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Paragraph 4

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 retiring allowances may not make an election under paragraph 2 or 3.

(2)

An election under paragraph 2 or 3 must–

(a)

be made by giving written notice to the Secretary of State within the period specified in sub-paragraphs (3) to (5);

(b)

specify the period in respect of which it is made; and

(c)

specify the rate at which family benefit contributions are to be paid, which must comply with paragraph 13(2) and (3),

  • and has effect from the date on which the notice is received by the Secretary of State, and, except as provided in paragraph 13(4), is irrevocable.

(3)

Subject to sub-paragraph (4), a man may only make an election under paragraph 2 or 3 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 he is a person who was not continuously employed in pensionable employment for a period of 6 months during either of the periods mentioned in sub-paragraph (4)(a) or (b) and ceases to be employed within 6 months of his returning to such employment, his returning again to such employment; or

(d)

his nomination of a beneficiary under regulation E22,

  • whichever occurs first.

(4)

An election under paragraph 2 or 3 may be made by–

(a)

a member who was not continuously employed in pensionable employment for 6 months or more after 31st October 1974 and before 31st July 1977; or

(b)

a non-member who was not continuously in such employment for 6 months or more after 8th January 1974 and before 1st August 1977,

  • only within 6 months after returning to pensionable employment.

(5)

A woman may only make an election under paragraph 3 within 6 months after nominating a beneficiary.