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The European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994

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Transfers to other pension schemes after opt out

20.—(1) At the request on or after 6th April 1988 of any person who—

(a)is an opted-out Representative; and

(b)has not become entitled to a pension under this Order other than a guaranteed minimum pension arising under article 7(9),

the Managers shall pay into or for the purposes of any one or more than one scheme or annuity to which this article applies the transfer value calculated in accordance with paragraph (3) below.

(2) This article applies to any fund or scheme specified in article 19(2) above.

(3) For the purposes of this article and subject to paragraph (4) below the transfer value payable will be the value of the person’s accrued pension rights as follows—

(a)where they have accrued to or in respect of his period of actual reckonable service, that part which relates to his actual reckonable service on or after 6th April 1988; or

(b)where they have accrued to or in respect of service notionally attributed to him as a result of a transfer from another pension scheme under article 24 or the purchase of added years pursuant to article 27 and Schedule 7, that part of such rights as was credited to him on or after 6th April 1988; or

(c)where (a) and (b) both apply, the aggregate of the rights derived separately under each head.

(4) Where on 5th April 1988 the person had an aggregate period of reckonable service of less than two years, the pension rights which have accrued by virtue of such service may, at his option, be included for the purposes of calculating a transfer value in accordance with paragraph (3) above.

(5) Where a transfer value has been paid under this article in respect of a person who is an opted-out Representative and that person subsequently ceases to be a Representative, a transfer value may be paid under article 19 in respect of any pension rights accrued to or in respect of him in the scheme.

(6) Paragraphs (3) and (4) of article 19 shall apply for the purposes of this article.

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