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5. Regulation E11 of the principal Regulations is amended–
(a)in paragraph (3)–
(i)by inserting after the words“C is the length in years of his reckonable service” the following:
“C1 is the length in years of the reckonable service that would have been taken into account in calculating a retirement pension if he had become entitled to one under regulation E2(1)(b)(i) (permanent ill-health etc.) on the day of his death,
C2 is the length in years of the reckonable service taken into account in calculating his retirement pension,”, and
(ii)by substituting for the words“G is the annual rate of his retirement pension” the words“G is the total amount that would (or would but for regulation E15 or his death, or both,) have been paid to him by way of retirement pension for the first 5 years after he became (or would but for regulation E15 have become) entitled to receive payments in respect of the pension”;
(b)by substituting for paragraph (4) the following:
“(4) subject to paragaph (9), where paragraph (1)(a) applies the amount of the death grant is the greater of A and (B × Cl).
(4A) Subject to paragraphs (9) and (11), where paragraph (1)(b) or (c) and paragraph (2)(b) apply and the deceased became entitled to the retirement pension otherwise than by virtue of regulation E2(1)(c) the amount of the death grant is the greater of A and (B × C2).”;
(c)in paragraph (5)–
(i)by substituting for sub-paragraph (b) the following:
“(b)paragraph (1)(b) or (c) and paragraph (2)(a) apply and–
(i)the deceased became entitled to the retirement pension by virtue of regulation E2(1)(c), and
(ii)the reckonable service that would have been taken into account in calculating a retirement pension if he had remained in his local government employment until pensionable age is 10 years or more,”, and
(ii)by substituting for the formulae
(d)in paragraph (6), by substituting for the words“is 5 × G” the words“is G”;
(e)in paragraph (7)–
(i)in sub-paragraph (a), by substituting for the words after“regulation E2(1)(c)” the words“and the reckonable service that would have been taken into account in calculating a retirement pension if he had remained in his local government employment until pensionable age is less than 10 years, or”, and
(ii)by substituting for the formula
(f)in paragraph (8), by substituting for the formula“B × C” the formula“B × C2”.
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