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The Local Government (Retirement of Chief Officers) Regulations 1973

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Benefit where death grant would have been payable

7.—(1) If the widow, the personal representatives of a person duly entitled or trustees empowered by such a person to stand possessed of any benefit under his relevant superannuation scheme might have become entitled to a death grant under that scheme, she or they, as the case may be, shall be entitled to receive a sum calculated in accordance with paragraph (2).

(2) The amount of the sum referred to in paragraph (1) shall be ascertained in accordance with the method of calculation prescribed by the scheme for the ascertainment of death grant as if the person duly entitled had died immediately before termination of his employment in consequence of the notice of election, subject to the following modifications—

(a)account shall be taken of any additional period of service credited to him under regulation 5(2) to the extent of the period between the termination of employment in consequence of the notice of election, and the person's death;

(b)if the aggregate of reckonable service and the additional period of service specified in sub-paragraph (a) above is less than the period of qualifying service prescribed by the scheme for the receipt of a death grant, the said sum shall not exceed the proportion of the death grant calculated as aforesaid which the aggregate of service bears to the minimum period of qualifying service or period prescribed by the scheme; and

(c)there shall be deducted from the sum described above the amount of any benefits paid to the person under these regulations, or where any part of such benefit has been surrendered under regulation 5(10), the amount which would have been so paid but for such a surrender.

(3) For the purpose of calculating a death grant under this regulation, any benefit payable under regulation 6(2)(a) to or for the benefit of the widow, child or other dependant shall be deemed to be a pension payable to or for the benefit of the widow, child or dependant, as the case may be.

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