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54.—(1) If an election by a member (M) under regulation 51 has taken effect—
(a)M’s pension is reduced accordingly (even if the beneficiary predeceases M); and
(b)if the beneficiary survives M, on M’s death the beneficiary becomes entitled to the payment of a pension for life of such amount as is determined in accordance with regulation 52.
(2) An allocation is disregarded if it would result in a pension being paid to a beneficiary who is neither—
(a)M’s spouse or civil partner on the date when M becomes entitled to the pension or dies; nor
(b)at the time of M’s death, a dependant of M (within the meaning of paragraph 15(2) or (3) of Schedule 28 to the 2004 Act(1)).
(3) References in these Regulations to pensions under Part 5 do not include pensions under this regulation, except where context otherwise requires.
(4) A pension under this regulation is payable to the beneficiary in addition to a pension payable in respect of M’s death under Part 6.
Paragraph 15(3) of Schedule 28 has been amended by regulations 175 and 180(c) of S.I. 2005/3229.
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