{
  "url": "https://openlegislation.uk/draft-financial-assistance-scheme-miscellaneous-provisions-regulations-2009/regulation-25",
  "json_url": "https://openlegislation.uk/draft-financial-assistance-scheme-miscellaneous-provisions-regulations-2009/regulation-25.json",
  "legislation": "ukdsi/2009/9780111480595",
  "legislation_title": "The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/draft-financial-assistance-scheme-miscellaneous-provisions-regulations-2009",
  "path": "regulation/25",
  "kind": "regulation",
  "number": "25",
  "heading": "Amendment paragraph 5 of Schedule 2",
  "text": "In paragraph 5 of Schedule 2 (survivors of qualifying members)—\n(a) in sub-paragraph (2) for “sub-paragraph (3) or (6)” substitute “sub-paragraph (3) or (6A)”;\n(b) for sub-paragraph (3) substitute—\n“\n(3) Except where sub-paragraph (6A) applies, the annual payment payable to a survivor shall be—\n( expected pension×0.9 )+H 2 −A.\n”\n(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”;\n(d) omit sub-paragraph (6);\n(e) after sub-paragraph (6) insert—\n“(6A) Where the qualifying member was a party to a polygamous marriage, the annual payment payable to each survivor shall be—\n( E+H ) N −B\n(6B) In this paragraph—\n“A” means the actual pension;\n“B” means the sum of the actual pensions of all the survivors of that qualifying member;\n“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;\n“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“N” means the number of survivors of that qualifying member.\n(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.”;\n(f) in sub-paragraph (7)—\n(i) after paragraph (b) omit “and”; and\n(ii) after paragraph (c) add—\n“and\n(d) in any case where 14 May 2004 is later than—\n(i) the day on which the qualifying member died; and\n(ii) the day on which the qualifying pension scheme began to be wound up,\nthe revaluation amount for the third survivor revaluation period (see sub-paragraphs (12) and (13)).”;\n(g) for sub-paragraph (10)(b) substitute—\n“(b) ending on—\n(i) the earlier of—\n(aa) the day from which the qualifying member became entitled to an annual payment; or\n(bb) the day from which the survivor of the qualifying member became entitled to an annual payment; or\n(ii) in any case where 14 May 2004 is later than—\n(aa) the day on which the qualifying member died; and\n(bb) the day on which the qualifying pension scheme began to be wound up,\nthe day on which the qualifying member died.”; and\n(h) after sub-paragraph (11) add—\n“(12) The third survivor revaluation period is the period—\n(a) beginning on the day after the day on which the qualifying member died; and\n(b) ending on 14 May 2004.\n(13) The revaluation amount for the third survivor revaluation period is the revaluation amount determined in accordance with paragraph 4(13A) to (13D).”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111480595/regulation/25",
    "retrieved_at": "2026-10-30T14:57:10.208862+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}