Questão jurídica principal
Whether the insured's option for a retirement capital payment displaced the pension fund's deferral clause after his death during the deferral period.
Decisão extraída
No. The insured remained subject to the deferral clause; death occurred before the deferred retirement benefit became due.
Fundamentação extraída
By choosing deferral, the insured bound himself to the deferral arrangement. The later capital election did not make the benefit immediately payable; the six-month notice period only postponed the earliest due date. Since death occurred during the deferral, the regulatory death clause applied.