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PART DSERVICE

Reduction of added years reckonable on payment as reckonable service

D8.—(1) This regulation applies where—

(a)a consent was given under regulation 43 of the 1981 regulations or the corresponding provision of the former regulations;

(b)the person in respect of whom the consent was given is a person in relation to whom regulation F3 applies;

(c)the notice of election under regulation 98 of the 1981 regulations was given within the period of 6 months beginning on the relevant date, or in the case of a deceased employee (within the meaning of Part F) who died during that period, within the period of 12 months beginning on the date of his death; and

(d)apart from this regulation some of the person’s reckonable service would, or would if payments under regulation C10(2) were to continue up to the age specified in regulation 43(3)(a) or (b) of the 1981 regulations, be left out of account in accordance with regulation E26(1)(a) or (4).

(2) For the purposes of paragraph (1)(c) the relevant date—

(a)where regulation F3(2)(d) applies, is 12th December 1985; and

(b)in any other case, is 1st December 1984.

(3) Where this regulation applies, the consent shall be deemed always to have related not to the original number of added years but instead to the longest additional period that would not entail any such leaving out of account of reckonable service as is mentioned in paragraph (1)(d), and payments made and any remaining to be made are to be adjusted accordingly.