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The Local Government Pension Scheme Regulations 1995

Type Statutory-Instrument

Publication 1995-04-06

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(ii) the benefits to which he is entitled in relation to those payments shall be calculated in accordance with regulation C19(7) and (8) as if the payments had been discontinued under regulation C18.

(2) Paragraph (1) shall not preclude a person who has elected under regulation B12 making a further election under regulation C9(1), C13 or C14 after again becoming a member.

Return of member’s contributions in certain cases

C21

(1) If a member who is entitled to count a total period of membership of less than 2 years—

(a) ceases to be employed by a LGPS employer and on so ceasing does not become entitled to a retirement pension (or only does so by virtue of regulation D19); or

(b) ceases to be a member by virtue of a notification under regulation B12,

and does not, within one month and one day after so ceasing, become a member again in the employment of that or any other LGPS employer (except one by whom he is concurrently employed when he so ceases), then, subject to paragraphs (4) and (5), he is entitled to receive a payment under paragraph (2).

(2) A payment under this paragraph is a payment out of the appropriate pension fund of a sum equal to—

(a) the aggregate amount of the person’s contributions to the fund, and

(b) if he ceased to be employed for any reason other than—

(i) his voluntary resignation, or

(ii) his resignation or dismissal in consequence of inefficiency or an offence of a fraudulent character or misconduct,

compound interest on the amount mentioned in paragraph (a), calculated, to the date on which he ceased to be employed, at the appropriate rate for the period, increased where appropriate as mentioned in regulation K17.

(3) For the purposes of paragraph (2), “the appropriate rate” means nine per cent. per annum with yearly rests on 31st March.

(4) Paragraph (1) does not apply to a person who ceases to be employed in consequence of—

(a) an offence of a fraudulent character, or

(b) grave misconduct,

in connection with his employment, but the employing authority may direct the payment out of the appropriate pension fund—

(i) to him, or

(ii) where paragraph (a) applies, to him or to his spouse or any dependant of his,

of a sum equal to the whole or a part of the aggregate amount of his contributions to the fund.

(5) No payment shall be made under this regulation to a person—

(a) who is for the time being entitled to be paid, or has been paid, an ill-health retirement grant under regulation D8, or under regulation E4 of the 1986 regulations or regulation E20 of the 1974 regulations, or

(b) in relation to whom a transfer value from the trustees or managers of a personal pension scheme or self-employed pension arrangement has been and remains credited to the appropriate pension fund.

(6) A payment to a person under paragraph (1) shall be made—

(a) at the end of the period of 12 months following the termination of his employment, or

(b) in accordance with any written request received by the administering authority for earlier or later payment, (not being earlier than one month and two days after—

(i) the termination of the employment, or

(ii) in the case of a person referred to in paragraph (1)(b), the notification given under regulation B12).

(7) The administering authority shall deduct from any payment under this regulation any tax to which they may become chargeable under section 598 of the Income and Corporation Taxes Act 1988[^f00012] (charge to tax on repayment of employee’s contributions) and returned contributions may be subject to reduction under paragraph 11 of Schedule C6.

Meaning of “aggregate amount of contributions” for purposes of regulation C21

C22

(1) In regulation C21 references to the aggregate amount of a person’s contributions to a pension fund include references to the contributions and amounts specified in paragraph (2) in so far as they—

(a) have not been returned to the person or, if returned, have subsequently been repaid by him,

(b) are attributable to a period of membership which might have counted under these regulations in relation to the employment he has ceased to hold, and

(c) are not attributable to any earlier period of membership in respect of which a benefit has been paid under Part D, E, F or G of these regulations or the corresponding provisions of the 1986 regulations or the 1974 regulations.

(2) The contributions and amounts mentioned in paragraph (1) are—

(a) any contributions or payments paid by him to any pension fund—

(i) under regulation C4, C5 or C6, or

(ii) under regulation C2, C3 or C3A of the 1986 regulations; and

(b) any amount paid by him—

(i) by way of additional contributory payments or added period payments, or

(ii) under regulation C7, C13 or C14, or

(iii) under regulation C4, C6A, C7, C7A, C8 or C8A of the 1986 regulations.

