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12. In regulation H5 (member dies with preserved pension), for paragraph (3)(1) substitute—
“(3) Subject to paragraph (3A), if the member dies 12 months or more after leaving pensionable employment, the allowance will be calculated as described in whichever of paragraphs (4) or (5) apply, as a proportion of the amount of the member’s preserved pension if paragraph (11)(c) of regulation E5A applies to the member, otherwise the greater of—
(a)the member’s preserved pension; and
(b)the amount that the preserved pension would have been if it had been based on 10 years’ pensionable service.”.
Paragraphs (3) and (3A) were substituted by S.I. 2008/654.
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