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94.—(1) Regulation 231 (Meaning of “capped transferred-in service”) is amended as provided by paragraphs (2) to (4).
(2) In the heading, for “Meaning of “capped transferred-in service”” substitute “Meaning of “Capped increase to pensionable earnings””.
(3) For paragraph (2), substitute—
“(2) For the purposes of this Part—
(a)any part of the increase to pensionable earnings that the member is entitled to count under regulation 229(2)(a); and
(b)which is the result of capped service in employment to which the transferring scheme applied,
is a capped increase to pensionable earnings.”.
(4) After paragraph (4), add—
“(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 260J.”.
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