Death in service benefits

Purpose

1.1.The Wycombe District Council Death-in-Service Benefit Arrangement Scheme ("the Scheme") has been effective since 12 November 1985 and is administered in accordance with these Rules as amended from time to time

1.2.The Scheme provides a Life Assurance Benefit in lump sum form on the death of a Member before the Terminal Date as defined in these Rules. The Scheme does not provide any benefit upon a Member's survival to the Terminal Date

1.3.The benefits payable by the Scheme are secured by a Policy issued by Canada Life ("the Assurance Company")

2. Definitions

In these Rules, where the context so admits, the masculine gender shall include the feminine gender and the following definitions, in addition to those set forth in Rule 1, shall apply:-

2.1 "Actively at Work" an Employee or Member is Actively at Work on any day when he actually works at the Employer's business establishment or at some other location where the Employer's business requires him to be, and is deemed to be Actively at Work on a scheduled non-working day if he was Actively at Work until the end of the immediately preceding scheduled working day.

2.2 "Commencement Date" means 12th November 1985.

2.3 "Dependant" means, in relation to a Member, such of the following persons who are living at his death: -

2.3. 1 the Member's spouse or partner,

2.3.2 any child of the Member or of the Member's spouse (including an adopted child, a step-child or any other child for whose maintenance or education the Member or his spouse had accepted financial responsibility),

2.3.3 the Member's parents, parents-in-law, brothers and sisters, brothers and sisters-in-law,

2.3.4 any individual who may at any time have been maintained or partially maintained by the Member,

2.3.5 any individual who is a beneficiary in the I Member's estate,

2.3.6 any other person nominated by the Member

2.4 "Employee" means an individual in the service of the Employer

2.5 "Employer" means Wycombe District Council

2.6 "Member" means an Employee who being eligible for membership of the Scheme in accordance with Rule 4 has entered and remains in the Scheme

2.7 "Scheme Salary" a Salaried Staff Employee -Current Contractual Annual Salary in force at annual revision date (1st April)

2.8 Staff" means an Employee who holds a contract of employment with the Employer.

2.10 "Terminal Date" means the Member's retirement date

2.11 Trustees" mean the persons appointed under trust to administer the Scheme on the Employer's behalf

3. Powers of employer and trustees

3.1 The Employer shall have power: -

3.1.1 by Deed to remove such one or more of the Trustees and to appoint new or additional Trustees of the Scheme,

3.1.2 to modify these Rules in any way provided that the modification does not prejudice approval of the Scheme as an exempt approved scheme under the Finance Act 1970 or any Statutory re-enactment thereof

3.1.3to discontinue payments in respect of the premium for any or all of the policies of insurance held by the Trustees,

3.1.4 to discontinue the Scheme at any time

3.2 The Trustees shall have power:-

3.2.1 to delegate any or all of its powers and discretions to any person or persons on any terms,

3.2.2 to appoint an individual to carry out the duties of Administrator for the purposes of the Finance Act 2004,

3.2.3 with the written consent of the Employer to increase any benefit payable under the Scheme provided that the approval of the Scheme as an exempt approved scheme under the Finance Act 2004 is not prejudiced thereby

4. Eligibility

4.1 Employees of the Employer who are over the age of 16 years and under the age of 65 years are eligible to join the Scheme

4.2 An Employee who is eligible to join the Scheme on the Commencement Date shall become a Member from that date. An Employee not eligible on the Commencement Date or an individual becoming an Employee after the Commencement Date shall become a Member on the date on which he first becomes eligible

4.3 If any Employee is not Actively at Work on the date on which he would otherwise be eligible to join the Scheme his entry into the Scheme shall be deferred until he is Actively at Work 5.

5. Contributions

The Employer shall contribute the entire cost of providing the Life Assurance Benefit

6. Life assurance benefits

6.1 On the death of a Member whilst in the service of the Employer and before the Terminal Date a Life Assurance Benefit of two years (24 months) Scheme Salary at the date of death will be payable

6.2 The Life Assurance Benefit payable under Rule 6.1 shall be held by the Trustees in trust for disposal. The Trustees shall pay this sum to such one or more of the deceased Member's Dependants as the Trustees in their absolute discretion shall decide

6.3 Disposal of the Life Assurance Benefit held in Trust shall take place as soon as possible and in any case not later than two years after the death of the Member 6.4 In the event of the Member dying without having Dependant surviving him the Life Assurance Benefit shall be paid to the legal personal representatives of the Member

7. Temporary absence from work

7.1 If a Member temporarily ceases to be in the Employer's service for either of the I reasons set out in 7.1.1 or 7.1.2 below the Life Assurance Benefit in respect of such a Member shall continue, at the rate in force at the beginning of such absence, during such temporary absence, or for the period as stated, or until the Member is no longer considered by the Employer to be in service in such circumstances or until the Member's Terminal Date (if earlier)

7.1.1 for periods up to 30 consecutive months for reasons of illness, disablement, or statutory leave or for up to three years for any other reason, provided that the Member is still considered by the Employer to be an Employee,

7.1.2 for a period up to 12 consecutive months that the Member is temporarily absent from work for any reason other than as set out in 7.1. 1 above to which the Employer has given his assent and subject to the agreement of the Trustees.