99Pensions emerging during suspension period

#### 99 Pensions emerging during suspension period 99 Pensions emerging during suspension period > > (1) Where— > > > > > (a) a former contributor or a contributor’s widow becomes entitled to a pension during the suspension period, and > > > > > (b) the salary group within which the contributor’s salary fell immediately before the entitlement to the pension arose 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, > > > > the former contributor or the widow may, within one month after the entitlement to the pension arose, elect to take up one or more of the additional units of pension (other than abandoned units) for which the contributor would have been required or entitled to contribute had this Part not been enacted. > > > (2) Where the former contributor referred to in subsection (1) could have made but did not make the election which the former contributor was entitled to make under subsection (1), and the former contributor dies within one month after the entitlement to the pension arose, the former contributor’s widow may, within one month after the date of the former contributor’s death, elect to take up one or more of the additional units of pension (other than abandoned units) which could have been the subject of an election under subsection (1). > > > (3) Where a former contributor or a contributor’s or former contributor’s widow makes an election to take up any 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 date 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— > > > > > (a) the former contributor or the widow, as the case may require, pays to STC an amount equal to the amount that would have been payable to STC as employee’s contributions in respect of the additional units had this Part not been enacted, or > > > > > (b) arrangements, satisfactory to STC, have been made for the payment to STC of the amount referred to in paragraph (a). > > > (5) Where payment is made, or arrangements are made, under subsection (4) in respect of any additional unit, the former employer of a former contributor referred to in subsection (1) shall pay to STC an amount equal to the amount that would have been payable to STC as employer’s contributions in respect of the unit had this Part not been enacted. > > > (6) For the purposes of subsection (4) (b), reserve units of pension may be appropriated in respect of any additional units instead of being dealt with in accordance with section 15A (6AB), and section 15A applies to and in respect of the additional units as if this Part had not been enacted. > > **s 99:** Ins 1975 No 98, Sch 12 (2). Am 1991 No 95, Sch 10 (15); 1996 No 39, Sch 4.