The death benefits recognised by the registered pension scheme legislation appear in the pension death benefit rules and the lump sum death benefit rule. Schemes are usually established in such a way as to give discretion to the trustees, manager or administrator as to how to distribute death benefits. (Under an occupational scheme this is achieved by way of a discretionary trust.)

The pension death benefit rules (dealing with income benefits) are:

Pension death benefit rule 1: the pension death benefit is payable to a dependant, nominee or successor of the member and nobody else. However, this is subject to rule 2.

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