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PART 6 E+WSurvivor's benefits

CHAPTER 1E+WGeneral interpretation

Meaning of “dies in service”E+W

127.—(1) A member (D) dies in service for the purpose of survivor's benefits if—

(a)D dies while in pensionable service under this scheme;

(b)D dies while on non-pensionable family leave immediately following a period of pensionable service under this scheme;

(c)as at the date of D's death, an election under regulation 26 has effect or is taken to have effect; or

(d)paragraph (2) applies.

(2) This paragraph applies if—

(a)D dies within 12 months after leaving pensionable service in all eligible employment because P was incapacitated; and

(b)a retirement pension other than a phased retirement pension does not become payable in relation to that service before D's death.