RSS)?

The RSS is a formal choice document issued by the SPPA. It shows pension benefits side by side for the Remedy period and explains the impact of each option on the member and survivor benefits, including the spouse’s pension and any child allowance or dependant pension payable.

What you need to do?

• Review the RSS carefully.
• Consider how each option affects survivor benefits.
• Complete and return the remedy choice form to the SPPA by the date shown.

Death benefits 

For further information about the death benefits payable from each of the Police Pension Schemes, please visit Police Pension Death Benefits | SPPA

Eligible decision maker

Support and guidance

The RSS contains important information to help you make your choice. We’ve tried to make it as easy as possible to understand by laying it out in sections. The introductory letter explains why you are getting a choice and when this needs to be sent to the SPPA. Complete the choice form with your decision only ticking the boxes to show your choice and send this to the SPPA.

As soon as your decision has been processed by the SPPA, we will send you a confirmation letter. We aim to process your decision within six to eight weeks of receipt of your Remedy choice. Depending on when your pension is processed, this may not be the next payment you are due to receive. As we are processing large volumes, there may be unavoidable delays but we will try to keep this to a minimum. 

The SPPA cannot provide financial advice. If you need help with your decisions, consider talking to a professional financial adviser.

What is an eligible decision maker?

An eligible decision maker is the person authorised under pension scheme regulations to choose between legacy scheme benefits and 2015 reformed scheme benefits where the member died before making their choice.

Depending on the circumstances, the eligible decision maker may be:

  • a beneficiary (such as a surviving spouse, civil partner, or dependant child)
  • the personal representative of the deceased member’s estate 
  • the pension scheme itself, where no suitable individual is available

Personal representatives in Scotland

In Scotland, a personal representative is the individual legally responsible for administering the deceased person’s estate. There are two types:

  • Executor Nominate: An executor nominate is appointed where the deceased left a valid will and named the executor in that will.
  • Executor Dative: An executor dative is appointed by the Sheriff Court where the deceased died without a valid will. Typically, a close relative applies for this role.

Both executor nominate and executor dative have the same legal authority and may act as the eligible decision maker where required by scheme rules.

Who is the eligible decision maker in different situations?

Single adult beneficiary

Where there is one adult beneficiary receiving (or about to receive) death benefits, that individual is the eligible decision maker, whether or not they are also the executor.

Single child beneficiary

Where there is one child beneficiary, the eligible decision maker is the child’s legal parent or legal guardian. In Scotland, this may include a guardian appointed by the Sheriff Court.

Multiple adult beneficiaries

Where two or more adults are beneficiaries, the eligible decision maker is determined in the following order of priority:

  • A surviving spouse, civil partner, or qualifying life partner
  • An adult child or another person agreed upon by the adult children
  • The pension scheme, where agreement cannot be reached
Multiple children

If all children live in the same household, the legal parent or guardian is the eligible decision maker. If children live in different households, the eligible decision maker is normally the executor, or the pension scheme if no executor exists.

Adults and children

Where both adult and child beneficiaries exist, priority is usually given to:

  • The personal representative of the estate
  • The surviving spouse, civil partner or qualifying life partner
  • A parent, guardian, or agreed representative of the children

If no suitable person is available or agreement cannot be reached, the pension scheme will act as the decision maker.

Estate as sole beneficiary

If benefits are payable only to the estate, the executor (nominate or dative) is the eligible decision maker. If no executor is in place, the pension scheme may act temporarily.

What happens if no eligible person is available?

Where there is no personal representative, no agreement between beneficiaries, or no legally authorised individual available, the pension scheme itself becomes the eligible decision maker and will act in accordance with scheme rules and legislation.

 

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