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Retirement benefits: amendment of death-in-service provision
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12. Section 772 of the Principal Act is amended—
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(a) in subsection (3), by the substitution of the following paragraph for paragraph (b):
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“(b) that any pension or benefit for any widow, widower, surviving civil partner, children or dependants, or children of the surviving civil partner, of an employee who dies before retirement shall be provided for as either—
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(i) a pension or pensions payable on the employee’s death of an amount that does not or, as the case may be, do not in aggregate exceed any pension or pensions which, consonant with the condition in paragraph (a), could have been provided for the employee on retirement on attaining the specified age, if the employee had continued to serve until the employee attained that age at an annual rate of remuneration equal to the employee’s final remuneration, or
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(ii) benefits transferred to an approved retirement fund on the employee’s death of an amount that does not or, as the case may be, do not in aggregate exceed any benefit which, consonant with the condition in paragraph (a), could have been provided for the employee on retirement on attaining the specified age, if the employee had continued to serve until the employee attained that age at an annual rate of remuneration equal to the employee’s final remuneration;”,
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and
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(b) by the insertion of the following subsection after subsection (3I):
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“(3J) Where benefits are provided in accordance with subsection (3)(b)(ii), sections 784A and 784B shall apply—
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(a) as if the transfer of the benefits were the exercise of an option in accordance with section 784(2A), and
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(b) with any necessary modifications, as if—
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(i) any reference in those sections to the person lawfully carrying on in the State the business of granting annuities on human life were a reference to the trustees of the retirement benefit scheme, and
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(ii) any reference in those sections to the annuity contract were references to the retirement benefit scheme.”.
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