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J6.—(1) This regulation applies where–
(a)a teacher receives such an increase in contributable salary as is mentioned in regulation E34(11); but
(b)no election under regulation H6(5) has been made.
(2) Where this regulation applies the Scottish Ministers shall repay–
(a)to the teacher who was in pensionable employment a sum equivalent to A – B; and
(b)to that teacher’s last employer before he or she became entitled to retirement benefits a sum equivalent to C D.
(3) In paragraph (2) above–
A is the aggregate of the contributions paid by the teacher under regulation C3, C5, C7 or C10 during the relevant period;
B is the aggregate of the contributions which would have been paid under regulation C3, C5, C7 or C10 during the relevant period if the teacher had actually received the salary which he or she was treated as having received under regulation E34(11);
C is the aggregate of contributions paid by the teacher’s employer under regulation H3 during the relevant period; and
D is the aggregate of the contributions which would have been paid by the teacher’s employer under regulation H3 during the relevant period if the teacher had actually received the salary which he or she was treated as having received under regulation E34(11),
and in this paragraph the “relevant period” is the period which started when the teacher received the increase in contributable salary as mentioned in regulation E34(11) and ended when the teacher became entitled to the payment of retirement benefits.
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