Restrictions on membership period used for calculating amounts of benefits
9. Subject to paragraph 10 where the aggregate length of—
(a)the total period of membership in relation to the relevant employment (excluding any membership which is to be left out of account by virtue of paragraph 8(1)(a)), and
(b)any earlier period which was taken into account in the calculation of a retirement pension, an annual pension under the former regulations, or a superannuation allowance under Part I of the Act of 1937, or in respect of which any pension was granted under a local Act scheme,
exceeds—
(i)in the case of a Class A member, 40 years, or
(ii)in the case of a Class B or Class C member, 45 years,
then, for the purpose of calculating any benefit the period mentioned in paragraph (a) is reduced by a period equal to the excess.