The Railway Pensions (Protection and Designation of Schemes) Order 1994

Elections

12.—(1) Subject to the following provisions of this article—

(a) a protected person may elect that Part II of this Order shall not have effect with respect to him or his surviving dependants by giving written notice of his election to the trustees of the scheme in which he has relevant pension rights;

(b) a person with the right to continue to participate in the joint industry scheme under article 11 may elect that Part III of this Order shall not have effect with respect to him by giving written notice of his election to the trustees of the joint industry scheme.

(2) Where a notice of election is given to the trustees of an occupational pension scheme under paragraph (1)—

(a) by a protected person, Part II of this Order shall cease to have effect in relation to any of his rights as such a person to the extent that those rights are specified in that notice;

(b) by a person with the right to participate in the railway industry under article 11, Part III of this Order shall cease to have effect in relation to any of his rights as such a person to the extent that those rights are specified in that notice.

(3) An election under this article shall have effect—

(a) where a person is to enter employment with a new employer after he has given notice under paragraph (1) but before the trustees to whom he has given that notice have selected a date under this paragraph, immediately before he enters employment with that new employer; and

(b) in any other case, on such date as those trustees shall select which falls—

(i) not less than 30 days after; but

(ii) during the second month after the month in which;

that notice is given.

(4) Where the trustees have received a notice which has been given under paragraph (1), they shall within 21 days give to the person who gave that notice a written acknowledgment that it has been received and notice of the date which they propose to select as the date on which Part II, Part III or both of those Parts of this Order, as the case may be, shall cease to have effect in relation to the rights in question.

(5) A notice of election given under paragraph (1) may be withdrawn if the person who gave it gives a written notice of the withdrawal to the trustees of the scheme in question—

(a) before the expiry of 30 days from the date on which the notice was given; or, if earlier

(b) before he enters into employment with a new employer.

(6) Subject to paragraph (5), an election given under paragraph (1) shall be irrevocable.