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

Section A (Applicable to Class A Members)

6.  Any pension payable to any person from any Section on the death of a Member (other than any pension provided by voluntary surrender of pension by the Member) shall not be such that the aggregate thereof and of any other such pension payable to that person from all Associated Schemes or other Sections of the Scheme would exceed 2/3rd of the aggregate pension (including the pension equivalent of any benefits not in pension form) payable to the Member from such schemes, or such greater amount as will not prejudice the approval of the Scheme under the Taxes Act.

• For this purpose the pension payable to the Member shall be taken as

  (a)

  that which he was receiving immediately before his death if applicable (including any increases to such pension while in payment up to and including the day before the Member’s death); or

  (b)

  if he died after ceasing to be a Current Member but before Normal Pension Date and before any pension had become payable to him from the Scheme the pension to which such Member would have been entitled under Rule 32 taking into account the increases (if any) to such pension described in Rule 24.3 up to and including the day before the Member’s death together with any benefit from Associated Schemes or another Section of the Scheme which is a deferred benefit payable to the Member at any time between ages 50 and 75; or

  (c)

  if he died whilst a Current Member before Normal Pension Date and before any pension had become payable to him from any Section, that which he would have received from the Section on retirement at Normal Pension Date had he remained a Current Member until that date without further change in remuneration together with any pension prospectively payable to the Member from Associated Schemes or another section of the Scheme had he remained in Service until Normal Pension Date without further change in remuneration; or

  (d)

  if he died on or after Normal Pension Date and before any pension had become payable to him under the relevant Section that which he would have received on retirement at Normal Pension Date or, if later, that which he would have received if he had retired on the day before his death.