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Insertion of new regulation S3A

58.  After regulation S3 (benefits in respect of pensionable employment after pension becomes payable) insert–

Benefits in respect of pensionable employment after pension becomes payable under regulation E2A

S3A.(1) This regulation applies to a member in respect of whom a pension is payable under regulation E2A and who subsequently returns to pensionable employment.

(2) For the purposes of this regulation–

(a)the member’s “previous service” means the pensionable service in respect of which the member became entitled to receive a pension under regulation E2A; and

(b)the member’s “later service” means any pensionable service which accrues after becoming so entitled.

(3) Subject to paragraph (4), the member’s benefits in respect of later service shall be calculated without regard to the member’s previous service.

(4) For the purposes of regulation C2 (meaning of “pensionable service”) and regulation D1(3) and (4) (contributions by members), the member’s previous service and later service shall be aggregated.

(5) Subject to the following provisions of this regulation, a member who–

(a)is entitled to a lower tier pension in respect of his previous service; and

(b)satisfies the lower tier condition or, as the case may be, the upper tier condition in respect of his later service,

shall be entitled to the benefits described in paragraph (6).

(6) Those benefits are–

(a)the member’s original lower tier pension in respect of his previous service; and

(b)a lower tier pension or, as the case may be, an upper tier pension in respect of his later service..