Regulation 2.K.3 Service credited from the 1995 SectionF1
A 2008 Section Optant who—
becomes a member of this Section of the Scheme, and
is not entitled to a pension under regulation E2A of the 1995 Regulations (ill-health pension on early retirement),
is entitled to count the following service under this Section of the Scheme.
The member may count as qualifying service a period equal in length to the period of qualifying service up to, and including, 31st March 2008 which the member was entitled to count under the 1995 Section (but not exceeding 45 years).
The period of pensionable service which a 2008 Section Optant who is under age 60 on 1st October 2009 may count is a period equal in length to the period of pensionable service up to, and including, 31st March 2008 which the Optant was entitled to count under regulation C2 of the 1995 Regulations (meaning of pensionable service).
This is subject to paragraph (6) and regulation 2.K.13.
The period of pensionable service which a 2008 Section Optant who is age 60 or over on 1st October 2009 may count is a period equal in length to the pensionable service up to, and including, 31st March 2008 which the Optant was entitled to count under regulation C2 of the 1995 Regulations calculated by multiplying that period of service (specified in days) by the factor specified in paragraph (5) applicable to that case.
This is subject to paragraph (6) and regulation 2.K.13.
The factor referred to in paragraph (4) is the factor specified by the Secretary of State for that purpose.
For the purposes of paragraphs (3) and (4) the pensionable service which the 2008 Section Optant was entitled to count under regulation C2 of the 1995 Regulations—
shall not include any pensionable service the Optant was entitled to count under regulation C2(1)(e) of those Regulations,
shall be calculated without regard to paragraph (5) of regulation R3 of those Regulations (mental health officers), and
where the Optant is entitled to count any part-time pensionable service in the 1995 Section, shall be calculated in accordance with regulation R5 of those Regulations (part-time employment).
When a 2008 Section Optant becomes a member of this Section of the Scheme under this Part all rights in respect of that Optant under the 1995 Section are extinguished.