Document ID: chunk:federal_register_of_legislation:C2022C00261:section:52:p30
Version: federal_register_of_legislation:C2022C00261
Segment Type: section
Provision Reference: s 52 (pt 30/48)
Character Range: 103293–105899

of a period of 10 years after the invalidity pensioner's pension became payable to him or her;
      whichever is the less; or
     (b) in any other case—the amount (if any) by which so much of the deceased retirement pensioner's employer benefit as was funded exceeds the amount of pension paid to the deceased retirement pensioner since he or she last ceased to be a member.
(2) Where a retirement pensioner dies, and:
     (a) he or she is survived by a spouse or eligible child to whom, or for the benefit of whom, a pension is payable under this Division; and
     (b) that surviving person, or the last of those surviving persons, dies not later than 10 years after the retirement pensioner's pension became payable to him or her;
there is payable to the deceased spouse's or eligible child's personal representative as a lump sum an amount equal to:
     (c) where the deceased retirement pensioner was an invalidity pensioner—the amount (if any) by which the deceased invalidity pensioner's employer benefit exceeds the total of 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; or
     (d) in any other case—the amount (if any) by which so much of the deceased retirement pensioner's employer benefit as was funded exceeds the total of 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.
Death in certain cases due to retirement disabilities
44. Where a person who:
     (a) is classified as Class B; or
     (b) is classified as Class C as a result of a reclassification under rule 23;
dies, and CSC is satisfied that his or her death was due to:
     (c) the physical condition that was the cause of his or her retirement on the ground of invalidity; or
     (d) a physical condition that was causally connected with that condition;
he or she is taken, for the purposes of this Division, to have been, immediately before his or her death, an invalidity pensioner classified as Class A and in receipt of pension at a rate calculated accordingly.
Effect of death of invalidity pensioner while pension suspended
45. Where a person whose invalidity pension has been suspended under rule 25 dies before the invalidity pension again becomes payable, he or she is taken, for the purposes of this Division, to have been an invalidity pensioner in receipt of pension immediately before his or her death.
Division 3—Death