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36. In regulation E15—
(a)for paragraph (1) substitute—
“(1) This regulation applies to—
(a)a person who became entitled to payment of a teacher’s pension (“the first pension”) and was subsequently in pensionable employment which commenced before 1st April 1997 (“the further employment”), or
(b)a person (not falling within sub-paragraph (a)) who became entitled to payment of a teacher’s pension by virtue of regulation E4(3) or (4) or regulation E4(6) of the 1988 Regulations (incapacity) (“the first pension”) and was subsequently in pensionable employment (“the further employment”)
and (in either case) has ceased to be in the further employment.”.
(b)in paragraph (2) after “E8 (enhancement of retirement benefits in case of incapacity)” insert “or if a total incapacity pension has not been paid under regulation E8A”,
(c)in paragraph (4) after “regulation E8” insert “or if a total incapacity pension has been paid under regulation E8A”,
(d)in paragraph (9)—
(i)in sub-paragraph (a) for “E5(3)” substitute “E5(6)”,
(ii)in sub-paragraph (b) for “E6(3)” substitute “E6(5)”.
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