PART 2 The 85 year rule

3 Other early leavers: deferred retirement benefits and elections for early payment
In regulation 30–
(a) in paragraph (4), omit the words from the beginning of the paragraph up to and including “is less than 85 years,”; and
(b) in paragraph (7), omit the words from “or such earlier date” to the end.

4 Re employed and rejoining deferred members
In regulation 31(5)(a), for “, 27(1) and (2) and 30(4)” substitute “and 28”.

5 Power of employing authority to increase total membership
After regulation 51(10) insert–

“11 An additional period arising from a resolution under this regulation on or after 1st April 2008 shall be treated as a period of membership after that date.”

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6 Commencement of pensions
Omit regulation 92(2)(b).

7 Right to count credited period
In regulation 122–
(a) in paragraph (4), omit the words “or, if earlier” to the end of the paragraph; and
(b) after paragraph (6), insert–

“6A A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who was an active member immediately before 1st December 2006 shall be treated as a period of membership before that date.
6B A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who becomes a member on or after 1st December 2006 shall be treated as a period of membership after that date.”

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8 Rights as to service not matched by credited period
In regulation 123(2), omit sub paragraph (b).

9 Credited periods for transferring members with mis sold pension rights
In regulation 124, at the end of paragraph (3) add “(and regulation 122(6B) does not apply to a transfer value credited under this regulation)”.