The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 No. 1851

PART 2 Amendment of the FAS Regulations

Amendment paragraph 5 of Schedule 2

25.  In paragraph 5 of Schedule 2 (survivors of qualifying members)—

(a) in sub-paragraph (2) for “sub-paragraph (3) or (6)” substitute “sub-paragraph (3) or (6A)”;

(b) for sub-paragraph (3) substitute—

“(3) Except where sub-paragraph (6A) applies, the annual payment payable to a survivor shall be—
		.”

(c) in sub-paragraph (4) for “on the crystallisation date” substitute “on the day before the day on which the qualifying pension scheme began to be wound up”;

(d) omit sub-paragraph (6);

(e) after sub-paragraph (6) insert—

“(6A) Where the qualifying member was a party to a polygamous marriage, the annual payment payable to each survivor shall be—

(6B) In this paragraph—

“A” means the actual pension;

“B” means the sum of the actual pensions of all the survivors of that qualifying member;

“E” means one half of the product of 0.9 multiplied by the expected pension which would be determined in accordance with sub-paragraph (3) if sub-paragraph (6A) did not apply;

“H” means the aggregate of any annual increases determined in accordance with paragraph 9 to which the qualifying member was entitled before the day on which the qualifying member died;

“N” means the number of survivors of that qualifying member.

(6C) Where a survivor of a qualifying member who was a party to a polygamous marriage dies, the annual payment payable to each survivor of that qualifying member shall be redetermined with effect from the day after the day on which the survivor died.”;

(f) in sub-paragraph (7)—

(i) after paragraph (b) omit “and”; and

(ii) after paragraph (c) add—

“and

(d) in any case where 14 May 2004 is later than—

(i) the day on which the qualifying member died; and

(ii) the day on which the qualifying pension scheme began to be wound up,

the revaluation amount for the third survivor revaluation period (see sub-paragraphs (12) and (13)).”;

(g) for sub-paragraph (10)(b) substitute—

“(b) ending on—

(i) the earlier of—

(aa) the day from which the qualifying member became entitled to an annual payment; or

(bb) the day from which the survivor of the qualifying member became entitled to an annual payment; or

(ii) in any case where 14 May 2004 is later than—

(aa) the day on which the qualifying member died; and

(bb) the day on which the qualifying pension scheme began to be wound up,

the day on which the qualifying member died.”; and

(h) after sub-paragraph (11) add—

“(12) The third survivor revaluation period is the period—

(a) beginning on the day after the day on which the qualifying member died; and

(b) ending on 14 May 2004.

(13) The revaluation amount for the third survivor revaluation period is the revaluation amount determined in accordance with paragraph 4(13A) to (13D).”.