The Armed Forces Pension Regulations 2014

Adjustment of allocated benefits for the Finance Act 2004 where member dies over 75

This section has no associated Explanatory Memorandum

64.—(1) This regulation applies if—

(a)a member dies after reaching the age of 75; and

(b)but for this regulation, any part of a pension to which a person otherwise becomes entitled under this Chapter on the member’s death would not qualify as a dependants’ scheme pension for the purposes of section 167 of the FA 2004 (the pension death benefit rules) (see paragraphs 16 to 16C of Schedule 28 to that Act).

(2) The benefit payable to the person may be adjusted in such manner as is determined by the scheme manager.