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73.—(1) Regulation 211 (Amount of lump sum: dual capacity members (disregarding regulation 180 employments)) is amended as provided by paragraphs (2) and (3).
(2) In paragraph (1)—
(a)in sub-paragraph (a) for “is an active member”, substitute “was an active member or a non-contributing member”;
(b)in sub-paragraph (b) for “is”, substitute “was”.
(3) In paragraph (2) for sub-paragraph (a), substitute—
“(a)five times the annual rate of pension—
(i)payable under regulation 182(5) (tier 2 ill-health pension), if the deceased had not reached the age of 65,
(ii)payable under regulation 176 (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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