44Benefits for partner, children and adult children on death of member before retirement

44 Benefits for partner, children and adult children on death of member before retirement

S. 44(1) amended by No. 9978 s. 14(1).

(1) On the death of a member before retirement, there shall be paid subject to section 28—

S. 44(1)(a) amended by Nos 110/1993 ss 150(2), 153(1), 27/2001 s. 5(Sch. 3 item 4.6).

(a) to the partner of the deceased member during the life of the partner a pension of an amount equal to two-thirds of the pension which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age;

S. 44(1)(b) amended by Nos 110/1993 ss 150(2), 153(1), 27/2001 s. 5(Sch. 3 item 4.6).

(b) to the partner of the deceased member a lump sum equal to the lump sum which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age;

S. 44(1)(c) substituted by No. 120/1994 s. 47(1), amended by No. 40/2010 s. 54(2).

(c) in respect of each of the children and adult children of the deceased member, a pension at the prescribed rate per annum[6].

S. 44(2) amended by No. 110/1993 s. 153(1), repealed by No. 40/2010 s. 55.

S. 44(3) amended by No. 110/1993 s. 153(1).

(3) On the death of a member after the age of 60 years the benefits shall be calculated as if he had retired immediately prior to the date of his death.

(4) Notwithstanding anything to the contrary in this Part, a person shall not be entitled—

S. 44(4)(a) amended by Nos 49/1992 s. 90(a), 27/2001 s. 5(Sch. 3 item 4.6).

(a) to receive at any one time more than one pension under this Act as the partner of a deceased member or pensioner (but any person who is entitled to a pension as the partner of more than one deceased member or pensioner shall be entitled to receive whichever of the pensions is the greater);

S. 44(4)(b) repealed by No. 49/1992 s. 90(a).

S. 44(5)(6) repealed by No. 49/1992 s. 90(c).

S. 44(7) amended by No. 9657 s. 13(1), repealed by No. 49/1992 s. 90(c).

S. 44(7A) inserted by No. 9657 s. 13(2), repealed by No. 49/1992 s. 90(c).

S. 44(8) amended by Nos 110/1993 ss 150(2), 153(1), 120/1994 s. 47(2), 27/2001 s. 5(Sch. 3 item 4.6).

(8) On the death of a member before retirement who does not have a partner there shall be paid to his personal representative the lump sum which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age.