Amendment paragraph 5 of Schedule 2
25. In paragraph 5 of Schedule 2 (survivors of qualifying members)—
(a)in sub-paragraph (2) for “sub-paragraph (3) or (6)” substitute “sub-paragraph (3) or (6A)”;
(b)for sub-paragraph (3) substitute—
(c)in sub-paragraph (4) for “on the crystallisation date” substitute “on the day before the day on which the qualifying pension scheme began to be wound up”;
(d)omit sub-paragraph (6);
(e)after sub-paragraph (6) insert—
“(6A) Where the qualifying member was a party to a polygamous marriage, the annual payment payable to each survivor shall be—
(6B) In this paragraph—
“A” means the actual pension;
“B” means the sum of the actual pensions of all the survivors of that qualifying member;
“E” means one half of the product of 0.9 multiplied by the expected pension which would be determined in accordance with sub-paragraph (3) if sub-paragraph (6A) did not apply;
“H” means the aggregate of any annual increases determined in accordance with paragraph 9 to which the qualifying member was entitled before the day on which the qualifying member died;
“N” means the number of survivors of that qualifying member.
(6C) Where a survivor of a qualifying member who was a party to a polygamous marriage dies, the annual payment payable to each survivor of that qualifying member shall be redetermined with effect from the day after the day on which the survivor died.”;
(f)in sub-paragraph (7)—
(i)after paragraph (b) omit “and”; and
(ii)after paragraph (c) add—
“and
(d)in any case where 14 May 2004 is later than—
(i)the day on which the qualifying member died; and
(ii)the day on which the qualifying pension scheme began to be wound up,
the revaluation amount for the third survivor revaluation period (see sub-paragraphs (12) and (13)).”;
(g)for sub-paragraph (10)(b) substitute—
“(b)ending on—
(i)the earlier of—
(aa)the day from which the qualifying member became entitled to an annual payment; or
(bb)the day from which the survivor of the qualifying member became entitled to an annual payment; or
(ii)in any case where 14 May 2004 is later than—
(aa)the day on which the qualifying member died; and
(bb)the day on which the qualifying pension scheme began to be wound up,
the day on which the qualifying member died.”; and
(h)after sub-paragraph (11) add—
“(12) The third survivor revaluation period is the period—
(a)beginning on the day after the day on which the qualifying member died; and
(b)ending on 14 May 2004.
(13) The revaluation amount for the third survivor revaluation period is the revaluation amount determined in accordance with paragraph 4(13A) to (13D).”.