Part II Contributory Benefits
Retirement pensions (Categories A and B)
43 Persons entitled to more than one retirement pension.
(1)
A person shall not be entitled for the same period to more than one retirement pension under this Part of this Act except as provided by subsection (2) below F1and section 61ZC below (which deals with unusual cases involving units of additional pension).
(2)
A person who, apart from subsection (1) above, would be entitled for the same period to both—
(a)
a Category A or a Category B retirement pension under this Part; and
(b)
a Category C or a Category D retirement pension under Part III of this Act,
shall be entitled to both of those pensions for that period, subject to any adjustment of them in pursuance of regulations under section 71 of the Administration Act.
(3)
A person who, apart from subsection (1) above, would be entitled—
F2(a)
to both a Category A retirement pension and one or more Category B retirement pensions under this Part for the same period,
F2(aa)
to more than one Category B retirement pension (but not a Category A retirement pension) under this Part for the same period, or
(b)
to both a Category C and a Category D retirement pension under Part III of this Act for the same period,
may from time to time give notice in writing to the Department specifying which of the pensions referred to in F3paragraph (a), (aa) or (b) (as the case may be) he wishes to receive.
(4)
If a person gives such a notice, the pension so specified shall be the one to which he is entitled in respect of any week commencing after the date of the notice.
(5)
If no such notice is given, the person shall be entitled to whichever of the pensions is from time to time the most favourable to him (whether it is the pension which he claimed or not).
F4(6)
For the purposes of this section, a pension under section 55A F5or 55AA below is not a retirement pension.