5 Election for retrospective provision to apply to opted-out service

5  Election for retrospective provision to apply to opted-out service

(1)     Scheme regulations for a Chapter 1 legacy scheme must make provision so as to secure that an election may be made in relation to relevant opted-out service in an employment or office.

(2)     Where an election by virtue of this section is made in relation to relevant opted-out service in an employment or office—

(a)     the second condition in section 1 is treated as met in relation to the service (so that the service becomes “remediable service”), and

(b)     section 2(1)(b) applies to the service (so that the service is treated as pensionable service under the relevant Chapter 1 legacy scheme).

(3)     An election by virtue of this section—

(a)     must be made before the end

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