22JElection to reduce contributory units ineffective in certain cases

#### 22J Election to reduce contributory units ineffective in certain cases (1) Where an employee in relation to whom a non‑contributory unit of pension is applicable makes an election under subsection (6) of section 20 or subsection (2) of section 20B to reduce the number of units of pension for which he is required to contribute, subsections (2), (3) and (4) of this section apply in relation to the election. (2) If the employee is not an employee to whom subsection (2BB) of section 19 applies, the election does not have effect in relation to a unit of pension unless the fortnightly amount of the contributions (other than contributions for reserve units of pension) that, but for the operation of the election in relation to that unit, would be payable by him to the Fund on the date of the election or, if that date is not a pay‑day, that would be so payable if that date were a pay‑day, exceeds three‑one thousand and fortieths of his salary as at that date. (3) If the employee is an employee to whom subsection (2BB) of section 19 applies, the election does not have effect in relation to a unit of pension unless the sum of: (a) the fortnightly amount of the contributions (other than contributions for reserve units of pension) that, but for this section, would be payable by him to the Fund under subsection (2BB) or subsection (2BC) of section 19 on the date of the election or, if that date is not a pay‑day, that would be so payable if that date were a pay‑day; and (b) the fortnightly amount of any other contributions that, but for this section, would be payable by him to the Fund on the date of the election or, if that date is not a pay‑day, that would be so payable if that date were a pay‑day; reduced by the fortnightly amount of the contributions ascertained in relation to him in accordance with the appropriate tables set out in the Third, Fourth, Fifth and Sixth Schedules in respect of units of pension in respect of which an election by him under subsection (6) of section 20 or subsection (2) of section 20B has effect, exceeds three‑one thousand and fortieths of his salary as at that date. (4) Sections 22D and 22E apply in relation to the election in like manner as those sections apply in relation to an election under section 22B.