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69. For sub-paragraph (b) of paragraph (8) of regulation 115 (amount of pension: survivor of active member), substitute—
“(b)sub-paragraph (a) does not apply if—
(i)the Secretary of State’s liability to provide a guaranteed minimum pension in respect of the surviving adult dependent is discharged by the payment of a contributions equivalent premium under section 55(2) of the 1993 Act, or
(ii)a surviving widow, widower or surviving civil partner has been convicted of an offence specified in paragraph 12 of Schedule 3(1) and the Secretary of State directed, as a consequence of that conviction, that the person’s rights to a payment in respect of the member’s death is forfeit.”.
Paragraph 12 of Schedule 3 is concerned with the forfeiture of rights to benefits.
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