46Child’s benefit upon death of spouse

46 Child’s benefit upon death of spouse

(1) Where a spouse of a deceased member, being a spouse who: (a) is in receipt of a spouse’s pension; and (b) has an eligible child or children; dies, 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 of Schedule 4 of the deceased person’s notional pension. (2) In this rule:

deceased person has the same meaning as in Part 5 of Schedule 1.

deceased person’s notional pension means:

(a) where the spouse was in receipt of a pension under subrule 40(2)—the deceased person’s notional invalidity pension, or reduced notional invalidity pension on the date of the member’s death; or
(b) where the spouse was in receipt of a pension under subrule 42(1)—the deceased person’s pension on the date of the member’s death;

as if the rate of that pension had been increased from time to time in accordance with Division 2 of Part 6.

notional invalidity pension and reduced notional invalidity pension have the same respective meanings as in rule 40.