Effect of return to local government on right to a return of contributions

C23

A person’s right to a payment under regulation C21 is extinguished if—

(a) after leaving local government employment with a right to such a payment he returns to such employment without having received the payment, and

(b) he has not given written notice to his previous fund authority—

(i) before the expiry of the period of three months beginning with the date on which he returns to such employment, or

(ii) within such longer period as his previous fund authority and, if different, his new fund authority may allow,

that he wishes to receive an immediate payment.

AVCs

Additional voluntary contributions

C24

(1) Subject to regulation C27, a member may at any time elect to pay contributions under this regulation in addition to those provided for by the previous regulations in this Part.

(2) Schedule C4 shall have effect—

(a) in relation to such an election and in relation to contributions payable under this regulation; and

(b) in relation to receipt of a transfer value in respect of an additional voluntary contributions provision or an additional voluntary contributions scheme (so far as permitted by regulation K13(2)(b)(i)).

(3) In these regulations—

“additional voluntary contributions provision” means a provision of an occupational pension scheme approved by the Commissioners of Inland Revenue under section 591 of the Income and Corporation Taxes Act 1988[^f00013] (which provides for the payment by employees of voluntary contributions);

“additional voluntary contributions scheme” means a scheme approved by the Commissioners of Inland Revenue under that section, to which an employer is not a contributor and which provides benefits additional to those provided by an occupational pension scheme.

Deduction and recovery of contributions

Deduction and recovery of member’s contributions

C25

(1) An employing authority may deduct from the remuneration payable by them to a person—

(a) contributions or payments payable by him under regulations C4, C5 and C6,

(b) any amount payable by him under regulation C7,

(d) contributions payable by him under regulation C24.

(2) The former employer of a person—

(a) by whom sums are payable under regulation C8(2), or

(b) in respect of whom any sums are paid under paragraph 6(4) of Schedule C4,

may deduct those sums from any payment the employer makes to that person under Part V of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951[^f00014], so far as those sums are payable in respect of the period in respect of which that payment is made.

(3) If and so far as deductions are not made under paragraph (1) or (2), the appropriate administering authority may recover any sum remaining due—

(a) as a simple contract debt in any court of competent jurisdiction (but, in the case of a sum payable under regulation C8 or paid under paragraph 6(4) of Schedule C4, only if it is not paid within 12 months of the person ceasing to perform relevant service as defined in that regulation), or

(b) by deducting it from any payment by way of benefits to or in respect of the person in question under these regulations.

Statements as to remuneration not received from employing authority

C26

(1) A member who receives any part of his remuneration otherwise than from the employing authority shall provide the employing authority with half-yearly statements of his receipts in respect of that part.

(2) The statements shall—

(a) relate to the periods 1st April to 30th September and 1st October to 31st March, and

(b) be provided not later than 31st October and 30th April respectively.

(3) As soon as is reasonably practicable after receiving a request in writing from the employing authority the member shall provide them with a statutory declaration verifying the correctness of any statement specified in the request.

Limitations on payments

Limitation of payments

C27

Schedule C5 has effect for the limitation, in certain circumstances, of payments under this Part and benefits under other Parts of these regulations.

Provisions concerning continuing payments under old legislation

Provisions concerning outstanding payments due under previous regulations

C28

Schedule C6 shall have effect for the purpose of making provision concerning outstanding payments due under previous regulations.

PART D — RETIREMENT BENEFITS

Preliminary definitions

“Pensionable remuneration”

D1

(1) A person’s pensionable remuneration, in relation to a local government employment, is his remuneration for so much of the relevant period as he is entitled to count as a period of membership in relation to that employment.

(2) For the purposes of this regulation, the relevant period is—

(a) the year ending with the day on which the person ceases to be a member; or

(b) such other period as in accordance with Schedule D1 is to be regarded as the relevant period.

