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B5.—(1) A person who has made an election under regulation B4, who has since been in employment which would otherwise have been pensionable employment (“excluded employment”), and who—
(a)is in excluded employment; or
(b)is not in, but expects to enter, excluded employment,
may at any time, by giving written notice to the Department, make an election under this regulation.
(2) As from the date on which the election has effect, subject to regulation B4 any employment on and after that date which would otherwise have been excluded employment is pensionable employment.
(3) Where paragraph (1)(a) applies, an election under this regulation—
(a)if the notice given within 3 months after the start of any period of excluded employment, has effect as from the first day of that employment; and
(b)in any other case, has effect from the first day of the month after that in which the notice was given.
(4) Where paragraph (1)(b) applies, the election has effect as from the day before that on which the person first enters any excluded employment.
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