Regulation 41 Option for 1995 Section members to convert to 2008 Section membershipI1

England and Wales

(1)

This regulation applies to a person who, on 31st March 2015, was in pensionable service for the purposes of the 1995 Regulations but who on 1st April 2015 is not a person to whom the following provisions apply—

(a)

paragraphs (8H), (8I) and, where paragraph (8N) or (8O) applies, paragraph (8L) of regulation B3 of those Regulations^f1; or

(b)

regulation 27.

(2)

A person to whom this regulation applies may give the Secretary of State a notice in writing electing that their pensionable service for the purposes of the 1995 Regulations be treated as if it were such service for the purposes of the 2008 Regulations.

(3)

Paragraph (2) applies only to the extent that the person has not already received benefits under the 1995 Regulations in respect of their pensionable service for the purposes of those Regulations.

(4)

For the purposes of this regulation, a notice—

(a)

includes any notice that a person may have given the Secretary of State prior to 31st March 2015;

(b)

has the same effect that a notice given pursuant to Chapter 2.K or, as the case may be, Chapter 3.K of the 2008 Regulations would have had prior to 31st March 2015; and

(c)

must be received by the Secretary of State before 1st July 2015.

Annotations

Commencement

I1: Reg. 41 in force at 1.4.2015, see reg. 1(b)

Footnotes

f1: These paragraphs are inserted by paragraph 4 of Schedule 2.