22.—(1) This regulation applies to a member of the new scheme who—
(a)on the member’s last day of pensionable service in the 1995 Section was paying for additional service or an unreduced retirement lump sum by regular additional contributions pursuant to regulation 72 of the 1995 Regulations;
(b)does not have a break between the last day of pensionable service in the 1995 Section and the first day of pensionable service in the new scheme lasting for 12 months or more.
(2) Where this regulation applies, the provisions of—
(a)regulations 67 to 72 of the 1995 Regulations continue to apply to the member as though the member continues in pensionable service under the 1995 Section until the earliest of—
(i)the chosen date (as defined in regulation 72 of the 1995 Regulations);
(ii)if the member has a break in pensionable service under the new scheme lasting for 12 months or more, the last day of pensionable service that preceded that break;
(iii)the day preceding the day on which the member stops paying additional contributions; or
(iv)retirement from pensionable employment under the new scheme; and
(b)regulation 73B(1) of the 1995 Regulations continues to apply if the member who is paying for additional service or unreduced retirement lump sum by regular additional contributions stops paying before the chosen date under regulation 72(3) of the 1995 Regulations,
the member’s pensionable earnings in the new scheme are to be treated as the member’s pensionable pay in the 1995 Section for the purpose of determining the amount of any additional contributions due.
Regulations 73A to 73J were inserted by S.R. 2008 No.163 regulation 51