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The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979
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- UK Statutory Instruments
- 1979 No. 642
- Regulation 2
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Election to be treated as not having retired
2.—(1) Subject to the provisions of these regulations, where any person (other than one mentioned in paragraph (2))—
(a)has F1... become entitled to either a Category A or a Category B retirement pension [F2or a shared additional pension] F3...; and
(b)elects that this regulation shall apply in his case,
the Act shall have effect as if that person had not F1... become entitled as aforesaid.
[F4(2) Paragraph (1) shall not apply to a person who has previously made such an election.]
[F5(3) Notice of election for the purposes of this regulation may be given by telephone call to the telephone number specified by the Secretary of State unless the Secretary of State directs in any particular case that the notice F6... must be given in writing.
(4) Subject to [F7paragraph (6)], an election shall take effect–
(a)on the date on which it is given; or
(b)on such other date specified by the person making the election, being no earlier than the date on which it is given and no later than 28 days after the date on which it is given.]
F8(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where a woman entitled to a Category B retirement pension under section 29(4) of the Act has, on or after 6th April 1979, made an election and has not revoked it, then, for the purpose only of determining her right to increments under paragraph 2 of Schedule 1 to the Pensions Act, her election shall be treated as if it took effect from 6th April 1979 or, if later, the date of the death of her husband by virtue of whose contributions she is so entitled.
Textual Amendments
F1Words in reg. 2(1) omitted (1.10.1989) by virtue of The Social Security (Abolition of Earnings Rule) (Consequential) Regulations 1989 (S.I. 1989/1642), regs. 1, 11(3)
F2Words in reg. 2(1)(a) inserted (6.7.2005) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(a), 6(3) (with reg. 10)
F3Words in reg. 2(1)(a) omitted (6.4.2005) by virtue of The Social Security (Deferral of Retirement Pensions) Regulations 2005 (S.I. 2005/453), regs. 1(1), 4(3)(a)
F4Reg. 2(2) substituted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 7(2)
F5Reg. 2(3)-(4) substituted (6.4.2005) by reg. 4(3)(b) of The Social Security (Deferral of Retirement Pensions) Regulations 2005 (S.I. 2005/453), regs. 1(1), 4(3)(b)
F6Words in reg. 2(3) omitted (6.4.2010) by virtue of The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 7(3)
F7Words in reg. 2(4) substituted (6.4.2010) by The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 7(4)
F8Reg. 2(5) omitted (6.4.2010) by virtue of The Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206), regs. 1(3), 7(5)
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