The Superannuation (Public Offices) Rules 1967

Application and interpretation of Part II

7.—(1) Where a person—

(a) dies after he has become eligible for a pension under Part I of these Rules; or

(b) dies while still serving in a public office or in other employment approved for the purposes of the superannuation scheme applicable to the last public office in which he was employed, or while still serving, during such a period as is described in Rule 1(3)(ii) of these Rules, in an office which has ceased to be a public office, and would, if he had then retired on a medical certificate, have been eligible for a pension under Part I of these Rules; or

(c) dies after having ceased to be employed in a public office or in such approved employment as aforesaid, or in such office which has ceased to be a public office as aforesaid, in such circumstances that, on attaining a particular age, he would or might have become eligible for a pension under Part I of these Rules;

and the superannuation scheme applicable to him in any of the public offices in which he was continuously employed provides for the payment on his death of pensions to his widow, children or other dependants, the provisions of this Part of these Rules shall have effect in relation to any such pension which may be paid in respect of his service in any of those public offices.

(2) In this Part of these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

“approved employment”, in relation to an officer, means employment (not being employment in a public office) approved for the purposes of the superannuation scheme applicable to the last public office in which he was employed;

“contributing authority”, in relation to any service of an officer in the civil service of the State, means the Treasury, and, in relation to any other service of an officer in a public office, means the authority administering the superannuation scheme applicable to that public office, being an authority in respect of whom the following conditions are satisfied—

(a)

the authority has, before the date of death or final retirement of the officer, adopted a system of superannuation whereunder provision is made for the payment, on the death of the officer, of pensions to his widow and children; and

(b)

arrangements have been made with the authority which, in the opinion of the Treasury, ensure that the total amount of the award of any widow's or children's pension which may be granted on the death of the officer shall be apportioned between that authority and other authorities contributing thereto in like proportions that an award of pension under Rule 3 of these Rules would or might have fallen to be apportioned among them on the officer's final retirement;

“contributing service” means any period of service rendered by an officer in a public office to which a superannuation scheme administered by a contributing authority is applicable, and “non-contributing service” shall be construed accordingly;

“ex-public office employment”, in relation to an officer, means employment, during such a period as is described in Rule 1(3)(ii) of these Rules, in an office which has ceased to be a public office;

“officer” means a person who fulfils the conditions in sub-paragraph (a), (b) or (c) of paragraph (1) of this Rule.