Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:54:p1
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 54 (pt 1/2)
Character Range: 118726–121140

54  Payment of deceased former member's preserved benefit
 (1) 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 a deceased former member), his or her preserved benefit or a pension is payable in accordance with this rule.
 (2) Subject to Part 10, 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 or persons 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) Subject to Part 10, if 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) Subject to Part 10, 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