101Orphan benefit—death of eligible employee before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service less than 8 years

#### 101 Orphan benefit—death of eligible employee before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service less than 8 years (1) Where: (a) an eligible employee dies before attaining his or her maximum retiring age; (b) his or her period of contributory service is less than 8 years; (c) his or her period of prospective service is not less than 1 year; (d) there was in force in respect of him or her immediately before his or her death a benefit classification certificate and CSC is of the opinion that his or her death was caused, or was substantially contributed to, by a physical or mental condition or conditions specified in the certificate or by a physical or mental condition or conditions connected with such a condition or such conditions; (e) he or she is not survived by a spouse but is survived by a person or persons who is or are his or her child or children; and (f) the surviving child or 1 or more of the surviving children is or are, immediately after his or her death, an eligible child or eligible children or, in the opinion of CSC, is or are likely to become an eligible child or eligible children; a lump sum benefit is payable in respect of that child or those children in accordance with this section. (2) Subject to subsection (3), where, by virtue of subsection (1), a lump sum benefit is payable in respect of the child or children of a deceased eligible employee, the lump sum benefit payable in accordance with this section is an amount equal to the amount of the lump sum benefit to which the deceased eligible employee would have been entitled under subsection 73(2) or (3) (as the case may be) if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity benefit under section 73. (3) Where: (a) by virtue of subsection (1) a lump sum benefit is payable in respect of the child or children of a deceased eligible employee; and (b) that child, or each of those children, is a partially dependent child; there is payable in respect of the child or children a lump sum benefit of an amount determined by CSC, being an amount that is: (c) not less than the amount of the deceased eligible employee’s accumulated contributions; and (d) not more than the sum of the lump sum benefit referred to in subsection (2) and the productivity benefit payable in respect of the deceased eligible employee under Part VIA.