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SCHEDULE 2RE-EMPLOYMENT OF MEMBERS (SCHEDULE D5 TO THE 2000 REGULATIONS ETC.)

Elections for aggregation: members rejoining the day before the commencement date

7.  Where on the day before the commencement date a member was eligible to make an election under regulation D12(1)(c) of the 2000 Regulations by reason of having re-entered local government employment in the period of three months ending at that time, but had not done so–

(a)he may make an election under regulation 34(1) of the 2002 Regulations at any time whilst he remains an active member in that employment; but

(b)if he does not make such an election before he ceases to be such a member in that employment, he shall be treated for the purposes of these Regulations as if he had made an election under regulation D12(1)(c) of the 2000 Regulations on the day before the commencement date as respects all the membership as to which he could have made that election.