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

30. OPTIONAL SPOUSE'S OR DEPENDANT'S PENSION

30.1  Subject to the following provisions of this Rule, a Member of the NATS Section may elect not less than 28 days before the date when any pension becomes payable to him from the NATS Section to surrender the whole or a proportion of his pension from the NATS Section which exceeds the Guaranteed Minimum Pension in respect of him in order to provide a non-commutable and non-assignable pension payable after his death which in the opinion of the Trustees on the advice of the Actuary is equal in value to the pension so surrendered.

30.2  Exercise of this option shall be by notice given in writing to the Trustees and shall be in respect of the person to whom the Member is married at the date on which the notice is given or in accordance with Rule 30.6. In the event of:

(a) the Member or the said person dying before Normal Pension Date and before the commencement of the Member’s pension under these Rules; or

(b) the said person dying at or after Normal Pension Date while the Member’s pension is postponed in accordance with these Rules; or

(c) the commutation of the whole of the Member’s pension for a cash sum,

the exercise of the option shall be cancelled.

In the event, where applicable, of the marriage of the Member and the said person being terminated by divorce or annulment, or the Member and the said person being judicially separated, before the commencement of his pension under these Rules the exercise of the option shall be cancelled if the Member requests the Trustees by notice in writing to that effect.

30.3  Except as above mentioned, the exercise of the option may not be cancelled except with the special consent of the Trustees and then only before commencement of the Member’s pension. If an exercise of the option is cancelled, the benefits will be as if the Member had not exercised the option. If after the Member has commenced to receive a pension from the NATS Section the person in respect of whom the option has been exercised predeceases the Member or, where applicable, their marriage is terminated by divorce or annulment, or they become judicially separated, the unsurrendered portion of the Member’s pension and no more will continue to be paid to the Member.

30.4  The amount of pension surrendered by a Member under this Rule must not be so great that the pension described in Rule 30.1 above would be greater than the pension remaining payable to the Member (before any surrender of part of his pension for a cash sum).

30.5  The pension described in Rule 30.1 above shall, unless the option has been cancelled as described above, be payable to the person in respect of whom the option has been exercised and shall commence to be payable one month after the final instalment of the pension payable from the NATS Section to the Member. Where the said person is the person to whom the Member was married at the date on which the notice was given the pension shall cease with the last instalment falling due before that person’s death.

30.6  The option described in Rule 30.1 above may be exercised by a Member of the NATS Section in favour of any one or more of his Dependants other than (or in addition to) the person to whom the Member is married at the date on which the notice is given. In such case the terms and conditions of payment relating to the pension for the person or persons in respect of whom such option is exercised shall be as notified by the Trustees to the Member.