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4.—(1) An active deferred member, an active pensioner or a former active pensioner may not make an election under Part II of Schedule D5 to the 2000 Regulations on or after the commencement date, but he may make an election under regulation 31(1) of the 2002 Regulations.
(2) A rejoining pensioner or a rejoining deferred member or a former such person may not make an election under Part II of Schedule D5 to the 2000 Regulations on or after the date on which he becomes an active member again, but he may make an election under regulation 31(1) of the 2002 Regulations.
(3) Where an election has been made under Part II of Schedule D5 to the 2000 Regulations on or after the commencement date by a person who later becomes unable to make such an election by virtue of sub-paragraph (2)–
(a)that election shall continue to have effect; and
(b)that Part of that Schedule shall continue to apply,
unless he makes an election under regulation 31(1) of the 2002 Regulations affecting the pension in question.
(4) If he does so, regulation 31(1) to (8) of the 2002 Regulations shall apply and the saved provisions shall cease to apply to him as respects the pension in question.
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