40Payment of deceased member’s employer benefit

40 Payment of deceased member’s employer benefit

(1) Subject to Parts 10 and 10A, a deceased member’s employer benefit or a pension is payable as follows: (a) if the deceased member is survived by a spouse with or without an eligible child or children, the employer benefit is payable to the spouse as a lump sum; (b) if the deceased member is not survived by a spouse but is survived by an eligible child or children, a pension is payable to, or for the benefit of, the child or children at an annual rate equal to the relevant percentage in Table 2 in Schedule 4 of the deceased member’s notional invalidity pension; (c) if the deceased member is not survived by a spouse or an eligible child and he or she had notified CSC in writing that: (i) he or she had a person or persons dependent on him or her who would not be eligible to receive benefits as a spouse or eligible child; and (ii) he or she had made provision for that person or those persons in his or her will; the employer benefit is payable to, or for the benefit of, the person or persons as a lump sum; (d) in any other case the employer benefit is payable to the deceased member’s personal representative as a lump sum. (2) A spouse who is entitled to be paid an employer benefit under paragraph (1)(a) may elect that: (a) instead of that employer benefit being paid to him or her, it be converted into a pension payable to him or her at an annual rate equal to the relevant percentage in Table 1 in Schedule 4 of the deceased member’s notional invalidity pension and if he or she so elects the benefit is so converted; or (b) instead of that employer benefit being paid in full to him or her, a specified part of that benefit, being not less than one‑half of the benefit, be converted into a pension payable to him or her at an annual rate equal to the relevant percentage in Table 1 in Schedule 4 of the deceased member’s reduced notional invalidity pension and if he or she so elects: (i) that part of the benefit is so converted; and (ii) the balance of the benefit is payable to him or her as a lump sum. (3) An employer benefits payable under subrule (1) is calculated as if, on the date of the death of the deceased member, he or she had become entitled to invalidity benefits under Division 2 of Part 3 and had been classified as Class A under rule 22. (4) Subrule (3) does not apply where: (a) a member dies and, at the time of his or her death, he or she was absent without leave and had been so absent for a period that exceeds 21 consecutive days; and (b) the salary of the deceased member in respect of the period of absence without leave was forfeited under regulations made under the Defence Act 1903, and an amount equal to the amount of the salary forfeited was not subsequently paid, and is not payable, under those regulations to the deceased member’s personal representative; unless CSC is satisfied that the absence of the member was due to sufficiently mitigating circumstances. (5) In this rule: