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3.—(1) Section 48B of the Contributions and Benefits Act (Category B retirement pension for surviving spouse or civil partner) is amended as follows.
(2) In subsection (1) for “the conditions specified in Schedule 3, Part 1, paragraph 5” substitute “the relevant conditions or condition”.
(3) After subsection (1) insert—
“(1ZA) In subsection (1) above “the relevant conditions or condition” means—
(a)in a case where the spouse—
(i)died before 6th April 2010, or
(ii)died on or after that date having attained pensionable age before that date,
the conditions specified in Schedule 3, Part 1, paragraph 5;
(b)in a case where the spouse died on or after that date without having attained pensionable age before that date, the condition specified in Schedule 3, Part 1, paragraph 5A.”.
(4) In subsection (1A) for “the conditions specified in Schedule 3, Part 1, paragraph 5” substitute “the condition specified in Schedule 3, Part 1, paragraph 5A”.
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