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5. In paragraph (1) of regulation 6 of the Occupational Pension Schemes (Modification of Schemes) Regulations 1996(1) (exemption from the restriction on powers to modify schemes) after sub-paragraph (d) there shall be inserted:—
“(da)any alteration to scheme rules to enable the scheme, with the agreement of the member in question, to provide any pension or purchase any annuity in respect of protected rights the rate of which is not determined on the basis that the member will, in the event of his or her death, leave a widow or widower.”
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