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129. (Repealed).

129. In the case of a contributor to whom a retirement pension is payable for the month during which he died, the amount of the retirement pension to be used in calculating the death benefit is the amount of such pension for that month. In establishing the amount of the retirement pension, a partition effected pursuant to sections 158.3 to 158.8 or a similar plan shall not be taken into account.

Nevertheless, where the basic number of contributory months of the contributor is greater than the total number of months in his contributory period, the amount of the pension must, for the purposes of calculating the death benefit, be multiplied by the ratio that the basic number of contributory months of the contributor bears the greater of 36 and to the total number of months in his contributory period.

Furthermore, in the case of a contributor to whom a retirement pension becomes payable after 31 December 1983, the amount of the retirement pension to be used in calculating the death benefit is the amount of the pension calculated without regard to the adjustment provided for in section 120.1.

129. In the case of a contributor to whom a retirement pension is payable for the month during which he died, the amount of the retirement pension to be used in calculating the death benefit is the amount of such pension for that month.

Nevertheless, where the basic number of contributory months of the contributor is greater than the total number of months in his contributory period, the amount of the pension must, for the purposes of calculating the death benefit, be multiplied by the ratio that the basic number of contributory months of the contributor bears to the total number of months in his contributory period.

Furthermore, in the case of a contributor to whom a retirement pension becomes payable after 31 December 1983, the amount of the retirement pension to be used in calculating the death benefit is the amount of the pension calculated without regard to the adjustment provided for in section 120.1.

129. In the case of a contributor to whom a retirement pension is payable for the month during which he died, the amount of the retirement pension to be used in calculating the death benefit is the amount of such pension for that month, calculated without regard to sections 159 to 163.

Nevertheless, where the basic number of contributory months of the contributor is greater than the total number of months in his contributory period, the amount of the pension must, for the purposes of calculating the death benefit, be multiplied by the ratio that the basic number of contributory months of the contributor bears to the total number of months in his contributory period.

Furthermore, in the case of a contributor to whom a retirement pension becomes payable after 31 December 1983, the amount of the retirement pension to be used in calculating the death benefit is the amount of the pension calculated without regard to the adjustment provided for in section 120.1.

129. In the case of a contributor to whom a retirement pension is payable for the month during which he died, the amount of the retirement pension to be used in calculating the death benefit is the amount of such pension for that month, calculated without regard to sections 159 to 163.

Nevertheless, where the contributor’s retirement pension became payable to him commencing with any month before January 1976, in calculating the death benefit the amount of that pension must be multiplied by the ratio that the basic number of contributory months of the contributor bears to the total number of months in his contributory period.

However, in the case of a contributor to whom a retirement pension becomes payable after 31 December 1983, the amount of the retirement pension to be used in calculating the death benefit is the amount of the pension calculated without regard to the adjustment provided for in section 120.1.

129. In the case of a contributor to whom a retirement pension is payable for the month during which he died, or would have been payable to him if he had been retired from regular employment, the amount of the retirement pension to be used in calculating the death benefit is the amount of such pension for that month, calculated without regard to sections 159 to 163.

Nevertheless, where the contributor’s retirement pension became payable to him commencing with any month before January 1976, in calculating the death benefit the amount of that pension must be multiplied by the ratio that the basic number of contributory months of the contributor bears to the total number of months in his contributory period.