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9. After regulation 11(5) (Retirement and dependant’s pensions) there shall be inserted the following—
“(5A) Notwithstanding whether benefits to which a participator may be entitled under regulations 12 to 17 or regulation 49 of the 1995 Regulations (benefits for members or preserved pensions) are payable, where a participator’s date of retirement falls on or after 1st December 1999 and he has—
(a)reached the age of 75; and
(b)failed to give notice of election under paragraph (3) on or before the date of his 75th birthday,
the Department may realise the investments made under regulation 7(1), 8(2) or 9(4) and apply the proceeds to the purchase of a pension policy from an insurance company in order to provide such benefits as appear to be suitable.”.
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