(3) Paragraph (1) has effect subject to the further provisions concerning pensionable remuneration in that Schedule and in Schedule C5 (limitations on contributions and benefits), and the provisions of paragraph 6 of Schedule M2 (modifications of regulations in respect of certain former contributory employees).

“Standard retirement pension” and “standard retirement grant”

D2

(1) Subject to paragraphs (2) and (3), in these regulations, in relation to any person—

(a) “standard retirement pension” means a pension payable at an annual rate equal to one eightieth of his pensionable remuneration, multiplied by the length in years of his total period of membership; and

(b) “standard retirement grant” means a lump sum of an amount equal to three eightieths of his pensionable remuneration, multiplied by the length in years of his total period of membership.

(2) In the case of a person who—

(a) is entitled under regulation B16, B17 or C9 or paragraph 2(a) or 5 of Schedule C6 to count an additional period as a period of membership, and

(b) had at the appropriate time (within the meaning of regulation C10(7)) attained the age of 45 years,

then—

(i) the standard retirement pension is increased by one two hundred and fortieth of his pensionable remuneration, multiplied by the length in years of that additional period of membership, and

(ii) that additional period of membership is excluded from his total period of membership for the purposes of calculating the standard retirement grant.

(3) Paragraphs (1) and (2) are subject to regulations D7(2), D13, D17(5), D19(1), paragraph 3 of Schedule B6 and Schedule C5 (limitations on contributions and benefits); and paragraph (1)(b) is subject to the provisions of Schedule D2 (Part I of which relates to the preservation of rights under the 1974 regulations to increases in retirement grants and Part II of which relates to the reduction in retirement grants on account of contingent spouses' pensions).

“Statutory pension entitlement”

D3

For the purposes of these regulations, a person has a “statutory pension entitlement” if—

(a) his total period of membership is not less than two years, or

(b) a transfer value from the trustees or managers of a personal pension scheme or self-employed pension arrangement has been and remains credited to the appropriate pension fund in relation to him.

References to members leaving employment to include optants-out

D4

In this Part any reference to a member ceasing to hold a local government employment (except the reference in regulation D7) includes a reference to a person who was a member in such an employment but ceased to be so by virtue of a notification under regulation B12(2) (leaving the Scheme) ceasing to hold that employment, and other references in these regulations shall be construed accordingly.

Entitlement to immediate payment of benefits on retirement

Retirement on or after NRD

D5

Subject to the following provisions of this Part, if a member who ceases to hold a local government employment—

(a) has a statutory pension entitlement, and

(b) has attained normal retirement age,

he is entitled—

(i) to a standard retirement pension, and

(ii) to a standard retirement grant,

which are payable immediately on his ceasing to hold that employment.

Early entitlement to retirement benefits: redundancy etc.

D6

(1) Subject to the following provisions of this Part, if a member who ceases to hold a local government employment—

(a) has a statutory pension entitlement,

(b) has attained the age of 50, and

he is entitled—

(i) to a standard retirement pension and

(ii) to a standard retirement grant,

which are payable immediately on his ceasing to hold that employment, unless paragraph (3) applies.

(2) The conditions mentioned in paragraph (1)(c) are—

(a) that the employing authority certify that he has ceased to hold the local government employment—

(i) by reason of redundancy, or

(ii) in the interests of the efficient exercise of their functions, or

(b) that he was one of the holders of a joint appointment and his appointment has been terminated because the other ceased to hold his appointment.

(3) Where—

(a) the member’s entitlement is by virtue of his satisfying the condition mentioned in paragraph (2)(a),

(b) regulation 9 of the Local Government (Compensation for Redundancy) Regulations 1994[^f00015] applies to him, and

he may by notice in writing to his employing authority waive his right under paragraph (1) to immediate payment of the standard retirement pension and standard retirement grant.

Early entitlement to retirement benefits: ill-health

D7

(1) Subject to the following provisions of this Part, where a member who ceases to hold a local government employment—

(a) has a statutory pension entitlement, and

(b) is incapable of discharging efficiently the duties of that employment by reason of permanent ill-health or infirmity of mind or body,

he is entitled—

(i) to a standard retirement pension, and

(ii) to a standard retirement grant,

which are payable immediately on his ceasing to hold that employment.

