The Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001

Pension

25.2  A pension under the CAA Section payable to a Spouse or to or in respect of Qualifying Children under Rule 26 or Rule 28 on the death of a Member of the CAA Section shall, subject to Appendix 4 and to any other provisions of the CAA Section which may apply in respect of a particular Member, be of a yearly amount, with a minimum of £104, equal to the proportion of the Member’s Relevant Pension (as defined in rule 25.4 below) applicable in accordance with the relevant provision of the CAA Rules; provided always that:

(i) if the Trustees exercise their discretion under Rule 25.3 below the amount or amounts of pension payable under the CAA Section to a Member’s Spouse or other beneficiary shall be as described in that paragraph; and

(ii) notwithstanding proviso (i) above or any other provision of the CAA Rules, that part of the pension payable from the CAA Section to a Member’s widow or widower which relates to the Member’s Service prior to 6 April 1997 shall not be less than the amount described in paragraphs 2.3(a)(ii) or 2.3(a)(iii) of Section B of Appendix 5 in respect of the Member; and

(iii) in respect of a Member who was a Lower Rate Contributor for part or all of his Service as a Current Member the pension payable from the CAA Section under Rule 26 or Rule 28 on the Member’s death in relation to such Service on or after 6 April 1997 shall not be less than the amount payable in respect of the Member under paragraph 1.3 of Section A of Appendix 5 on the assumption that the benefits of all such Members are equal to those which would be provided by a reference scheme as described in section 12B of the Pension Schemes Act 1993(1); and

(iv) in respect of a Member who has received a refund of Family Benefit Contributions in accordance with Rule 48 or an additional amount of pension under that Rule and who subsequently remarries and who does not repay the amounts due under Rule 48.2(c), the pension payable under Rule 26 or Rule 28 on the Member’s death in relation to Service on or after 6 April 1997 shall not be less than the amount (if any) payable in respect of the Member under paragraph 1.3 of Section A of Appendix 5 on the assumption that the benefits of all such members are equal to those which would be provided by a reference scheme as described in section 12B of the Pension Schemes Act 1993.

(1)

1993 c. 48; section 12B was amended by S.I. 1997/819, regulation 2.