Special provisions about rights relating to old membership

Continuity of elections within regulation 9(1)

12.—(1) An active member who has given or is deemed to have given a notice which ceases to have effect under regulation 9(1) must be informed by the Committee in writing that it proposes to treat the notice–

(a)as having been given under the corresponding provision of the 2002 Regulations; but

(b)as if the notice related only–

(i)to so much of the amount remaining to be paid in pursuance of the notice as has not been paid before the commencement date, and

(ii)to so much of the period as respects which he gave the notice as he may not count by virtue of regulation 9(4); and

(c)as enabling the member to make additional contributions at the protected rate.

(2) Where a member is so informed, the notice is to be so treated as from the commencement date unless the member (or, in a case where the member has died, his personal representative) has informed the Committee in writing before the expiry of the period of three months beginning with that date (or such longer period as it may allow) that he does not wish it to be so treated.

(3) Any election by a member to whom regulation 3(1) applies which–

(a)was made or had effect as if made under regulation C24 of the 2000 Regulations (additional voluntary contributions); and

(b)was in effect immediately before the commencement date,

shall continue to have effect as if it had been made under the 2002 Regulations.

(4) The protected rate is the rate at which the member was making payments by virtue of the notice immediately before the commencement date, expressed as a percentage of his remuneration at that time.