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44.—(1) Regulation 84 (Amount of lump sum: dual capacity members (disregarding regulation 49 employments)) is amended as provided by paragraphs (2) and (3).
(2) In paragraph (1)(a) after “active member”, insert “or a non-contributing member”.
(3) In paragraph (2) for sub-paragraph (a), substitute—
“(a)five times the annual rate of pension—
(i)payable under regulation 52(5) (tier 2 ill-health pension), if the deceased had not reached the age of 65,
(ii)payable under regulation 45 (normal retirement pensions), if the deceased had reached the age of 65,
to which the member would have been entitled—
(aa)in the case of a deceased active member, at the member’s date of death, or
(bb)in the case of a deceased non-contributing member, on the last day of the member’s pensionable service; and”.
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