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31.—(1) Regulation E29 shall be amended as provided by paragraphs (2) to (8).
(2) In paragraph (1) for “paragraphs (3) to (6)” there shall be substituted “paragraphs (1A) and (3) to (5)”.
(3) In paragraph (1)(a) after “surviving spouse” there shall be inserted “, surviving civil partner”.
(4) After paragraph (1) there shall be inserted —
“(1A) Where an adult pension is payable to the surviving civil partner of —
(a)a man, or
(b)a woman whose nomination under regulation E23 ceased to have effect when she formed a civil partnership,
the annual rate of the children’s pension is the appropriate fraction of the deceased’s average salary multiplied by the sum of the notional family benefit service and the additional family benefit period.”.
(5) In paragraph (3) for “paragraphs (4) to (6)” there shall be substituted “paragraphs (4) and (5)”.
(6) In paragraph (3)(c) for “what would have been his family benefit service if regulation E28(4) had applied (“the notional family benefit service”)” there shall be substituted “the notional family benefit service”.
(7) In paragraph (5) for “C is the notional family benefit service,” there shall be substituted “C is the sum of the notional family benefit service and the additional family benefit period,”.
(8) After paragraph (6) there shall be added—
“(7) The notional family benefit service is the period (in years) which would have been the deceased’s family benefit service if regulation E28(4) had applied.
(8) The additional family benefit period is the period (in years) of the deceased’s reckonable service (other than a period which counts as part of the notional family benefit service) in respect of which family benefit contributions have been paid under Part IIA of Schedule 6 or are treated as having been paid under Part III of that Schedule in respect of an election made under Part IIA of that Schedule.”.
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