I only said it was deterministic - not that it worked as before :-)
Starting from a single window, single pane, brief emulation. f3, <down>, f3, <down>; gives me 3 panes. f4 <up> merges the top two panes in B4, previously it would merge the bottom two panes. If the latter behaviour is available then I (and I suspect the rest of the brief emulation crowd) would prefer it.