41.—(1) Where—
(a)a pension credit member dies within five years of the pension under article 37 coming into payment and before his 75th birthday; and
(b)there is a difference between—
(i)the amount that is five times the pension, calculated at the annual rate effective on the day that it came into payment; and
(ii)the aggregate of—
(aa)the instalments of pension that have been paid; and
(bb)any lump sum received on commutation under article 39.
the Board shall pay a post-retirement death grant of the amount of that difference.
(2) The grant may be paid, in whole or in part, to such person or persons as the Board thinks fit.
(3) For the purposes of paragraph (1), any increases which, if the pension had continued in payment, would have been taken into account, shall be disregarded.