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PART 1MEMBERSHIP, CONTRIBUTIONS AND BENEFITS

ADJUSTMENTS OF BENEFITS

No double entitlement

56.—(1) Where apart from this regulation any member would be entitled to a pension or lump sum under two or more regulations by reason of the same period of membership—

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

(b)the member may choose under which provision benefits are to be paid; and

(c)if the member does not choose the Committee shall choose, and shall notify the member in writing of the provision under which benefits are to be paid.

(2) A member’s choice shall be by notice in writing given to the Committee before the expiry of three months beginning with the day on which the member becomes entitled to choose under which provision the pension or lump sum is to be paid.

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

(4) This regulation also applies to any survivor benefits payable under regulation 41 (survivor benefits: partners of active members), 43 to 45 (survivor benefits: children of active members), 47 (survivor benefits: partners of deferred members), 48 to 50 (survivor benefits: children of deferred members), 52 (survivor benefits: partners of pensioner members), and 53 to 55 (survivor benefits: children of pensioner members).