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2. The following circumstances are prescribed for the purposes of paragraph 4 of Part 2 of Schedule 7 to the Act (State retirement pensions)—
(a)the man is in receipt of a pension from the scheme and has not attained pensionable age but would have attained pensionable age if he were a woman; and
(b)an additional amount of pension is paid to the man which does not exceed the amount of Category A retirement pension that would be payable to a woman with earnings the same as the man’s earnings in respect of his period of pensionable service under the scheme (assuming that the requirements for entitlement to Category A retirement pension were satisfied and a claim made).
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