22. In regulation 41(1) (allowances for pensioners)–
(a)for sub-paragraph (b) substitute–
“(b)on so ceasing regulation 39 does not apply, but he becomes entitled–
(i)under Part II of the LGPS Regulations to receive payments in respect of an annual retirement pension and regulation 22 of those Regulations (different relevant period for calculating pensionable remuneration where a material reduction has been certified) does not apply; or
(ii)under the Benefits Regulations to receive payments in respect of an annual retirement pension and regulation 43 of the Administration Regulations (permanent reductions in pay: certificates of protection of pension benefits) does not apply; and”; and
(b)in sub-paragraph (c), after “the LGPS Regulations” insert “or as defined by regulation 9(2) of the Benefits Regulations (final pay: general)”.