10AARestrictions as to abandoned units

#### 10AA Restrictions as to abandoned units 10AA Restrictions as to abandoned units > > (1) An abandoned unit may only be taken up under this Division by a person if the aggregate of— > > > > > (a) the number of units of pension (if any) for which the person is contributing, > > > > > (b) the number of units of pension (if any) for which the person has completed contributing, and > > > > > (c) the number of the person’s abandoned units (including the firstmentioned abandoned unit), > > > > is equal to or less than the number of units that, pursuant to section 12 (1), is appropriate for the rate of salary actually being paid to the person at the person’s annual review day or the person’s exit day, as the case may require. > > > (2) Pension payable under section 29 or by virtue of the death of a contributor is not payable in respect of a unit of pension which a person has elected to take up under this Division unless— > > > > > (a) contributions in respect of the unit were due, and have been paid, for at least 2 years and 6 months following the date from which the person commenced contributing for the unit, or > > > > > (b) that person’s exit day is on or after the last day of the contribution period preceding that in which the person attains the maturity age. > > > (3) Where a contributor’s contributions in respect of a unit of pension cease on the first day of the contribution period in which the contributor ceases to be an employee or attains the maturity age, the contributor shall, for the purposes of subsection (2) (a), be deemed to have paid contributions in respect of the unit for so much of that period as precedes the contributor so ceasing to be an employee or attaining that age, as the case may be. > > > (4) Where— > > > > > (a) a contributor’s first annual review day falls before 31 December 1977, > > > > > (b) the contributor elects to take up abandoned units within 2 months after that day, and > > > > > (c) the contributor would, had Part 8 not been enacted, have been entitled to elect to take up those abandoned units during the suspension period (as defined in section 95), > > > > the contributor shall, for the purposes of subsection (2) (a), be deemed to have commenced contributing for those units as from 13 January 1976 or the day on which the contributor became a contributor, whichever is the later. > > **s 10AA:** Ins 1976 No 101, Sch 3 (3). Am 1977 No 137, Sch 5 (3); 1985 No 46, Sch 5 (1).