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9. For paragraph (2) of regulation 35 (Member dies after pension becomes payable), substitute—
“(2) Subject to paragraphs (2A) and (8)—
(a)the allowance will be calculated as described in whichever of paragraphs (3) or (4) apply; and
(b)where the member was, on the date of the member’s death—
(i)not a 2008 Section Optant within the meaning of regulation 136A or regulation 260A of the 2008 Section of the Scheme (application of Chapter 10 of Part 2 and Chapter 10 of Part 3, respectively), whose pensionable service—
(aa)equalled, or exceeded, 10 years, as a proportion of the amount of the member’s pension based on that service;
(bb)was less than 10 years, as a proportion of the amount the member’s pension would have been if it had been based on 10 years pensionable service,
(ii)such a 2008 Section Optant, as a proportion of the amount of the member’s pension.”.
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