No double entitlement43

1

Where (apart from this regulation) any member would be entitled to a pension or retirement grant under 2 or more regulations by reason of the same period of membership–

a

the member shall be entitled to benefits under only one regulation;

b

the member may choose under which provision he or she is to be paid those benefits; and

c

if the member does not choose, the administering authority may notify the member in writing of the provision.

2

A member’s choice must be by notice in writing, given to the administering authority before the expiry of 3 months beginning with the day on which the member becomes entitled to choose under which provision the member’s pension or retirement grant is to be paid.

3

Paragraph(1) does not affect the member’s rights under the Pension Schemes Act 199315.

4

This regulation also applies to any survivor benefits payable under regulation 24 (survivor benefits: active members), 27 (children’s pensions), 33 (survivor benefits: deferred members), 34 (children’s pensions: deferred members), 36 (survivor benefits: pensioner members) or 37 (children’s pensions: pensioner members).