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Paragraph 2 Participants with service between 2nd August 1978 and 19th July 1983

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies to—

(a)

any person who was a participating Member at any time on or after 2nd August 1978 and who has not been a participating Member at any time after 19th July 1983; or

(b)

any person who was a participating office holder at any time on or after 2nd August 1978 and who has not been a participating office holder at any time after 19th July 1983; or

(c)

any person to whom (a) and (b) above both apply.

(2)

In relation to a person who satisfies one or more of the conditions in sub-paragraph (1) above, paragraph 1 of this Schedule shall have effect with the following modifications:

(i)

In sub-paragraph (2) after the words “ten years” there shall be inserted the words “or, in the case of a person who was a participating Member on or after 2nd August 1978, fifteen years”.

(ii)

In sub-paragraph (2) after the word “means” there shall be inserted the words “(subject to sub-paragraph 2A of this paragraph)”.

(iii)

After sub-paragraph (2) there shall be inserted as sub-paragraph (2A)—

“(2A)

In calculating for the purposes of these Regulations a person’s aggregate period of reckonable service as a participating Member, a period during which he was a participating Member shall be disregarded—

(a)

in so far as it fell after the time when his aggregate period of reckonable service as a participating Member reached forty years and before the time when he attains or attained the age of sixty-five years; and

(b)

in so far as it fell after the time when he attained that age and would, apart from this paragraph, cause his aggregate period of reckonable service as a participating Member to exceed forty-five years.”

(iv)

In sub-paragraph (3) after the word “means” there shall be inserted the words “(subject to sub-paragraph (3A) of this paragraph)”.

(v)

After sub-paragraph (3), there shall be inserted as sub-paragraph (3A)—

“(3A)

In calculating for the purposes of these Regulations a person’s aggregate period of reckonable service as a participating office holder, his period or periods of reckonable service as a participating office holder shall be disregarded—

(a)

in so far as may be necessary to prevent his aggregate period of reckonable service as a participating office holder from exceeding forty years at or before the time when he attains or attained the age of sixty-five years; and

(b)

so far as may be necessary to prevent his aggregate period of reckonable service as a participating office holder from exceeding forty-five years at any time;

and, in the case of any person, the particular part or parts of his period of reckonable service as an office holder to be disregarded in pursuance of this sub-paragraph or, if there are two or more such periods, the particular periods or parts of periods (or both) to be so disregarded shall be that or those which, being disregarded, will make the aggregate of the contribution credits calculated in his case under paragraph 4 of Schedule 9 (as modified by paragraph 5 of that Schedule) as large as possible consistently with this sub-paragraph.”