3.—(1) For the purposes of this Schedule, a member satisfies the 85 year rule if the sum of—
(a)his age in whole years on the date his local government employment ends or the date he makes a request under regulation 18(1) of the Benefits Regulations if later;
(b)his total membership in whole years;
(c)in a case where he makes a request after his local government employment ends, the period beginning with the end of that employment and ending with the date he makes the request; and
(d)in the case of a person who was a member immediately before 1st February 2003, any qualifying period counted by virtue of regulation 127 (rights as to service not matched by credited period) of the 2002 Regulations which was awarded before 1st April 2008,
is 85 years or more.
(2) But, in calculating his total membership, no account is to be taken of any increase in membership awarded under regulation 12 (power of employing authority to increase total membership) of the Benefits Regulations.