Regulation 38 Benefits on death of non-member spouse following commencement of designated benefit

Where an order in relation to the member spouse's retirement benefit is made in favour of the non-member spouse, who predeceases the member spouse following commencement of the designated benefit, the payment to be made in accordance with section 12 (10) of the Act of 1995 or section 17 (10) of the Act of 1996 shall be calculated on a basis which an actuary has approved as being consistent with the appropriate guidelines issued by the Society of Actuaries in Ireland. In particular and without prejudice to the generality of the foregoing, where the pension scheme concerned is an occupational pension scheme which is a funded scheme within the meaning of that term under Section 2(1) of the Act of 1990, the adequacy of the funding of the pension scheme as at the date the payment is provided for may be reflected in the calculation of the payment if the actuary is of the opinion that the resources of the pension scheme concerned would not be sufficient, if the pension scheme had been wound u

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