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2. For regulation 17(1)(a) and (b) of the Church of England Pensions Regulations 1988(1) substitute—
“(a)if at the date of death the scheme member was in receipt of a pension under these regulations, the pension received by the member or, if the scheme member had chosen to give up pension for an additional lump sum under Rule 9A of the Church of England (Lump Sum Payments) Rules 1988 (being rules made under section 3 of the Clergy Pensions (Amendment) Measure 1967(2)), the pension the member would have been receiving had he not done so;
(b)if at the date of death the scheme member had attained the retiring age but was not in receipt of a pension under these regulations, the pension to which the member would have been entitled if he had retired on the date of his death and had not given up pension for an additional lump sum under Rule 9A of the Church of England (Lump Sum Payments) Rules 1988;”.
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