48Payment of balance of benefit where pension becomes payable to child in certain cases

48 Payment of balance of benefit where pension becomes payable to child in certain cases

(1) Where a pension becomes payable to, or for the benefit of, an eligible child or children of a deceased member under paragraph 40(1)(b) or a deceased former member under paragraph 54(2)(b), an amount equal to the amount (if any) by which the employer benefit of the deceased member or deceased former member (as the case may be) exceeds the amount that CSC determines to be the capital value of the pension payable to, or for the benefit of, the child or children is payable in accordance with subrule (4). (1A) Where: (a) a pension becomes payable to, or for the benefit of, an eligible child of a deceased member or deceased former member under rule 46; and (b) the deceased spouse’s pension was payable under paragraph 40(1)(a) or 54(2)(a); and (c) the employer benefit converted into that pension included all or part of the funded employer benefit; an amount equal to the amount (if any) by which the funded employer benefit of the deceased member or deceased former member (as the case may be) exceeds an amount equal to the sum of: (d) the amounts of pension paid to the spouse of the deceased member or deceased former member and to, or for the benefit of, his or her child or children, since he or she last ceased to be a member; and (e) the amount of the funded employer benefit (if any) paid to the deceased spouse as a lump sum; and (f) the amount that CSC determines to be the capital value of the pension payable to, or for the benefit of, the child or children; is payable to the deceased spouse’s personal representative. (2) Where a pension becomes payable to, or for the benefit of, an eligible child or children of a deceased retirement pensioner (other than an invalidity pensioner) under subrule 42(3), an amount equal to the amount (if any) by which the funded employer benefit of the deceased retirement pensioner exceeds an amount equal to the sum of: (a) 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; and (b) the amount that CSC determines to be the capital value of the pension payable to, or for the benefit of, the child or children; is payable in accordance with subrule (4). (2A) Where: (a) a pension becomes payable to, or for the benefit of, an eligible child of a deceased retirement pensioner (other than an invalidity pensioner) under rule 46; and (b) the deceased spouse’s pension was payable under subrule 42(1); and (c) the employer benefit converted into the deceased retirement pensioner’s pension included all or part of the funded employer benefit; an amount equal to the amount (if any) by which the funded employer benefit of the deceased retirement pensioner exceeds an amount equal to the sum of: (d) the amounts of pension paid to the deceased retirement pensioner, to 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; and (e) the amount of the funded employer benefit (if any) paid to the deceased retirement pensioner as a lump sum; and (f) the amount that CSC determines to be the capital value of the pension payable to, or for the benefit of, the child or children; is payable to the deceased spouse’s personal representative. (3) Where a pension becomes payable to, or for the benefit of, an eligible child or children of a deceased invalidity pensioner under subrule 42(3), an amount equal to the amount (if any) by which the employer benefit of the deceased pensioner exceeds an amount equal to the sum of: (a) 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; and (b) the amount that CSC determines to be the capital value of the pension payable to, or for the benefit of, the child or children; is payable in accordance with subrule (4). (3A) Where a pension becomes payable to, or for the benefit of, an eligible child of a deceased invalidity pensioner under rule 46, an amount equal to the amount (if any) by which the employer benefit of the deceased invalidity pensioner exceeds an amount equal to the sum of: (a) the amounts of pension paid to the deceased invalidity pensioner, to 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; and (b) the amount that CSC determines to be the capital value of the pension to be payable to, or for the benefit of, the child or children; is payable to the deceased spouses’s personal representative. (4) Where an amount is payable under subrule (1), (2) or (3): (a) if the deceased person 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 amount is payable to, or for the benefit of the person or persons as a lump sum; or (b) in any other case, the amount is payable to the deceased person’s personal representative as a lump sum. (5) In determining the capital value of a pension under this rule, CSC must obtain, and have regard to, the advice of an actuary.