99Orphan benefit—death of eligible employee before attaining maximum retiring age where benefit not reduced on medical grounds, period of prospective service less than 8 years and direction given under this section

#### 99 Orphan benefit—death of eligible employee before attaining maximum retiring age where benefit not reduced on medical grounds, period of prospective service less than 8 years and direction given under this section (1) Where: (a) an eligible employee dies before attaining his or her maximum retiring age; (b) his or her period of prospective service is less than 8 years but not less than 1 year; (c) there was not in force in respect of him or her immediately before his or her death a benefit classification certificate or, if such a certificate was in force in respect of him or her immediately before his or her death, CSC is of the opinion that his or her death was not caused, and was not 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; (d) 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, being a child who is, or children at least one of whom is, an eligible child; and (e) CSC is of the opinion that no other surviving child of the deceased eligible employee who is not an eligible child immediately after his or her death is likely to become an eligible child; then, upon application in writing being made to CSC not later than 3 months after the date of the eligible employee’s death by or on behalf of the eligible child or eligible children, CSC may, in its discretion, direct that, in lieu of benefit being payable in accordance with section 98 in respect of the eligible child or eligible children, a lump sum benefit be payable in accordance with this section. (2) Subject to subsection (3), where CSC gives a direction under subsection (1) of this section in relation to an eligible child or eligible children of a deceased eligible employee, there is payable in respect of the eligible child or eligible children a lump sum benefit of an amount equal to the amount of the lump sum benefit to which the deceased eligible employee would have been entitled under subsection 69(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 an invalidity pension and had made an election under section 69. (3) Where: (a) CSC gives a direction under subsection (1) of this section in relation to an eligible child or eligible 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.