In Part I of Schedule 3 (awards on death-spouses), after paragraph 2 there shall be inserted–

“3.

If the deceased was a pension debit member, paragraph 2 only applies if the amount of the ordinary pension calculated in accordance with rule E9 would exceed the amount calculated in accordance with paragraph 1 if the reduction of the member’s rights by virtue of section 31 of the Welfare Reform and Pensions Act 1999 were disregarded.”.