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Revised draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011.

 An amended version of these draft Regulations is now (evening of 1st March 2011) available by clicking here.

This, probably final, version corrects the anomaly in reg 5(b) of the original draft laid before Parliament on 16th February. The new version makes it clear that the transitional arrangements will apply regardless of whether an employee's 65th birthday is before or after 6th April 2011, provided of course that it is before 1st October 2011.

A note from BIS says that "At the same time, we have taken the opportunity to address some concerns about the extent to which the DRA can continue to apply to individuals after 30 September 2011.  The original draft Regulations are absolutely clear that no one who reaches retirement age after 30 September can be retired using the DRA.  However, the transitional arrangements do provide flexibility so that a notification of retirement of between six and twelve months can be given before 6 April 2011, and an extension of up to six months agreed through the right to request procedure.  The amending Regulations clarify that the latest possible retirement date that can be set using the DRA procedure in this way is 5 October 2012".
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