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Lavety v (1) Lanarkshire Health Board (2) Scottish Ministers - Would claimant have joined pension scheme if eligible? [2008] EAT

Mrs Lavety was a midwife who sought retrospective entry into the NHS pension scheme for the period from 1983 to 1991. On appointment, as a part-timer, she could not join the NHS scheme, so she joined a less beneficial scheme. In 1991 she learnt that the NHS restriction had been lifted. However she would suffer a penalty if she left the other scheme, and she could not afford to join the NHS scheme as well. When, in 1996, her earnings increased, she joined the NHS scheme.

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