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2.9.—(1) This regulation applies where —
(a)a lump sum is payable by virtue of the member having died in service before retirement; or
(b)death occurs once the member has left pensionable service where his entitlement to a lump sum was preserved under an order made under section 141 of the Pension Schemes Act 1993(1) or section 137 of the Pension Schemes (Northern Ireland) Act 1993(2).
(2) Where this regulation applies, the maximum lump sum which may be paid shall be the greater of —
(a)£5,000; or
(b)4 times the greater of the annual rate of the member’s salary or of the member’s pensionable pay at the date of death or, where paragraph (1)(b) applies, the date of leaving office, less the aggregation of the benefits set out in paragraph (3).
(3) The benefits to be aggregated for the purposes of paragraph (2)(b) are —
(a)retained death benefits;
(b)the death benefits provided by the scheme constituted under Part 1 of the 1993 Act or an existing scheme including benefits resulting from the purchase of added years or added benefits;
(c)any death benefit provided by a voluntary contributions scheme.
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