s.39Death benefit prior to application for pension entitlement
39
Section 39Part 6 — Benefits

Death benefit prior to application for pension entitlement

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If a member or former member of a pension plan dies before the commencement of payment of a pension, the person who is the spouse or civil partner of the member or former member on the date of the death of the member or former member is entitled either to an immediate or deferred pension the commuted value of which is at least equal to the commuted value of the deferred pension of the member or former member.
The surviving spouse or civil partner who elects to receive a deferred pension may further elect that either —
the pension in respect of the deferred benefit described in subsection (1) shall be paid to the spouse or civil partner —
no earlier than ten years before the spouse or civil partner attains the age of sixty-five; or
no later than the spouse's or civil partner's normal age of pension entitlement under the plan; or
the commuted value of the defined benefit shall be paid by the administrator to one of the vehicles or for one of the purposes specified in section 34(1).
If a member continues in employment after the normal pension entitlement date under the pension plan and dies before the commencement date of the payment of benefits, the person who is the spouse or civil partner of the member on the date of death of the member is entitled to an immediate or deferred pension the commuted value of which is at least equal to the commuted value of the pension benefit of the member at the date of death.
For the purposes of this section, the deferred pension or pension benefits to which a member is entitled if the member dies while employed shall be calculated as if the member's employment were terminated immediately before the member's death.
A member or former member may designate a beneficiary and the beneficiary is entitled to be paid an amount equal to the commuted value of the deferred pension mentioned in subsection (1) or (3), if the member or former member does not have —
any dependent child or children; and
a spouse or civil partner on the date of death.
The personal representative of the estate of a member or former member may receive payment of the commuted value of a pension under this section as the property of the member or former member if the member or former member —
has not designated a beneficiary in accordance with subsection (5); and
does not have a spouse or civil partner on the date of the member's or former member's death.
If the pension plan provides for payment of pension benefits to or for a dependent child or dependent children of the member or former member, upon the death of the member or former member, the commuted value of the payments may be deducted from the entitlement of a beneficiary designated under subsection (5) or of a personal representative under subsection (6).
A person entitled to payment under this section shall provide the administrator with the relevant information respecting such payment.
The administrator is discharged from all liabilities on making payment in accordance with the information provided by the person pursuant to subsection (8).
In this section — "personal representative" has the meaning assigned to it by section 2 of the Succession Act (2021 Revision).

Defined Terms

personal representative

Cross References

Referenced By