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5.—(1) Regulation 4 (meaning of “superannuable service”)(1) is amended as follows.
(2) In paragraph (2), for sub-paragraph (b) substitute—
“(b)in the case of a member who has become entitled to a pension (including a preserved pension) any period taken into account—
(i)in determining the member’s entitlement to the pension in payment or, as the case may be, the preserved pension, or
(ii)in calculating the amount of that pension,
but, in the case of a member entitled to a pension under regulation 16A (partial retirement pension), subject to paragraph (7);”.
(3) After paragraph (6), insert—
“(7) In the case of a member entitled to a pension under regulation 16A (partial retirement pension), paragraph (2)(b) only applies to so much of the member’s superannuable service as is mentioned in regulation 16A(11)(a) (the pension to which the member is immediately entitled as a result of exercising the option and the specified percentage of the superannuable service that pension represents).”.
Amended by S.R. 2008 No.163 & 2010 No. 22.
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