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The Pensions (Miscellaneous Offices) (Preservation of Benefits) Order 1977

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Election in respect of two or more periods of service

7.—(1) Where an office holder who has served in more than one judicial office has ceased to hold office (or, but for Article 4(1), would have ceased to hold office), then—

(a)if his last period of service is relevant service, and

(b)if he would have been entitled on his retirement to elect that the superannuation benefits payable to or in respect of him should be determined under an enactment relating to the payment of superannuation benefits to or in respect of persons who have served in more than one office,

he shall, for the purposes of that enactment, have the same right of election, and that right may be exercised within an equivalent period, as if he had retired from that office at an age at which an election under that enactment would have been available to him.

(2) Where an election is made in reliance upon this Article, this Order shall apply as if in Article 5 for the expression “normal pension age” there were substituted a reference to the earliest age at which the office holder might have become eligible for superannuation benefits following an election made by him under such an enactment as is described in paragraph (1)(b) of this Article.

(3) Any election made in reliance upon this Article by a person who had not ceased to hold office shall be of no effect.

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