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28. (1) Nothing in paragraphs (a) and (b) of regulation 27 will affect the amount of pay or final pay determined in accordance with an agreement made under regulation 12(5) of the principal Regulations prior to these Regulations coming into operation.
(2) This paragraph applies to a member who is an active member on the date these Regulations came into operation and who on that date –
(a)has less than two years' total membership, and
(b)does not have a transfer value credited to him.
(3) Subject to paragraph (4), nothing in these Regulations shall prevent a member to whom paragraph (2) applies from opting to receive a return of contributions (with interest calculated to the date he ceased to be employed) in accordance with regulation 88 of the principal Regulations.
(4) A member to whom paragraph (2) applies is not entitled to receive a return of contributions if –
(a)he is for the time being entitled to be paid, or has been paid, a benefit under Chapter IV of Part II of the principal Regulations; or
(b)he is for the time being entitled to be paid, or has been paid, a benefit under regulation 29(2) of the principal Regulations (ill-health grant),
and a member is not entitled to interest if he would not have been entitled under regulation 88(2) of the principal Regulations.
(5) This paragraph applies to a member, who was a re-employed pensioner member on the date these Regulations came into operation, where the member –
(a)has written to the Committee within six months of that date to elect that the amendments in these Regulations in relation to regulations 31, 32 and 50 of the principal Regulations do not apply to him; and
(b)has remained in the same employment, unless subject to a transfer, from the date these Regulations came into force operation until he retired or died.
(6) Nothing in these Regulations shall prevent a member to whom paragraph (5) applies from electing for a single pension in accordance with regulations 31 and 32 of the principal Regulations.
(7) Nothing in these Regulations shall affect the calculation of benefits under regulation 50 of the principal Regulations in respect of a member to whom paragraph (5) applies.
(8) In relation to deferred members who have become active members again prior to these Regulations coming into operation (but have not yet made an election under regulation 34 of the principal Regulations), regulation 34(7A) of the principal Regulations (as inserted by regulation 9 of these Regulations) shall have effect as if “the date he became an active member again” reads “1st June 2005.”.
(9) So far as it is necessary to give effect to the entitlements in this regulation and to make provision for any matters incidental to them, the principal Regulations shall be treated as if they had continued in effect without the amendments made by these Regulations.
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