Paragraph 4
Subject to the provisions of this Schedule, unless—
the appropriate administering authority are of the opinion, on consideration of a report obtained by them under paragraph 3, that the person to whom the report relates is not in good health; or
they are of opinion that the evidence produced concerning marriage or dependency is not satisfactory,
they shall—
allow the surrender of such part of the retirement pension as is specified in the person’s notification and as is in conformity with this Schedule; and
grant to the beneficiary named in the notification a pension, payable in the event of the beneficiary’s surviving the person and to be calculated in accordance with regulation D14(4).
Where—
a person is named as spouse in the notification given under paragraph 2; and
the appropriate administering authority are dissatisfied with the evidence of marriage, but are satisfied, on the evidence already before them or after making such further inquiries as they think necessary, that the named person is a dependent of the person who gave the notification,
they shall treat the notification as if the person named in it as spouse had been named as a dependant of the person giving the notification.
A decision by an appropriate administering authority to allow a surrender by a retiring employee shall not be made before the date on which he ceases to be employed, and a decision by an appropriate administering authority to allow a surrender by a continuing employee shall not be made before the date on which he becomes such an employee.
As soon as is reasonably practicable after deciding whether to allow a surrender of any part of the retirement pension of a person who has given them a notification under paragraph 2, the appropriate administering authority shall—
notify him of their decision; and
if they have allowed a surrender, furnish him—
with a statement as to the amount of the pension to which the beneficiary may become entitled after his death; and
if the person who gave the notification under paragraph 2 is retiring employee, with a statement as to the amount of the reduced retirement pension to which he is entitled.
A notification of a decision not to allow a surrender shall state the grounds for the decision.
A notification sent to a person under sub-paragraph (4) shall, if it has been posted in a prepaid envelope addressed to him, be deemed to have been received by him at the time at which a letter would be delivered in the ordinary course of post.