The latest draft of the regulations abolishing the retirement exemption clarifies that all notices of retirement served before 6 April will be covered by the transitional arrangements, provided the employee concerned reaches 65 by 30 September 2011. There had previously been some uncertainty about the treatment of employees who will already be 65 on 5 April 2011 (the last date on which a valid notice of retirement can be given under the existing regime).

The regulations also address the right to request procedures for the first time. They make it clear that the last date an employee can serve a request under these procedures is 4 January 2012. Given that a retirement date can be extended by up to six months without triggering the requirement for a new notice of retirement, that means that 5 October 2012 is the last possible date on which an employee can be compulsorily retired under the old rules.