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Regulation 167 Payment of one benefit only in respect of deceased member

(1)

This regulation applies for the purpose of determining benefits payable to a surviving adult or eligible child (P) in respect of a member's continuous period of pensionable service under this scheme.

(2)

P is not entitled to be paid in respect of the member's period of service both—

(a)

a surviving adult's pension or an eligible child's pension; and

(b)

an award under the Injury Benefits Regulations.

(3)

P may choose which of the benefits in paragraph (2) P wishes to be paid.

(4)

If P chooses which benefit P wishes to be paid, the scheme manager must pay P that benefit.

(5)

If P does not choose which benefit P wishes to be paid, the scheme manager must pay P—

(a)

the benefit which is for the time being greater; or

(b)

if the amount of both benefits is the same, that amount.