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

12. AUGMENTATION

12.1  If the Sponsoring Section Employer, or any other Employer with the consent of the Sponsoring Section Employer, requests or if the Trustees with the consent of the Sponsoring Section Employer so determine having regard to any special circumstance and if the Section Assets from time to time in the hands of the Trustees so permit or if arrangements satisfactory to the Trustees have been made for the payment of any additional amounts in accordance with Rule 11 the Trustees shall, subject always to Appendix 4, apply the appropriate part of the Section Assets in one or more of the following ways:

(a) in augmenting the Intended Benefits or in the provision of benefits in a different form but of equal or greater value than the Intended Benefits payable to or on the death of any Member; and

(b) in providing pension for a Spouse, Qualifying Child or Dependant of a Member who died in Service or whilst receiving a pension from the CAA Section; and

(c) in providing a lump sum benefit payable on the death of any Member of the CAA Section who is a former employee of any of the Employers and is not in receipt of a pension from the CAA Section or has not received a cash retirement benefit or a cash sum in lieu of pension under the CAA Section,

provided always that a Member who on leaving Service is a Qualifying Leaver shall, subject to the provisions of the CAA Section, be entitled, in addition to any benefits in respect of him under the CAA Rules, to the whole or such proportion of any benefits under (a) or (b) above in respect of him (other than any part thereof payable on death in Service prior to Normal Pension Date) as the Trustees shall after consultation with the Actuary decide, being not less than such proportion as the period from the date such benefit was awarded to the date on which he left Service (but ignoring any part of such period in respect of which a refund of contributions is elected by the Member) bears to the period from the said date such benefit was awarded to the Member’s Normal Pension Date.