Adjustment of benefits to comply with the 2004 Act where members die over the age of 75N.I.
109.—(1) This regulation applies if—
(a)a member of this scheme dies after reaching the age of 75; and
(b)apart from this regulation, any part of a pension to which any person becomes entitled under this Part on the death would not qualify as a dependants' scheme pension for the purposes of section 167 (the pension death benefit rules) of the 2004 Act.
(2) The benefit payable to the person may be adjusted in any way as determined by the scheme manager so that it qualifies as a dependants' scheme pension for the purposes of section 167 (the pension death benefit rules) of the 2004 Act.