SCHEDULE 2 THE 85 YEAR RULE: TRANSITIONAL PROVISIONS AND SAVINGS
4 (1) This paragraph applies to a member to whom regulation 4 (membership accrued before 1st April 2009: deferred members) or regulation 12 (re-employed and rejoining deferred members) of the Administration Regulations applies.
(2) Where such a member—
(a) does not choose; or
(b) does not so choose as respects all periods of his membership,
to be treated as if regulation 3 (membership accrued before 1st April 2009: active members) applied, or to have his membership aggregated under regulation 12 of the Administration Regulations, as the case may be, then in applying paragraph 2 as respects any later membership, his total membership excludes unaggregated periods.