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Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002

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Separate benefits and dependants' benefits

5.—(1) This paragraph applies where an active pensioner, a rejoining pensioner, an active deferred member or a rejoining deferred member or a former such person does not make an election under regulation 31(1) of the 2002 Regulations.

(2) Regulation 31(9) of those Regulations shall apply in relation to him instead of paragraph 16 of Schedule D5 to the 2000 Regulations.

(3) When he dies, regulation 50 of the 2002 Regulations (dependants of re-employed pensioners) shall apply instead of Part IV of Schedule D5 to the 2000 Regulations.

(4) But, if he made an election under paragraph 9(1) of Schedule D5 to the 2000 Regulations which continues in effect until his death, regulation 50 of the 2002 Regulations shall apply as if the single pension to which he became entitled by virtue of that election was an unreduced retirement pension within regulation 50(1) of those Regulations.

(5) This sub-paragraph applies if when he dies, by virtue of regulation 50 of the 2002 Regulations, all the benefits payable on his death (except short-term pensions payable under the old provisions or the 2002 Regulations) are calculated on the assumption that he has made an election under regulation 31(1) of the 2002 Regulations.

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