Regulation 25 Amendment paragraph 5 of Schedule 2

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

for sub-paragraph (3) substitute—

“

(3) Except where sub-paragraph (6A) applies, the annual payment payable to a survivor shall be—
	$\genfrac{}{}{0.1ex}{}{\left(\text{expected pension}\times 0.9\right)+H}{2}-A.$

”

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”;

omit sub-paragraph (6);

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—

$$\genfrac{}{}{0.1ex}{}{\left(E+H\right)}{N}-B$$

(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.”;

in sub-paragraph (7)—

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

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).”.