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11.—(1) The right to return under regulation 10 is a right to return—
(a)with the employee’s seniority, pension and similar rights as they would have been if the employee had not been absent; and
(b)on terms and conditions not less favourable than those which would have applied if the employee had not been absent.
(2) In the case of accrual of rights under an employment-related benefit scheme within the meaning given by paragraph 7 of Schedule 5 to the Social Security (Northern Ireland) Order 1989(1), nothing in paragraph (1)(a) above imposes a requirement which exceeds the requirements of paragraphs 5A to 6 of that Schedule(2).
Paragraph 5A was inserted by the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), Article 242(1), and amended by S.I.2006/1947 (N.I. 16).
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