Regulation 17 Amount of children’s short-term and long-term pensions

Regulation E9 of the principal Regulations is amended–

(a)

in paragraph (1), by inserting after the words “E6(1)”, the words “or, as the case may be, the rate at which a widower’s short-term pension would have been payable under that regulation if regulation E6(3)(a) were disregarded”;

(b)

in paragraph (2), by inserting after the words “E5(5),” the words “or a widower’s short-term pension is payable by virtue of regulation E5(1), and the child is in the care of the widow or widower,”;

(c)

in paragraph (4)–

(i)

by inserting at the beginning the words “Subject to paragraph (4A)”;

(ii)

in sub-paragraph (a), by substituting for the words “in local government employment” the words “a pensionable employee”;

(iii)

in sub-paragraph (b), by inserting after the words “preserved benefits” the words “, or was at that time in a local government employment and would have been so entitled if he had ceased to hold that employment immediately before that time,”; and

(d)

by inserting after paragraph (4) the following paragraph:–

“(4A)

Unless the retirement pension determined under paragraph (4) would be greater, the retirement pension of a deceased person shall be taken to be that to which he would have been entitled if he were entitled to reckon the lesser of–

(a)

10 years' reckonable service;

(b)

the reckonable service which he would have been entitled to reckon if he had continued to be employed until his 65th birthday.”.