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Paragraph 5 I1

Northern Ireland Not yet in force

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

(1)

A man who has become entitled to payment of retirement benefits may not make an election under paragraph 3 or 4.

(2)

An election under paragraph 3 or 4 shall—

(a)

be made by written notice given to the Department within the period specified in sub-paragraphs (3) to (5);

(b)

specify the period in respect of which it is made;

(c)

specify the rate at which family benefit contributions are to be paid, which shall comply with paragraph 14(2) and (3);

(d)

has effect from the date on which the notice is received by the Department; and

(e)

except as provided in paragraph 14(4), is irrevocable.

(3)

Subject to sub-paragraph (4), a man may make an election under paragraph 3 or 4 only within 6 months after—

(a)

his marriage while in pensionable employment; or

(b)

his returning to pensionable employment after becoming married while not in such employment; or

(c)

where sub-paragraph (4) had become applicable, his returning to pensionable employment after ceasing to be in such employment within 6 months after the previous return; or

(d)

his nomination of a beneficiary under regulation E23,

whichever occurs first.

(4)

In the case of—

(a)

a member who was not continuously in pensionable employment for 6 months or more after 30th April 1974 and before 1st October 1977; or

(b)

a non-member who was not continuously in pensionable employment for 6 months or more after 6th December 1973 and before 1st October 1977,

an election under paragraph 3 or 4 may only be made within 6 months after returning to pensionable employment.

(5)

A woman may only make an election under paragraph 4 within 6 months after nominating a beneficiary under regulation E23.

Annotations

Commencement

I1

Sch. 6 para. 5 in operation at 2.11.1998, see reg. A1