Amendment of regulation 196
64.—(1) Regulation 196 (Amount of pensions under regulation 194: active members) is amended as provided by paragraphs (2) and (3).
(2) In the heading after “active ”, insert “and non-contributing”.
(3) For paragraph (1), substitute—
“(1) In the case of an active member or a non-contributing member, for the period of 6 months beginning with the day after the member’s death (“the initial period”) the rate of the pension payable under regulation 194 (if that amount is greater than the amount of the pension payable to the surviving adult under this Chapter apart from this paragraph), is equal to—
(a)in the case of a deceased active member, the rate of the member’s pensionable earnings during the last complete quarter before the member’s death;
(b)in the case of a deceased non-contributing member, the monthly average of the deceased’s uprated earnings on the member’s last day of pensionable service.”.