39. On the date the pension becomes payable, its annual amount must not exceed 70% of the average indemnity received by a Member for his three best remunerated years of service during his last term of office, or during all his terms provided they were uninterrupted.
For the purposes of this section, the indemnity for any year is presumed to have been received uniformly during the whole period of service counted for such year.
If the beneficiary has less than three years of service during the successive terms of office, the average indemnity is computed exclusively on the basis of the years of service that he counts for that period.
If, however, the beneficiary has already been a Member of the Assembly at an earlier time, for a period separated from the period of successive terms, the years of service of such separate period may be taken into consideration to the extent that it results in an increase in the average indemnity received by the Member for his three best remunerated years of service.
For the purposes of this section, the average indemnity is indexed from the time that the beneficiary ceased, for the last time, to be a Member of the Assembly until the date that a pension is payable to him, in the manner provided in section 38.