46Pensions in respect of children and orphans

46 Pensions in respect of children and orphans

46 Pensions in respect of children and orphans

(1) In this clause—

dependent child, in relation to a deceased transferred contributor, means—

(a) a child of that contributor who has not attained 16 years of age, or

(b) a child of that contributor, who has attained 16 years of age but not 25 years of age and who is, in the opinion of the Board, receiving full-time education at a school, college or university and not ordinarily employed or engaged in working for remuneration,

and who in either case was, in the opinion of the Board, wholly or substantially dependent on the transferred contributor immediately before that contributor’s death.

notional pension, in relation to the spouse or de facto partner of a deceased transferred contributor or pensioner, means—

(a) where the spouse or de facto partner is entitled to receive the pension provided by clause 41 (employer-financed pension—normal retirement with reversion), the pension that would have been payable to the deceased if he or she had elected to take the pension so provided and had lived, or

(b) where the spouse or de facto partner is entitled to receive the pension provided by clause 44 (employer-financed pension—spouse or de facto partner), the pension that would have been payable to the deceased if he or she had suffered total and permanent invalidity instead of death and had elected to take the pension provided by clause 43 (employer-financed pension—invalidity with reversion).

pensioner means a person entitled to receive a pension payable in accordance with clause 15 (pension rights—exit after age 60), clause 16 (pension rights—total and permanent invalidity) or clause 17 (pension rights—death).

transferred contributor means a person who has become a contributor by virtue of clause 3 of Schedule 3 to the current Act (savings and transitional provisions) after having become a contributor to the earlier Fund by virtue of the operation of Schedule 6 to the earlier Act (transitional provisions—Local Government Pension Fund).

(2) The provisions of this clause apply to the spouse or de facto partner of a deceased pensioner in the same way as they apply to the spouse or de facto partner of a deceased transferred contributor.

(3) If a transferred contributor or a pensioner dies leaving a dependent child, the Board shall—