Pre-1972 pensionable service not up-rated
3.—(1) This paragraph shall apply in the case of such a widow as is mentioned in paragraph 2 where—
(a)her husband last before 1st April 1972 paid pension contributions at a rate related to 5% of his pensionable pay, and
(b)neither he nor the widow exercised any right of election accorded by Regulation 58(2), 59(2), 60(2) or 61(2) of the Regulations of 1973,
and, in such a case Part I of Schedule C (“Part I”) shall have effect as if for sub-paragraphs (1), (2) and (3) of paragraph 1 thereof there were substituted the like provision as is made by the following sub-paragraph.
(2) Where this paragraph applies the annual amount of the widow’s ordinary pension shall, subject to paragraphs 2 and 3 of Part I, equal a half of the amount specified in paragraph 5(1) of this Part:
Provided that the amount payable in respect of any week on account of the pension shall not be less than it would have been either—
(a)had the weekly amount thereof fallen to be calculated as provided in Scheme II of Part II of Schedule 3 to the Police Pensions Regulations 1971(1), or
(b)had the annual amount thereof fallen to be calculated in accordance with Part V of Schedule C in like manner as a widow’s requisite benefit pension.