PART IIPRIMARY PROVISIONS

CHAPTER IVBENEFITS

Children’s pensions

Children’s short-term pensions44

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.math

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).