100Abandoned units

100 Abandoned units

100 Abandoned units

(1) Where—

(a) a contributor retires or dies during the suspension period and at the date of retirement or death—

(i) except in a case to which subparagraph (ii) applies—had attained the age of 59 years, or

(ii) in the case of a woman contributor who retires, having contributed under this Act to retire at the age of 55 years—had attained the age of 54 years,

(b) the contributor had, before the suspension period, abandoned one or more units of pension,

(c) the salary group within which the contributor’s salary fell at the date of retirement or death was higher than the salary group within which it fell—

(i) immediately before the commencement of the suspension period, or

(ii) on the date on which the contributor became a contributor,

whichever is the later, and

(d) the contributor would have been entitled to elect to take up the abandoned unit or units after attaining the age of 59 years (or 54 years in a case to which paragraph (a) (ii) applies) had this Part not been enacted,

the former contributor (in the case of the contributor’s retirement) or the contributor’s widow (in the case of the contributor’s death) may, within one month after the date of retirement or death, elect to take up one or more of the number of the abandoned units.

(2) Where the contributor referred to in subsection (1) retires during the suspension period and could have made but did not make the election which the contributor was entitled to make under subsection (1), and the contributor dies within one month after the date of the contributor’s retirement, the contributor’s widow may, within one month after the date of the contributor’s death, elect to take up one or more of the number of the abandoned units.

(3) Where a former contributor or a contributor’s or former contributor’s widow makes an election to take up any abandoned units under subsection (1) or (2), the contributor shall, for the purposes of this Act, be deemed to have been contributing for those units as from the only date, or the later or latest of the dates, as from which the contributor could have contributed for them had this Part not been enacted.

(4) The amount by which a pension is increased by virtue of subsection (3) is not payable unless, before the expiration of one month, or such further period as STC may in special circumstances allow, after the pension becomes payable—