Regulation 41 Death of non-member spouse prior to 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 and the non-member spouse predeceases the member spouse before payment of the designated benefit has commenced (and prior to a transfer amount being applied pursuant to section 12 (5), 12 (6) or 12 (8) of the Act of 1995 or section 17 (5), 17 (6) or 17 (8) of the Act of 1996) the payment to be made pursuant to section 12 (9) of the Act of 1995 or section 17 (9) of the Act of 1996 shall be calculated in accordance with articles 31 and 32 as the transfer amount which would have been applied had. the non member spouse made a valid application immediately prior to his death.