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78. In regulation 3.E.19 (amount of lump sum: dual capacity members: members with pensions under regulation 3.D.5)—
(a)in paragraph (1)—
(i)in sub-paragraph (a) for “is an active member”, substitute “was an active member or a non-contributing member”;
(ii)in sub-paragraph (b) for “is”, substitute “was”;
(b)for paragraph (2), substitute—
“(2) The lump sum is an amount—
(a)equal to the sum of—
(i)in the case of a deceased active member, twice the appropriate fraction of the annual average of the member’s uprated earnings at the date of death, or
(ii)in the case of a deceased non-contributing member, twice the appropriate fraction of the annual average of the member’s uprated earnings at the member’s last day of pensionable service, and”;
(c)in paragraph (5) (in the definition of “DPS”) after “active member”, insert “or a non-contributing member”.
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