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The Local Government (Retirement of Chief Officers) Regulations 1973

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Benefit payable to widow or dependant

6.—(1) Where a person duly entitled dies on or after the payment date, payments in accordance with this regulation shall be made to or for the benefit of the widow, child or other dependant or to the personal representatives of that person or, as the case may be, to trustees empowered by him to stand possessed of any benefit under the relevant superannuation scheme.

(2) If the widow, child or other dependant of that person has become, or but for termination of that person's employment in consequence of the notice of election would have been, entitled to a pension under the relevant superannuation scheme, the widow, child or other dependant, as the case may be, shall be entitled to receive—

(a)where the scheme provides for a prescribed proportion, benefits calculated on the same basis as the method prescribed by the scheme as if the benefits under regulation 5(1)(a) payable to the person duly entitled immediately before his death were a pension payable under the scheme, or

(b)where the scheme does not provide for a prescribed proportion, an annual sum as provided by paragraph (3).

(3) The sum mentioned in paragraph (2)(b) shall, subject to the provisions of paragraph (4), be an annual sum equal to the annual amount of the pension to which the widow, child or other dependant of the person duly entitled would have become entitled if he had died immediately before termination of his employment in consequence of the notice of election, having then complied with any requirements of the relevant superannuation scheme as to a minimum period of qualifying service or contribution and completed any payments in respect of added years which he was then in the course of making.

(4) The calculation referred to in paragraph (3) shall be made on the basis of the method prescribed by the relevant superannuation scheme of the person in question for the calculation of benefits for a widow, child or other dependant and insofar as the age at which he died is relevant for the purposes of the said calculation, the calculation shall be made by reference to his age at the date of death.

(5) Benefits payable to or for the benefit of a widow, child or other dependant under this regulation shall cease to be payable when a corresponding pension under the relevant superannuation scheme would have ceased to be payable; and where the scheme provides for payment of the pension to any person on behalf of a child or other dependant, benefits payable under this regulation to a child or other dependant shall be paid to that person on behalf of the child or dependant in the like manner and for the like period as is provided in the scheme.

(6) In this regulation “prescribed proportion” means the proportion which, by the provisions contained in the relevant superannuation scheme of a person duly entitled, the pension payable to his widow, child or other dependant is to bear to his pension.

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