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(1) A member exercising an option under regulation 2.C.8 or 2.C.10 must do so by giving notice in writing to the employing authority giving such information as may be required and must, at the same time, provide the Secretary of State with a copy of that notice.
(2) An employing authority exercising an option under regulation 2.C.11 must do so by giving notice in writing to the Secretary of State, giving such information as may be required.
(3) An option under regulation 2.C.8, 2.C.10 or 2.C.11 may not be exercised during a period whilst the member is absent from work for any reason.
(4) For the purposes of this Part—
(a)a member is treated as exercising an option under regulation 2.C.8 or 2.C.10 on the date on which the employing authority receives the member’s notice under paragraph (1), and
(b)an employing authority is treated as exercising an option under regulation 2.C.11 on the date on which the Secretary of State receives the authority’s notice under paragraph (2).
(5) The Secretary of State may refuse to accept an option exercised under regulation 2.C.8, 2.C.10 or 2.C.11 and must do so if not satisfied that—
(a)the member is in good health, and
(b)in the case of an option exercised under regulation 2.C.8, there is no reason why the member’s health should prevent the member from paying the contributions for the whole contribution period.
(6) If the Secretary of State refuses to accept such an option—
(a)the Secretary of State must give notice in writing of that fact—
(i)in the case of an option exercised under regulation 2.C.8 or 2.C.10, to the member, and
(ii)in the case of an option exercised under regulation 2.C.11, to the employing authority and the member, and
(b)this Part applies as if the option had not been exercised.
(7) This Part also applies as if an option under regulation 2.C.10 or 2.C.11 had not been exercised if—
(a)in the case of an option under regulation 2.C.10, the payment is not received by the employing authority—
(i)before the end of the period of 1 month beginning with the day on which the Secretary of State notifies the member of the acceptance of the option, or
(ii)if it is earlier, on or before the member’s 65th birthday, and
(b)in the case of an option under regulation 2.C.11, the payment is not received by the Secretary of State—
(i)before the end of the period of 1 month beginning with the day on which the authority gave the Secretary of State notice under paragraph (2), or
(ii)if it is earlier, on or before the member’s 65th birthday.
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