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9.—(1) Regulation C9 of the 1997 Pensions Regulations shall (despite paragraph 15 of Schedule 3) continue to have effect in relation to any person who left pensionable employment before 1st January 2007.
(2) Where a person left pensionable employment before 1st January 2007 but has not made an election before that date that regulation shall have effect as if for paragraph (10) there were substituted—
“(10) An election under this regulation must be made by giving written notice to the Secretary of State which must specify the period and must be given before 28th February 2007.”.
(3) Where regulation C9 of the 1997 Pensions Regulations continues to have effect by virtue of sub-paragraph (1)—
(a)paragraph (7) of that regulation shall have effect as if for sub-paragraph (b) there were substituted—
“(b)the percentage is the aggregate of the rate of contributions specified under regulation C3(2) and the required percentage determined in accordance with regulation G5.”,
(b)paragraphs 1 and 2 of Schedule 3 to the 1997 Pensions Regulations shall continue to apply for the purpose of determining the maximum length of the period in respect of which any election may be made.
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