45Benefits for partner, children and adult children on death of pensioner

45 Benefits for partner, children and adult children on death of pensioner

(1) On the death of a pensioner, there shall be payable—

S. 45(1)(a) substituted by No. 9978 s. 14(2) (as amended by No. 10087 s. 3(1)(Sch. 1 item 237)), amended by Nos 120/1994 s. 47(3), 27/2001 s. 5(Sch. 3 item 4.8).

(a) to the partner of the deceased pensioner if he or she became the partner of the deceased pensioner before the retirement of the deceased pensioner, during the life of the partner a pension equal to—

(i) two-thirds of the pension payable to the deceased pensioner at the time of his death; or

(ii) in the case of a deceased pensioner who has under section 41A or section 42 converted part of his pension entitlement to an equivalent entitlement by way of a lump sum payment, two-thirds of the pension that would have been payable to the deceased at the time of his death if he had not so converted part of his pension—

(whichever is the greater) together with a sum equal to the balance of any lump sum held in an account in the deceased pensioner's name in the Fund;

S. 45(1)(b) amended by No. 9978 s. 14(3), substituted by No. 120/1994 s. 47(4), amended by No. 40/2010 s. 56(2).

(b) in respect of each of the children and adult children of the deceased pensioner, a pension at the prescribed rate per annum[7].

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

S. 45(2)(a) amended by Nos 49/1992 s. 90(b), 27/2001 s. 5(Sch. 3 item 4.8).

(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S. 45(2)(b) repealed by No. 49/1992 s. 90(b).

S. 45(3) repealed by No. 49/1992 s. 90(c), new s. 45(3) inserted by No. 120/1994 s. 47(5), amended by No. 27/2001 s. 5(Sch. 3 item 4.8).

(3) Despite anything to the contrary in this Part, only one pension is payable in the case of the death of a deceased member or pensioner to a partner and if after the Board has made reasonable enquiries more than one person should appear to the Board to qualify for that pension then—

(a) if the member or pensioner has by request in writing to the Board directed that the pension be paid wholly to one of the persons qualified to receive it or that each is to be paid part, the Board must give effect to the expressed intentions;

S. 45(3)(b) amended by No. 40/2010 s. 56(3).

(b) if paragraph (a) does not apply, the Board must determine in accordance with section 46 which of the persons who qualifies is to receive the pension or apportion it between them as the Board considers appropriate.