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E25.—(1) Subject to paragraph (2), the annual rate of a short-term pension under regulation E24—
(a)if regulation E24(1)(a) or (c) applies, is the annual rate of the deceased’s contributable salary on his last day in pensionable employment, disregarding any reduction by reason of sick leave or maternity leave;
(b)if regulation E24(1)(b) applies, is the annual rate, at the time of his death, of the notional salary described in regulation C6(7) or, as the case may be, C7(4);
(c)if regulation E24(1)(d) applies, is the annual rate, at the time of his death, of his retirement pension; and
(d)if regulation E24(1)(a) and (d) both apply, is the total of the rates specified in sub-paragraphs (a) and (c).
(2) If—
(a)the short-term pension is payable to a surviving spouse; and
(b)the annual rate calculated in accordance with paragraph (1) is less than that of a long-term pension to which the surviving spouse is prospectively entitled under regulation E26,
the annual rate of the short-term pension is the same as that of the long-term pension.
(3) The duration of the short-term pension payable shall be determined from the following Table and, in that Table “adult pension” means a short-term pension payable to the spouse or nominated beneficiary.
Category | Person falling within regulation E24(2) | Duration of pension (months) |
---|---|---|
1 | Spouse or nominated beneficiary. | 3 |
2 | One child or more where an adult pension is payable | 3 |
3 | One child or more where no adult pension is payable. | 6 |
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