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5.—(1) Regulation C2 (meaning of “pensionable service”)(1) is amended as follows.
(2) In paragraph (2), for sub-paragraph (b) substitute—
“(b)in the case of a member who has become entitled to a pension (including a preserved pension) any period taken into account—
(i)in determining the member’s entitlement to the pension in payment or, as the case may be, the preserved pension, or
(ii)in calculating the amount of that pension,
but, in the case of a member entitled to a pension under regulation E5A (partial retirement pension), subject to paragraph (7);”.
(3) After paragraph (6), insert—
“(7) In the case of a member entitled to a pension under regulation E5A (partial retirement pension), paragraph (2)(b) only applies to so much of the member’s pensionable service as is mentioned in regulation E5A(11)(a) (the pension to which the member is immediately entitled as a result of exercising the option and the specified percentage of the pensionable service that pension represents).”.
Relevant amending instruments are S.I. 2008/654 and 2009/2446.
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