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PART 6Survivor’s benefits

CHAPTER 1General interpretation

Meaning of “dies in service”

125.—(1) A member (D) dies in service for the purpose of survivor’s benefits if—

(a)D dies while in pensionable service;

(b)D dies while on non-pensionable family leave immediately following a period of pensionable service;

(c)as at the date of D’s death, an election under regulation 25 has effect or is taken to have effect; or

(d)paragraph (2) applies.

(2) This paragraph applies if—

(a)D dies within 12 months after leaving pensionable service in all eligible employment because D was incapacitated; and

(b)a retirement pension other than a phased retirement pension does not become payable in relation to that service before D’s death.