Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p35
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 35/48)
Character Range: 114800–117255

Upon the death of a person who had been a member but at the time of his or her death was not a member or a retirement pensioner (in this rule called the "deceased former member"), his or her preserved benefit or a pension is payable in accordance with this rule.
(2) A deceased former member's preserved benefit or a pension is payable as follows:
     (a) if the deceased former member is survived by a spouse, the preserved benefit is payable to the spouse as a lump sum;
     (b) if the deceased former member is not survived by a spouse but is survived by an eligible child or children, a pension is payable to, or for the benefit of, the child or children at an annual rate equal to the relevant percentage in Table 2 in Schedule 4 of the deceased former member's notional pension;
     (c) if the deceased former member is not survived by a spouse or an eligible child and he or she had notified CSC in writing that:
          (i) he or she had a person or persons dependent on him or her who would not be eligible to receive benefits as a spouse or eligible child; and
          (ii) he or she had made provision for that person or those persons in his or her will;
      the preserved benefit is payable to, or for the benefit of, the person as a lump sum;
     (d) in any other case, the preserved benefit is payable to the deceased member's personal representatives as a lump sum.
(3) Where a pension becomes payable under paragraph (2) (b), the member benefit (if any) included in the preserved benefit is payable, as a lump sum, to, or for the benefit of, the eligible child or children.
(4) A spouse who is entitled to be paid an employer benefit under paragraph (2) (a) may elect that:
     (a) instead of that employer benefit being paid to him or her, it be converted into a pension payable to him or her at an annual rate equal to the relevant percentage in Table 1 in Schedule 4 of the deceased member's notional pension and if he or she so elects the benefit is so converted; or
     (b) instead of that employer benefit being paid in full to him or her, a specified part of that benefit, being not less than one‑half of the benefit, be converted into a pension payable to him or her at an annual rate equal to the relevant percentage in Table 1 in Schedule 4 of the deceased member's reduced notional pension and if he or she so elects:
          (i) that part of the employer benefit is so converted; and
          (ii) the balance of