58. In a case where—
(a)immediately before the assessment date—
(i)under the admissible rules of an eligible scheme a member is entitled to present payment of a pension under an occupational pension scheme, and
(ii)that pension does not include the provision of a survivor's pension in the event of the member's death;
(b)the member is entitled, from the assessment date, to compensation under paragraph 3 or 5 of Schedule 6 to the 2005 Order, and
(c)the member dies on or after the assessment date,
regulation 3 of the Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005 M1 (circumstances where a widow or widower is not entitled to payment of periodic compensation) has effect as if for paragraph (b) there were substituted—
“(b)no provision to pay a survivor's pension—
(i)under the admissible rules of the scheme, or
(ii)because the member has chosen a pension under the scheme which does not include the provision of a survivor's pension.”.
Marginal Citations
M1S.R. 2005 No. 149; regulation 3 was amended by regulation 8 of S.R. 2005 No. 357