30.— (1) If a Scheme member, other than the President or a qualifying office holder but including an Attorney General who is not a member of either House of the Oireachtas, dies while serving as a pensionable public servant, his or her legal personal representative shall, subject to subsection (2), be eligible to receive as a lump sum payment an amount, in this Part referred to as a “death gratuity”, equal to twice the Scheme member’s pensionable remuneration in the 12 months prior to his or her death less—

(a) any superannuation lump sum payable or already paid either from the Scheme or from a pre-existing public service pension scheme, and

(b) any other death gratuity payable or already paid from a pre-existing public service pension scheme.

(2) Where the aggregate amount payable or already paid and to which paragraphs a) and (b) of subsection (1) relate is equal to or greater than twice the Scheme member’s pensionable remuneration in the 12 months prior to his or her death, then the legal personal representative of the deceased member shall not be eligible to receive any amount in addition to that so payable or already paid.