PART 1Membership, contributions and benefits

Adjustments of benefits

No double entitlement49

1

Where apart from this regulation any member would be entitled to a pension or lump sum under two or more regulations by reason of the same period of membership—

a

that member is entitled to benefits under only one regulation;

b

the member may choose under which provision benefits are to be paid; and

c

if the member does not choose, the administering authority must choose and notify the member in writing of the provision under which benefits are to be paid.

2

A member's choice must be by notice in writing given to the administering authority before the expiry of three months beginning with the day on which the member becomes entitled to choose under which provision the pension or lump sum is to be paid.

3

Paragraph (1) does not affect the member's rights under the Pension Schemes Act 1993 M1.