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[F13.—(1) This paragraph applies to—
(a)a member or former member of a qualifying scheme who—
(i)is a qualifying member under regulation 15(1), and
(ii)was entitled to present payment of a pension under the scheme rules on the crystallisation date; and
(b)a person who is regarded as a qualifying member under regulation 15(5).]
[F2(2) The annual payment payable to a qualifying member to whom this paragraph applies shall be—
F3 .]
(3) In this paragraph, “expected pension” means[F4, subject to sub-paragraph (4),] the annual rate of the pension which would have been in payment to the qualifying member in respect of rights accrued in a qualifying pension scheme as at the certification date if the scheme had not started to wind up.
[F5(4) Where the scheme manager is satisfied that it is not possible for him to determine the annual rate of the pension for the purposes of sub-paragraph (3) having regard to all the information available to him, he shall determine that annual rate, having regard to such matters as he considers relevant.]
Textual Amendments
F1Sch. 2 para. 3(1) substituted (19.12.2007) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 7(4)(a)
F2Sch. 2 para. 3(2) substituted (19.12.2007) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/3581), regs. 1(1), 7(4)(b)
F3Word in Sch. 2 substituted (4.6.2008) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2008 (S.I. 2008/1432), regs. 1, 7(2) (with reg. 8)
F4Words in Sch. 2 para. 3(3) inserted (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 7(3)(c)
F5Sch. 2 para. 3(4) added (16.12.2006) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 7(3)(d)
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