The Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001

48.2—(a) Upon the cessation of Service of a Member to whom this Rule 48.2 applies as described in paragraph (b) below there shall at the discretion of the Trustees be payable subject to any deduction in accordance with Rule 43 and subject where required by the Trustees to the Member’s agreement to such terms and conditions, including paragraph (c) below, as the Trustees shall require but otherwise upon the request of a Member an amount equal to such proportion of his Family Benefit Contributions (together with three per cent per annum compound interest thereon) as the Trustees with the advice of the Actuary shall consider to be appropriate. In the case of a Member whose cessation of Service was caused by his death such amount shall be payable in accordance with Rule 37.

Alternatively and in lieu of such amount, if the Member so requests and the Trustees agree, there may be payable an additional amount of pension determined by the Trustees on the advice of the Actuary as the equivalent of the said amount, subject always to Appendix 4.

(b) This Rule 48.2 applies to a Member of the CAA Section (other than a Member who would have been excluded from this benefit if the Previous Scheme Provisions had continued to apply) who:

(i) has not been married at any time during his Pensionable Service and has never during such Pensionable Service had a Dependant eligible for benefit under Rule 26.9; or

(ii) has been married at any time during his Pensionable Service but whose last or only marriage has been terminated by death of the Spouse or by divorce annulment or other dissolution and who during such Pensionable Service has never had a Dependant eligible for benefit under Rule 26.9; or

(iii) is any other person who was included for a benefit corresponding to this benefit in accordance with the Previous Scheme Provisions.

(c) Except where the Trustees agree otherwise, a Member of the CAA Section who is to receive a refund or an additional amount of pension in accordance with paragraph (a) above shall give an undertaking that he will inform the Trustees if he subsequently marries and that he will then repay to the Trustees the amount so received (or in the case of an additional pension, the total of the instalments thereof so received) together with compound interest thereon as determined by the Trustees with the advice of the Actuary.

In consideration of such repayment the CAA Section shall accept a liability to provide a pension for the Member’s Spouse and/or Qualifying Children and/or Dependants as shall be notified by the Trustees to the Member.