Regulation 4 Persons to whom these regulations apply

(1)

These regulations shall apply to any person who has attained age 70 or ceased to be employed by an employing authority; and

(a)

immediately before attaining that age or ceasing to be so employed—

(i)

was in that employment subject to a superannuation scheme; and

(ii)

had completed the minimum period of reckonable service and had satisfied any other requirements which would qualify a person for a pension under the Regulations either—

(A)

immediately upon ceasing such employment; or

(B)

subsequently upon reaching such age as is specified in the Regulations; and

(b)

unless he is or was a regulation 75(1) optant has received or has become entitled to receive payment of any retirement benefit under a superannuation scheme; and

(c)

either—

(i)

has attained the age of 55 years and, in the case of a person to whom paragraph (1)(a)(ii)(B) of this regulation applies, has attained the specified age; or

(ii)

has retired on account of physical or mental infirmity, or has satisfied the Secretary of State that he is disabled by physical or mental infirmity; or

(iii)

is a woman who has at least one dependant.

(2)

Notwithstanding the provisions of paragraph (1) of this regulation, in the case of a person to whom paragraph (1)(a)(ii)(B) of this regulation applies who, within 12 months of ceasing to be employed by an employing authority, or as a regulation 75(1) optant, enters into any of the employments specified in paragraph 2 of the schedule to these regulations in respect of which the requirements of paragraph 3(a) of that schedule have been fulfilled, these regulations insofar as they apply to a person who has not attained age 70 shall apply only in respect of any further termination of employment under an employing authority and not in respect of any previous termination.