(1)  A contributor who –

(a) immediately before becoming a contributor, was a student teacher, cadet, apprentice or a trainee of any other kind employed in an Agency; or

(b) immediately before becoming a contributor, was an employee within the meaning of these regulations or the former superannuation legislation; or

(c) elected not to make contributions under regulation 38(2)(b) or regulation 38(5) of these regulations, or regulation 30 of the Retirement Benefits Regulations 1994 , while on parental leave; or

(d) has not made contributions while on long leave of absence without pay in accordance with regulation 39 of these regulations or regulation 30 of the Retirement Benefits Regulations 1994 ; or

(e) had been a member of the contributory scheme but had ceased to be a member; or

(f) had, as a married female employee, elected not to pay contributions or had not been obliged to make contributions; or

(g) had previously been exempted from making contributions to the contributory scheme under the former superannuation legislation –

may, by notice in writing to the Board, elect that his or her period or periods of non-contributory or prior service, or a specified part of that period or those periods, be recognised as service for the purposes of this Part.

(2)  An existing contributor whose service has been reduced in accordance with clause 2 or 3 of Part 3 of Schedule 5 may, by notice in writing to the Board, elect that his or her period or periods of reduced service or any specified part of that service be recognised as service for the purposes of these regulations.

(3)  If a contributor has made an election under subregulation (1) or (2) , he or she may, subject to subregulation (4) , enter into one or more arrangements with the Board, either immediately or at some future time or both, under which the whole or part of the period of service referred to in the election is recognised as service as a contributor to the Fund.

(4)  Before accepting an election by a contributor under this regulation, the Board may direct that the contributor –

(a) undergo any reasonable medical examination by a legally-qualified medical practitioner; and

(b) provide the Board with a report of that examination to the satisfaction of the Board that the contributor is not affected by any physical or mental defect likely to render him or her incapable of performing his or her duties before attaining the age of 60 years.

(5)  If a contributor enters into an arrangement under subregulation (3) , he or she is to pay to the Board an amount calculated in accordance with the following formula:

where –

A is the amount to be paid to the Fund by the contributor;

B is the full-time equivalent average annual salary received by the contributor in respect of the year immediately preceding the date of the calculation;

PBMF is the purchased benefit multiple factor calculated by multiplying the period or periods of the contributor's past full-time equivalent service by the appropriate benefit multiple factor as provided in regulation 44(1) for each of those periods;

C is the percentage, as determined by the Actuary, applicable to the contributor, having regard to his or her age when he or she enters into the arrangement, his or her age for retirement and all other relevant factors, which is to be the actuarial equivalent of the additional total benefit that will be derived under these regulations if the contributor purchases the service and pays the amount calculated in accordance with this subregulation.

(6)  The amount calculated under subregulation (5) may not be paid as salary sacrifice contributions and the contributor may not purchase service at a rate exceeding 11% of salary.

(7)  An amount required to be paid under an arrangement referred to in subregulation (3) is to be paid in a lump sum or in any manner the Board determines but not later than 12 months after the contributor enters into the arrangement.

(8)  On receipt of a lump sum under subregulation (7) , the Board is to –

(a) credit to the next claim payable to the Fund by the Minister or prescribed authority under regulation 107 , the proportion of the amount determined under regulation 106 ; and

(b) credit to the contributor's account established under regulation 42 so much of that lump sum as represents the arrears of the contributions and interest that accrued on and after 1 April 1987 on those arrears; and

(c) retain the balance in the contributory scheme.