43Final benefit payable in relation to deceased retirement pensioner

43 Final benefit payable in relation to deceased retirement pensioner

(1) Where a retirement pensioner dies not later than 10 years after his or her pension became payable to him or her and he or she is not survived by a spouse or eligible child to whom, or for the benefit of whom, benefits are payable under this Division, an amount equal to: (a) where the deceased retirement pensioner was an invalidity pensioner immediately before the pensioner’s death: (i) the amount (if any) by which the deceased invalidity pensioner’s employer benefit exceeds the amount of pension paid to the deceased invalidity pensioner since he or she last ceased to be a member; or (ii) the amount of pension which would have been paid to the invalidity pensioner (if he or she had not died) from the date of his or her death until the expiration of a period of 10 years after the invalidity pensioner’s pension became payable to him or her; whichever is the less; or (b) in any other case—the amount (if any) by which the deceased retirement pensioner’s funded employer benefit exceeds the amount of pension paid to the deceased retirement pensioner since he or she last ceased to be a member; is payable as a lump sum as follows: (c) if the deceased member 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 lump sum is payable to, or for the benefit of, the person or persons; (d) in any other case the lump sum is payable to the deceased member’s personal representative. (2) Where a retirement pensioner dies; and (a) he or she is survived by a spouse to whom a pension is payable under this Division; and (b) the spouse dies not later than 10 years after the retirement pensioner’s pension became payable to him or her and is not survived by an eligible child; there is payable to the deceased spouse’s personal representative as a lump sum an amount equal to: (c) where the deceased retirement pensioner was an invalidity pensioner—the amount (if any) by which the deceased invalidity pensioner’s employer benefit exceeds the total of the amounts of pension paid to the deceased invalidity pensioner and his or her spouse, and to, or for the benefit of, his or her child or children, since he or she last ceased to be a member; or (d) in any other case—the amount (if any) by which the deceased retirement pensioner’s funded employer benefit exceeds the total of the amounts of pension paid to the deceased retirement pensioner and his or her spouse and to, or for the benefit of, his or her child or children, since he or she last ceased to be a member. (3) In calculating for the purposes of this rule the period after a pension became payable to a person, any period during which the pension was not payable to the person is disregarded. (4) This rule does not apply in relation to a deceased retirement pensioner who elected under rule 65A not to have his or her funded employer benefit included in the employer benefit that was converted into his or her pension.