Part II Contributory Benefits
Retirement pensions (Categories A and B)
46 Modifications of s. 45 for calculating the additional pension in certain benefits.
F1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
For the purpose of determining the additional pension falling to be calculated under section 45 above by virtue of section 39(1) F2. . . above or section 50(3) below in a case where the deceased spouse died under pensionable age, the following definition shall be substituted for the definition of “N” in section 45(4)(b) above—
“N = the number of tax years which begin after 5th April 1978 and end before the date when the entitlement to the additional pension commences, except that if—
(i)
in a case where the deceased spouse was a man, that number would be greater than 49, or
(ii)
in a case where the deceased spouse was a woman, that number would be greater than 44,
N = 49 or 44, as the case may be”.