Pension payable on death—who is a dependant, nominee or successor?

Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Practice notes

Pension payable on death—who is a dependant, nominee or successor?

Produced in partnership with Wyn Derbyshire of gunnercooke LLP

Practice notes
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Types of death benefits payable

There are two types of scheme benefits payable on a member’s death:

  1. pension death benefits, and

  2. lump sum death benefits

Until 5 April 2015, under the pension death benefit rules of the Finance Act 2004 (FA 2004), s 167, a pension death benefit could only be paid to a dependant of a member if it was to be an authorised payment. The term ‘dependant’ is defined in FA 2004 Sch 28 Pt 2 para 15.

From 6 April 2015, a pension death benefit may be paid not only to a dependant of a deceased member but also to a nominee or successor and still qualify as an authorised payment. The term 'nominee' is defined in FA 2004 Sch 28 Pt 2 para 27A while the term 'successor' is defined in FA 2004 Sch 28 Pt 2 para 27F.

More specifically, the following pension death benefits may be payable:

  1. a dependant’s scheme pension—this is payable from both a defined benefits arrangement and a money

Wyn Derbyshire
Wyn Derbyshire

Partner, gunnercooke LLP


Wyn is a partner at gunnercooke LLP and specialises in pensions, trust and employment law in all industry sectors, dealing with the transactional, advisory and documentation aspects.

He also has wide experience of the pensions implications of heavyweight corporate transactions and flotations, the issues arising from the establishment and merger of pension schemes, and sex equalisation and other discrimination issues in respect of benefits provided by pension schemes. In addition, he provides advice to pension scheme trustees generally.

Recent transactions include advising Amcor on pension matters relating to the acquisition of Alcan business and the acquisition of Northern Foods PLC by Boparan Holdings.

He is a co-author (with Stephen Hardy and Stephen Maffey) of TUPE: Law and Practice, published by Spiramus Press (now in its 4th edition), and co-author (with Stephen Hardy and David Wicks) of Money & Work, published by Spiramus Press in August 2007. He has also written several other books and numerous articles on a variety of legal and non-legal topics.

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Jurisdiction(s):
United Kingdom
Key definition:
Dependant definition
What does Dependant mean?

An individual who is eligible to receive retirement benefits, i.e. pension and/or lump sum, following the death of a pension scheme member.

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