Regulation 8 Rejoining pensionable employment

in paragraph (1), for the words “paragraphs (3), (4) and (5)”, there shall be substituted the words “paragraphs (3) to (8)”;

for paragraph (5) there shall be substituted the following paragraphs:–

“(5)

Subject to paragraphs (6) and (7), where a person gives notice of election on or before the relevant date, the election shall have effect from the date on which he enters employment unles s the notice specifies otherwise and, in any other case, it shall have effect from the day following the end of the pay period in which the election was received or such later date as may be specified in the notice.

(6)

In an exempt case, the employer to which notice of election is given may give notice to the person electing that he is not to become a pensionable employee; and a case is an exempt case for this purpose if that person–

(a)

has attained or would, on or by the date on which he would otherwise become a pensionable employee pursuant to the election, have attained the age of 50 years; and

(b)

was first employed by that employer before he attained that age.

(7)

A notice of election under paragraph (1) shall have effect–

(a)

subject to any subsequent notification under regulation B4A; and

(b)

both in relation to the employment with the employer to whom notice is given, and in relation to any subsequent employment under which the person may become a pensionable employee.

(8)

In paragraph (5)–

• “the relevant date” means the last day of the period of service to which the person’s first payment of wages or salary due from his employer after he commences employment relates.”.