(1) Where an order in relation to the member spouse's retirement benefit is made and the member spouse predeceases the person in whose favour the order is made before payment of the designated benefit has commenced (and prior to a transfer amount being applied pursuant to section 12 (5), 12 (6) or 12 (8) of the Act of 1995 or section 17 (5), 17 (6) or 17 (8) of the Act of 1996), the payment to be made pursuant to section 12 (7) of the Act of 1995 or section 17 (7) of the Act of 1996 shall be calculated in accordance with whichever of the following paragraphs is applicable:

(a) Where designated benefit is calculated on a defined benefit basis and the order is made in favour of the non member spouse the payment shall be calculated in accordance with article 31 as the transfer amount which would have been applied had that spouse made a valid application immediately prior to the member spouse's death.