Pensions to survivors in cases of suicide and the death of officers
Freedom of information request reference no: 01.FOI.24.038394
I note you seek access to the following information:
I seek information regarding
(i) the payment of PPS benefits to 'survivors' (widow, widower, civil partner and children) in circumstances where an officer is suspected of killing himself, and
(ii) the Qualifying Service of dead officers.
- Please provide a copy of any death in service benefit clause that states that benefits shall not be payable if the officer's death resulted from a wilful act.
- Please provide the guidance used to determine whether benefits to survivors are payable in cases of suicide/suspected suicide.
- Please include details of any delay that arises in paying benefits to survivors in a case of suspected suicide. For example, do you wait for the coroner's verdict?
The Police Pension Scheme 2015 Members’ Guide states:
If you die whilst an Active Member, and have at least two years’ Qualifying Service, your spouse or civil partner is entitled to a pension when you die. The pension payable is 50% of the ill-health pension that you would have received if you had been permanently medically unfit for regular employment at the time of your death.'
The Guide suggests that when officers die, you retain a record of their Qualifying Service. - For the last ten officers who died and who had spouses or civil partners, please provide
(i) the year of their death and
(ii) the length of their Qualifying Service.
Decision
I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:
Section 38 - Health and Safety
Reason for decision
I have today decided to disclose the answers to questions 1 – 3.
Data for question 4 has been withheld as it is exempt from disclosure
Section 38(1)(a) - Health and Safety - In assessing your request, I have evaluated the harm that release of the requested information would cause. When an individual passes away, the sense of loss and distress caused to the family cannot be overstated. In processing any information connected to the death of staff, the MPS has a duty of care to the family and must not take any action that would unnecessarily cause the family of the deceased any further distress. Releasing the information asked here could lead to the families and friends of the deceased being subjected to unsolicited approaches by the media. The public release of this information could also lead to journalists and/or others forcing family members and friends to re-live their loss in the public eye.
When an individual dies, the family of the deceased are likely to be distressed for a considerable period of time. This sense of loss can extend to the wider family and to close friends. The MPS has an ongoing duty of care to the families of the deceased.
The public release of the year of death and the length of their qualifying service for the last ten officers and who also had spouses or civil partners could lead to the families of the deceased being identified (through the piecing together of other available information) and subjected to unsolicited approaches by persons interested in the facts of each case. These family members may wish to retain their anonymity.
It is also possible that the release of this information could lead to persons forcing family members and friends to re-live their loss. Ultimately the public release of the information asked would be insensitive, risk distress to the family members and friends of the deceased and may result in a loss of confidence in the MPS to protect the well-being of the families and friends of homicide victims.
When a request for information is made, I must determine whether exemptions should be claimed and in the case of exemptions that are qualified, establish whether release is in the public interest. Having considered your request, I have claimed Section 38 (Health and Safety) of the Act as the release of requested information would be likely to adversely affect the mental well-being of the victim’s family and close friends.
Having carefully considered your request, I have found that the release of information that could cause distress to the families of the deceased, to be a particularly persuasive reason to refuse your request. On balance, I believe that this public interest factor supports refusing your request. For this reason, I have refused your request for information.
Disclosure
I seek information regarding
(i) the payment of PPS benefits to 'survivors' (widow, widower, civil partner and children) in circumstances where an officer is suspected of killing himself, and (ii) the Qualifying Service of dead officers.
Q1 - Please provide a copy of any death in service benefit clause that states that benefits shall not be payable if the officer's death resulted from a wilful act.
There are no death in service benefit clause that states that benefits shall not be payable if the officer's death resulted from a wilful act.
Q2 - Please provide the guidance used to determine whether benefits to survivors are payable in cases of suicide/suspected suicide.
There is no such guidance.
Q3 - Please include details of any delay that arises in paying benefits to survivors in a case of suspected suicide. For example, do you wait for the coroner's verdict?
Suicides are dealt no differently to other deaths.
The Police Pension Scheme 2015 Members’ Guide states:
'If you die whilst an Active Member, and have at least two years’ Qualifying Service, your spouse or civil partner is entitled to a pension when you die. The pension payable is 50% of the ill-health pension that you would have received if you had been permanently medically unfit for regular employment at the time of your death.'
The Guide suggests that when officers die, you retain a record of their Qualifying Service.
Q4 - For the last ten officers who died and who had spouses or civil partners, please provide
(i) the year of their death and
(ii) the length of their Qualifying Service.
This information is exempt by virtue of Section 38 of the Freedom of Information Act, governing Health and Safety.