110Payment of benefits on death of Fund member

110 Payment of benefits on death of Fund member

(1)  Except as provided in subregulations (2) and (3) , if a benefit is payable under these regulations on the death of a Fund member, that benefit is to be paid to –

(a) the surviving partner of that Fund member; or

(b) if there is no surviving partner, the person with whom the Fund member was in a caring relationship which was the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003 , which deed was revoked by the death of that Fund member; or

(c) if there is no person referred to in paragraph (a) or (b) , the estate of that Fund member, subject to the production of grant of probate or letters of administration.

(2)  A Fund member may, by notice in writing to the Commission –

(a) elect that in the event of his or her death all or part of the benefit payable on his or her death is to be paid to his or her estate; or

(b) revoke any such election –

and, if the election is in force, subregulation (1) does not apply to any part of the benefit that is subject to the election.

(3)  Subregulation (1) does not apply if a Fund member has elected in writing to the Commission before the commencement of the Relationships Act 2003 to have all or part of a death benefit paid to his or her estate.

(4)  If a benefit that does not exceed $50 000 becomes payable under these regulations following the death of a Fund member and within 3 months after the death the Commission has not received –

(a) a certified copy of the probate of the will, or the letters of administration of the estate, of the deceased Fund member; or

(b) a notice of intention to apply for a grant of probate of the will, or letters of administration of the estate, of the deceased Fund member –