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SCHEDULE 10Allocation of part of retirement pension

Part IIIOther Matters

9.—(1) If notice of intention has been given under paragraph 3 and by the later of—

(a)the date of the person’s becoming entitled to retirement benefits; and

(b)his relevant birthday,

no declaration has been delivered, then, from the later of those dates until he has either delivered a declaration or failed to satisfy the Department as mentioned in paragraph 5(3), one-third of his retirement pension may be withheld.

(2) Any resulting underpayment or overpayment shall be adjusted in due course.