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Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009

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No double entitlement

42.—(1) Where (apart from this regulation) any member would be entitled to a pension or retirement grant under 2 or more regulations by reason of the same period of membership—

(a)he shall be entitled to benefits under only one regulation;

(b)he may choose under which provision he is to be paid those benefits; and

(c)if he does not choose, the Committee may notify him in writing of the provision.

(2) A member’s choice must be in writing, given to the Committee before the expiry of 3 months beginning with the day on which he becomes entitled to choose under which provision his pension or retirement grant is to be paid.

(3) Paragraph (1) does not affect the member’s rights under the Pension Schemes Act (Northern Ireland) 1993(1).

(4) This regulation also applies to any survivor benefits payable under regulation 24 (survivor benefits: active members), 27 (children’s pensions), 33 (survivor benefits: deferred members), 34 (children’s pensions: deferred members), 36 (survivor benefits: pensioner members) or 37 (children’s pensions: pensioner members).

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