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4.—(1) The amount mentioned in paragraphs 2(l) and 3(l) is the difference between—N.I.
where—
C is the deceased’s average pensionable pay,
D is, subject to paragraph 6, his pensionable service up to 20 years, and
E is, subject to paragraph 6, any excess of his pensionable service over 20 years,
and an amount calculated in the same way but by reference only to pre-1972 pensionable service.
(2) In this paragraph and in paragraph 5 “pre-1972 pensionable service” means pensionable service reckonable otherwise than—
(a)by virtue of service as a regular firefighter after 31st March 1972; or
(b)where the conditions in article 49(1) or 49(3) were satisfied after 30th September 1973 or those in article 49(7) and 49(8) were satisfied after 31st March 1974, by virtue of article 49 (unless, having given written notice of his intention to do so, he retired for the purpose of joining another brigade); or
(c)by virtue of article 53.
Commencement Information
I1Sch. 9 Pt. 1 para. 4 in operation at 1.4.2006, see art. 1(2)
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