PART II PRIMARY PROVISIONS

CHAPTER IV BENEFITS

Children’s pensions

44 Children’s short-term pensions
1 If an active or pensioner member dies leaving one or more eligible children, they are entitled to a children’s short-term pension.
2 If a short-term pension is payable to a surviving spouse under regulation 39, the children’s short-term pension is payable only for three months after the death.
3 Otherwise, it is payable for six months after the death.
4 Where the deceased was an active member, the pension is the greater of–
(a) the deceased’s final pay; or
(b) (3 × his final pay)80×his total membership.
5 Where the deceased was a pensioner member, the pension is equal to his retirement pension immediately before the death.
6 Where, if a children’s long-term pension and a surviving spouse’s long-term pension were payable instead of short-term pensions, that would result in a greater aggregate pension, long-term pensions shall be payable instead of short-term pensions.
7 Where–
(a) a children’s short-term pension is payable for a child who is not in the care of a person to whom a short-term pension is payable (or would be payable apart from paragraph (6)); and
(b) a children’s long-term pension would be greater,
the long-term pension shall be payable instead of the short-term pension.
8 In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 49 (commutation: exceptional ill-health).