Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p32
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 32/48)
Character Range: 108006–110481

benefit where pension becomes payable to child in certain cases
48. (1) Where a pension becomes payable to, or for the benefit of, an eligible child or children of a deceased member under paragraph 40 (1) (b), an amount equal to the amount (if any) by which the employer benefit of the deceased member exceeds the amount that CSC determines to be the capital value of the pension payable to, or for the benefit of, the child or children is payable in accordance with subrule (4).
(2) Where a pension becomes payable to, or for the benefit of, an eligible child or children of a deceased retirement pensioner (other than an invalidity pensioner) under subrule 42 (3), an amount equal to the amount (if any) by which the funded employer benefit of the deceased retirement pensioner exceeds an amount equal to the sum of:
     (a) the amounts of pension paid to the deceased retirement pensioner and his or her spouse, and to, or for the benefit of, his or her child or children, since he or she last ceased to be a member; and
     (b) the amount that CSC determines to be the capital value of the pension payable to, or for the benefit of, the child or children;
is payable in accordance with subrule (4).
(3) Where a pension becomes payable to, or for the benefit of, an eligible child or children of a deceased invalidity pensioner under subrule 42 (3), an amount equal to the amount (if any) by which the employer benefit of the deceased pensioner exceeds an amount equal to the sum of:
     (a) the amounts of pension paid to the deceased invalidity pensioner and his or her spouse, and to, or for the benefit of, his or her child or children, since he or she last ceased to be a member; and
     (b) the amount that CSC determines to be the capital value of the pension payable to, or for the benefit of, the child or children;
is payable in accordance with subrule (4).
(4) Where an amount is payable under subrule (1), (2) or (3):
     (a) if the deceased person 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 amount is payable to, or for the benefit of the person or persons as a lump sum; or
     (b) in any other case, the amount is payable to the deceased person's personal representative as a lump sum.
(5) In determining