B7.—(1) Subject to paragraphs (5) and (6), a person who has made an election under regulation B6, who has since been in employment which would otherwise have been pensionable employment (“excluded employment”), and who—
(a)is in excluded employment, or
(b)is not in, but expects to enter, excluded employment,
may at any time, by giving written notice to the Secretary of State, make an election under this regulation.
(2) As from the date on which the election has effect, subject to regulation B6 any employment on and after that date which would otherwise have been excluded employment is pensionable employment.
(3) Where paragraph (1)(a) applies, an election under this regulation—
(a)if the notice is given within 3 months after the start of any period of excluded employment, has effect as from the first day of that employment, and
(b)in any other case, has effect from the first day of the month after that in which the notice was given.
(4) Where paragraph (1)(b) applies, the election has effect as from the day before that on which the person first enters any excluded employment.
(5) If a person who has made an election under this regulation makes a further election under regulation B6, he may make a further election under this regulation only if, since he made the further election under regulation B6, there has been a qualifying period during which he was not in any excluded employment.
(6) Unless the Secretary of State approves a shorter period in the particular case, a qualifying period is one of not less than 5 years.
(7) An election made under regulation 11 of the Teachers' Superannuation (Miscellaneous Provisions) (No. 2) Regulations 1988 is to be treated as having been made under this regulation.