Regulation 14 Amendment of regulation 21 of the principal Regulations

for paragraph (3) there is substituted–

“(3)

Subject to paragraphs (4), (4B), (4C) and (6), where a person revokes an election under regulation 6(2) or enters employment as an officer in circumstances in which paragraph (1) does not apply, and arising out of his previous employment he has accrued rights to benefits under a superannuation or personal pension scheme (including rights appropriately secured under section 52C of the Pensions Act but excluding rights to benefits arising out of the payment of additional voluntary contributions in accordance with section 591(2)(h) of the Income and Corporation Taxes Act 1988^f1), the service to which those rights relate shall be reckonable at its full length for the purpose of determining whether any benefit is payable to or in respect of him under these Regulations, if–

(a)

within 12 months of revoking his election or entering employment as an officer he gives written notice to the Secretary of State that he wishes the Secretary of State to request a transfer payment in relation to some or all of those rights, and

(b)

such a payment is made to the Secretary of State indicating, where requested, the period of service in respect of which it is made.”;

after paragraph (4) there is inserted–

“(4A)

Subject to paragraphs (4B) and (6)(b), where a person who has rights to benefits under a self-employed pension arrangement revokes an election under regulation 6(2) or enters employment as an officer then, if within 12 months of revoking that election or entering that employment he gives written notice to the Secretary of State, that he wishes the Secretary of State to request a transfer payment in respect of some or all of his rights and such payment is made to the Secretary of State there shall be added to his service under these regulations a period of contributing service calculated in accordance with Part II of Schedule 2.

(4B)

Any rights which could have been but were not the subject of a notice under paragraph (3)(a) or (4A) may not subsequently be included in a notice under either of those paragraphs if that subsequent notice is dependent upon the revocation of an election under regulation 6(2).

(4C)

The Secretary of State shall not accept a transfer payment from a personal pension scheme or a self-employed pension arrangement prior to 6th April 1990.”.