Providing death-in-service benefits through registered schemes—pensions considerations

Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Practice notes

Providing death-in-service benefits through registered schemes—pensions considerations

Produced in partnership with Wyn Derbyshire of gunnercooke LLP

Practice notes
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Ways of providing death-in-service benefits

Employers frequently offer their workforce death-in-service benefits (also known as 'life assurance' or 'life cover' benefits). The provision of death-in-service benefits is typically confined to employees (hence the name ‘death in service’), but the employer may in certain circumstances choose to extend the provision of such a benefit beyond retirement.

Employers may provide death-in-service benefits by one of three methods:

  1. by means of a standalone trust-based arrangement which, although a registered pension scheme for the purposes of Part 4 of the Finance Act 2004 (FA 2004), provides only death-in-service benefits—such schemes are commonly referred to as ‘life cover only schemes’, 'death-in-service schemes' or ‘standalone life assurance schemes’

  2. by means of a registered pension scheme (typically an occupational pension scheme) under which the death-in-service benefits form part of the wider benefit structure of the scheme. In this type of arrangement, a scheme member may receive:

    1. both death benefits (including death-in-service benefits) and retirement benefits, or

    2. death-in-service benefits only, eg because the member has elected not

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:
Death benefits definition
What does Death benefits mean?

A benefit that is usually paid to the dependant of pension scheme member if that member dies.

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