(1) This section applies if:
(a) a covered ADF member dies; and
(b) immediately after his or her death, there is neither a surviving spouse of the member nor any eligible children of the member.
(2) A single benefit of the death benefit lump sum for the member's death is payable:
(a) to or for all the persons for whom all the following conditions are met:
(i) the member made provision for the persons in his or her will;
(ii) the persons were dependent on the member;
(iii) benefit would not be payable under Division 2 or 3 to or for the persons;
(iv) the member notified CSC in writing that subparagraphs (i), (ii) and (iii) apply to the persons; or
(b) if there are no such persons--to the executor of the member's will or the administrator of the member's estate.
Note: If there are 2 or more persons covered by paragraph (a), section 39 will affect how much each of them receives.