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35. This Section applies in respect of a member (“M”) who is—
(a)a deferred choice member, and no pension benefits have become payable in relation to M’s remediable service as a firefighter, or
(b)an immediate choice member, and—
(i)the end of the section 6 election period has not passed in relation to M, and
(ii)no immediate choice decision has been made in relation to M’s remediable service as a firefighter.