Article 6 Death benefits: dependants' pensions

In article 12(3) after “(7) and (8)” insert “and article 15B (restriction on the amount of dependants' scheme pensions under Finance Act 2004)”.

At the beginning of articles 12A(3)^f1, 13(3), 14(2)^f2 and 15(5)^f3 (amount of pensions payable to surviving adults and children) insert “Subject to article 15B (restriction on the amount of dependants' scheme pensions under Finance Act 2004)”.

In article 14 of the Principal Order (children’s pensions) in paragraph (5)^f4 (meaning of “child” in that article)—

At the end of article 15(8)^f5 add “or article 15B”.

In article 15A(1)^f6 after “12A”, in the second place where it occurs, insert “(before account is taken of article 15B)”.

After article 15A insert—

“Restriction on the amount of dependants' scheme pensions under Finance Act 2004

15B

(1)

This article applies if, apart from this article, any part of a pension to which any person becomes entitled under articles 11A to 15A on the death of a former participant after the age of 75 would not qualify as a dependants' scheme pension for the purposes of section 167 of the Finance Act 2004 (the pension death benefit rules) (see paragraphs 16 to 16C of Schedule 28 to that Act).

(2)

Only so much of the pension as is a dependants' scheme pension for those purposes is payable.”.