Regulation 96 Adult pensions: long-term rate

Except as provided in regulation 95 (adult pensions: short-term rate), the annual rate of an adult pension is 1/160 x the average salary of the person (D) on whose death the pension is payable x D's family benefit service (in years and fractions of a year).

But where a pension-sharing order has taken effect, the amount of the pension must be reduced by the same proportion by which D's retirement benefits were reduced or would have been reduced if they had been payable at the date of D's death.

Where paragraph 27 of Schedule 5 applies and a person entitled to limit the amount of the deduction or lump sum has done so, the retrospective salary increase is not to be taken into account in calculating D's average salary for the purpose of paragraph (1).

Part 1 of Schedule 9 (family benefit service) has effect for determining D's family benefit service.