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Public Service Pensions and Judicial Offices Act 2022
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36Meaning of “opted-out service”
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(1)Any continuous period of service of a person in an employment or office is “opted-out service” in that employment or office if—
(a)the first, third, and fourth conditions in section 1 are met in relation to the person and the service, and
(b)the second condition in that section is not met in relation to the service, but would have been met if the person had not opted that the service should not be (or had opted that the service should be) pensionable service under a Chapter 1 scheme.
(2)For the purposes of subsection (1)(b) a person is treated as having opted that service should not be pensionable service under a Chapter 1 scheme if the service would have been pensionable service under that scheme (or would have been if the person had opted that it should be) but for the fact that the person had a partnership pension account.
(3)This section has effect for the purposes of this Chapter.
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