22EElection ineffective if number of contributory units is, or falls below, one‑half of full unit entitlement

#### 22E Election ineffective if number of contributory units is, or falls below, one‑half of full unit entitlement (1) An election by an employee under section 22A does not have effect, and an election by an employee under section 22C does not have effect and shall be deemed not to have had effect, where: (a) in a case to which paragraphs (b), (c) and (d) do not apply—the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election is less than one‑half of his full unit entitlement as at that time; (b) in the case of an employee to whom section 67 applies—the sum of the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election and the number of units of pension (other than non‑contributory units of pension) in respect of which he is in receipt of a pension under this Act is less than one‑half of his full unit entitlement as at that time; (c) in the case of an employee to whom section 69 applies or applied—the sum of the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election and the number of units of pension in respect of which his right referred to in section 68 is or was, under section 71 or section 72, commutable for new rights is less than one‑half of his full unit entitlement as at that time; or (d) in the case of an employee to whom paragraph (c) or paragraph (e) of subsection (1) of section 119H applies, the sum of: (i) the number of units of pension (other than reserve units of pension) for which he is a contributor at the time of the election; and (ii) so many of the number of units of pension specified in relation to him in a determination by the Board under subparagraph (iii) or (iv) of paragraph (c) of subsection (3) of section 119J or paragraph (b) or (c) of subsection (2) of section 119K as are referable to the pension referred to in paragraph (c), or the deferred benefits referred to in paragraph (e), of subsection (1) of section 119H; is less than one‑half of his full unit entitlement as at that time. (2) An election by an employee under section 22B does not have effect, and shall be deemed not to have had effect, in relation to a unit of pension where, if it had effect in relation to that unit: (a) in a case to which paragraphs (b) and (c) do not apply—the number of units of pension (other than reserve units of pension) for which he was a contributor as at the time immediately before the time as from which the election has or had effect less the number of units of pension in respect of which an election by the employee under section 22B has effect would be less than one‑half of his full unit entitlement as at the time immediately after the time as from which the election has or had effect; (b) in the case of an employee to whom section 67 applies, the sum of: (i) the number of units of pension (other than reserve units of pension) for which he was a contributor as at the time immediately before the time as from which the election has or had effect less the number of units of pension in respect of which an election by the employee under section 22B has effect; and (ii) the number of units of pension (other than non‑contributory units of pension) in respect of which he is in receipt of a pension under this Act; would be less than one‑half of his full unit entitlement as at the time immediately after the time as from which the election has or had effect; or (c) in the case of an employee to whom section 69 applies or applied, the sum of: (i) the number of units of pension (other than reserve units of pension) for which he was a contributor as at the time immediately before the time as from which the election has or had effect less the number of units of pension in respect of which an election by the employee under section 22B has effect; and (ii) the number of units of pension in respect of which his right referred to in section 68 is or was, under section 71 or section 72, commutable for new rights; would be less than one‑half of his full unit entitlement as at the time immediately after the time as from which the election has or had effect. (3) An election by a pensioner under section 22C does not have effect, and shall be deemed not to have had effect, where: (a) in a case to which paragraphs (b) and (c) do not apply, the sum of: (i) the number of units of pension (if any) for which he is a contributor at the time of the election; and (ii) the number of units of pension (other than non‑contributory units of pension) in respect of which he is in receipt of a pension under this Act at that time; is less than one‑half of his full unit entitlement as at the time of the election; (b) in the case of a pensioner to whom section 69 applied, the sum of: (i) the total number of units of pension referred to in subparagraphs (i) and (ii) of paragraph (a) of this subsection; and (ii) the number of units of pension (other than units of pension so referred to) in respect of which his right referred to in section 68 was, under section 71 or section 72, commutable for new rights; is less than one‑half of his full unit entitlement as at the time of the election; or (c) in the case of a pensioner to whom paragraph (c) or paragraph (e) of subsection (1) of section 119H applied, the sum of: (i) the total number of units of pension referred to in subparagraphs (i) and (ii) of paragraph (a) of this subsection; and (ii) so many of the number of units of pension specified in relation to him in a determination by the Board under subparagraph (iii) or (iv) of paragraph (c) of subsection (3) of section 119J or paragraph (b) or (c) of subsection (2) of section 119K as are referable to the pension referred to in paragraph (c), or the deferred benefits referred to in paragraph (e), of subsection (1) of section 119H; is less than one‑half of his full unit entitlement as at the time of the election. (4) In ascertaining the full unit entitlement of an employee or pensioner for the purposes of the application of this section in relation to an election under section 22C, regard shall be had to his salary immediately after the increase in salary by virtue of which he became entitled to make that election.