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

Death after commencement of pension

S9—(a) Rules 28.1 and 28.2 shall not apply.

(b) For S Category Members Rule 28.3 is replaced by the following provisions of this paragraph.

If a Member dies after a pension has become payable to him under these Rules and is survived by a Spouse, the pension described in Rule 25.2 shall become payable to the Spouse from the date of death. Such pension shall

(i) for the balance (if any) of the period of five years beginning at the commencement of payment of the Member’s pension from the CAA Section be equal to one-twelfth of the Member’s Relevant Pension for each month in the said period, and

(ii) thereafter or from the date of the Member’s death if it occurred more than five years from the commencement of payment of his pension, be equal to 60 per cent of the Member’s Relevant Pension;

provided always that notwithstanding the provisions of the proviso to Rule 25.4 the Member’s Relevant Pension for the purpose of sub-paragraph (i) above shall not include any amount surrendered or commuted under Rule 29.2 or Rule 29.3.

Where the benefit payable under Rule 28.3 in respect of an S Category Member, modified as described above in this Rule S9(b), would be less than the amount (if any) payable in respect of the Member under paragraph 1.3 in Section A of Appendix 5 (Contracting-out) 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 that benefit shall be increased so as to be equal to such amount.

(c) Rule 28.4 shall not apply.

For S Category Members Rule 28.5 is replaced by the following provisions of this paragraph.

If a Member dies after a pension has become payable to him under these Rules and is survived by one or more Qualifying Children (but not by a Spouse), a pension equal to the pension which would have become payable from the CAA Section to the Member’s Spouse shall become payable from the date of the Member’s death and shall be paid or applied by the Trustees to or for the benefit of such one or more of the Qualifying Children in such manner and in such shares as the Trustees shall decide.

(e) Rules 28.7 and 28.8 shall not apply.