30Benefit on death before retirement

30 Benefit on death before retirement

S. 30(1) amended by Nos 110/1993 s. 129(2)(b), 61/2013 s. 23(1).

(1) Unless subsection (5A) applies, on the death of a member who has not attained the age of 60 years before retirement the Board must apportion between those of his or her dependants that the Board considers appropriate a lump sum equal to the accrued retirement benefit which would have been payable if the member had retired at 60 years of age and was contributing at 5 per cent of salary from the date of death until the date of retirement as if his or her final average salary at death had been his or her final average salary at age 60.

S. 30(2) amended by No. 61/2013 s. 23(2).

(2) Unless subsection (5A) applies, on the death of a member who has attained the age of 60 years before retirement the Board must apportion between those of his or her dependants that the Board considers appropriate a lump sum equal to his or her accrued retirement benefit.

S. 30(2A) inserted by No. 37/2007 s. 48, amended by No. 61/2013 s. 23(3).

(2A) Unless subsection (5A) applies, if subsection (1) or (2) applies and there are any dependants, the Board may in its discretion pay the whole or part of the benefit to the personal representative of the member.

S. 30(2B) inserted by No. 37/2007 s. 48.

(2B) For the purposes of subsection (2A), personal representative has the same meaning as it has in section 5(1) of the Administration and Probate Act 1958.

S. 30(3) amended by Nos 4/1996 s. 130(1), 61/2013 s. 23(4).

(3) Unless subsection (5A) applies, if on the death of a member before retirement there are no dependants, the Board must pay to his or her personal representative a lump sum equal to the amount of contributions made by him or her and interest at the rate which is the prescribed rate under section 35(1).

S. 30(4) amended by No. 27/2001 s. 5(Sch. 3 item 7.3).

(4) A member may register the names of persons which he or she considers to be his or her dependants (other than a partner or child) with the Board for the purposes of this section.

S. 30(4A) inserted by No. 40/2010 s. 100.

(4A) A person who has not been registered under subsection (4) may lodge a claim in a form approved by the Board as a dependant of a deceased member.

S. 30(5) amended by No. 61/2013 s. 23(5).

(5) Subject to subsection (5A), the Board may assume that there are no dependants for the purposes of subsection (3) if—

(a) no dependants have been registered under subsection (4); and

(b) the Board has not received any claims by dependants within 12 months of the death of the member.