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22. In regulation 13 (re-employed and rejoining deferred members)—
(a)in paragraph (6)(a), after “regulation” insert “or regulation 4 of the Transitional Regulations”;
(b)omit paragraph (7);
(c)after paragraph (7) insert—
“(7A) A member, who was prohibited by paragraph (7)(1) of this regulation from choosing to aggregate any period of former membership, may give notice for the purposes of paragraph (1) in respect of that period of former membership before the expiry of the period mentioned in paragraph (8)(aa) or before 30 September 2012, whichever is later”;
(d)after paragraph (8)(a) insert—
“(aa)before the expiry of—
(i)the period of 12 months beginning with the date on which he became an active member in that employment; or
(ii)such longer period as the employer may allow;”; and
(e)after paragraph (10) insert—
“(11) But paragraph (10) does not apply to a member who is the subject of a transfer—
(a)to which the Transfer of Undertakings (Protection of Employment) Regulations 2006(2) (“the TUPE Regulations”) apply; or
(b)which is treated as if it were a relevant transfer within the meaning of regulations 2(1) and (3) of the TUPE Regulations, notwithstanding regulation 3(5) of those Regulations.”.
Paragraph (7) of regulation 13 of the Administration Regulations is omitted by these Regulations.
S.I. 2006/246, to which there are amendments not relevant to these Regulations.
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