PART 9Death benefits
CHAPTER 4Payment of pensions for surviving adults and eligible children
Adjustment of benefits to comply with the 2004 Act where members die over 75149
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 of the 2004 Act (the pension death benefit rules) (see paragraphs 16 to 16C of Schedule 28 to that 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 of the 2004 Act.