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6. In regulation 9 (election for employment not to be pensionable)—
(a)for paragraph (1), substitute—
“A person may make an election under this regulation in respect of a particular pensionable employment by giving written notice to the employer.”;
(b)for paragraph (3), substitute—
“But—
(a)if the notice is given within 3 months after the start of employment in a capacity mentioned in Schedule 2, the election has effect from the first day of that employment; and
(b)if the notice is given within 3 months after the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 have effect in respect of that employment, the election has effect from that date.”;
(c)for paragraph (4), substitute—
“An election ceases to have effect from the earlier of—
(a)the date on which an election under regulation 10 (election for employment to be pensionable) has effect; and
(b)the date on which arrangements made by the employer under section 3(2) (automatic enrolment) or section 5(2) (automatic re-enrolment) of PA 2008 have effect in respect of the employment.”.
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