SCHEDULE 4Contributions for additional pensions
Death of AP beneficiary during payment or refund period
11.
(1)
This paragraph applies where the election mentioned in paragraph 6 is a dependant's election and the AP beneficiary dies before the end of the payment period or, if the refund period ends after the payment period, the end of the refund period.
(2)
But this paragraph does not apply where before the AP beneficiary's death—
(a)
an additional pension attributable to the election became payable to the AP beneficiary (see paragraph 7),
(b)
the AP beneficiary revoked the election (see paragraph 8), or
(c)
the AP beneficiary was out of pensionable employment for a continuous period of at least 1 month (see paragraph 9).
(3)
Where the AP beneficiary dies before the end of the refund period—
(a)
the monthly payments must be repaid to F1each person who in consequence of that death would be entitled to receive payment were the monthly payments a death grant falling within regulation 82, and
(b)
F2no person covered by paragraph (a) is to be credited with an amount in respect of the election.
(4)
Where the AP beneficiary dies after the end of the refund period, F3each person covered by sub-paragraph (3)(a) is to be credited with—
(a)
if the declaration required by paragraph 2(5)(d) was made in good faith, the amount stated in the notice of the election, or
(b)
if that declaration was not made in good faith, an amount determined by the Secretary of State having regard to the contributions paid.