# The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009, Regulation 25: Amendment paragraph 5 of Schedule 2


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—
( expected pension×0.9 )+H 2 −A.
”
(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—
( E+H ) 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.”;
(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).”.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111480595/regulation/25 (the official version)
Page: https://openlegislation.uk/draft-financial-assistance-scheme-miscellaneous-provisions-regulations-2009/regulation-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.