(2) Where the member’s total period of membership is at least 5 years, he is to be treated for the purposes of this regulation as being entitled to count as a period of membership an additional period calculated in accordance with Schedule D3.

Ill-health retirement grants

D8

(1) Where a member who ceases to hold a local government employment—

(a) is incapable of discharging efficiently the duties of that employment by reason of permanent ill-health or infirmity of mind or body,

(b) regulation D7 does not apply to him because he does not have a statutory pension entitlement, but

then, subject to paragraph (3), he is entitled to be paid a lump sum (“an ill-health retirement grant”).

(2) The amount of the ill-health retirement grant is the lesser of—

(a) one twelfth of the member’s pensionable remuneration, multiplied by the length in years of his total period of membership, or

(b) three eightieths of his pensionable remuneration, multiplied by the length in years of the total period of membership he would have been entitled to count if—

(i) he had continued as a member of the Scheme until the age of 65, and

(ii) any added period payments had been completed.

(3) Paragraph (1) does not apply if—

(a) the member ceased to hold his employment in consequence of any such offence or misconduct as are mentioned in regulation C21(4),

(b) apart from this regulation, the member is entitled to any payment out of the appropriate pension fund, other than an injury allowance under regulation 7 of the Benefits regulations or a return of contributions, or

(i) any return of contributions (other than one in respect of which a payment was made under regulation E20(3) of the 1974 regulations),

(ii) a grant under regulation E20 of the 1974 regulations, or

(iii) has been granted any gratuity under Part K of the 1986 regulations, section 18 of the Act of 1953, or any local Act;

and where the grant to which a member would be entitled under paragraph (1), calculated in accordance with paragraph (2), is no more than the net amount he would receive if a return of contributions were made to him (including an increase under regulation K17 where that regulation applies), he shall instead be entitled to such a return of contributions (so increased where appropriate).

(4) If a person to whom this regulation applies is granted a gratuity under Part K of the 1986 regulations or under a local Act before an ill-health retirement grant is paid to him, he shall cease to be entitled to an ill-health retirement grant.

(5) Without prejudice to any subsequent decision under regulation J3 (decisions as to benefits), the appropriate administering authority shall notify a person who falls within paragraph (1) (other than one to whom paragraph (3)(a) applies), in writing and as soon as is reasonably practicable, of the amount of the ill-health retirement grant to which, subject to paragraph (4), he would be entitled if he were and remained a person to whom this regulation applies.

Retirement at or after 60 but before NRD

D9

(1) Subject to the following provisions of this Part, if a member who ceases to hold a local government employment after attaining the age of 60 but before his NRD satisfies the relevant conditions, he is entitled—

(a) to a standard retirement pension (reduced in accordance with regulation D13), and

(b) to a standard retirement grant (so reduced),

which are payable immediately on his ceasing to hold that employment.

(2) The conditions referred to in paragraph (1) are—

(a) that the member fulfils one of the following requirements, namely—

(i) he has a statutory pension entitlement; or

(ii) he is treated by virtue of regulation K23(2) as having ceased to hold the employment on becoming subject in it to an approved non-local government scheme; and

(b) that he duly makes an election for his retirement benefits to be payable immediately on his ceasing local government employment.

(3) An election under this regulation shall be made by notice in writing to the employing authority given within the period of three months beginning with the day on which the member ceases to hold local government employment or, as the case may be, is treated as doing so.

No double entitlement.

D10

(1) Where (apart from this regulation) any person would be entitled to a retirement pension or to a retirement grant under two or more regulations in respect of the same period of membership—

(a) he may elect by notice in writing, given to the employing authority before the expiry of the period of three months beginning with the day on which he becomes so entitled, under which provision he is to be paid those benefits; and

(b) if he makes no such election, the employing authority may notify him in writing of the provision.

(2) Paragraph (1) is without prejudice to regulations D17, D19 and D20 and section 13(6) of the Pension Schemes Act 1993[^f00016].

Entitlement to deferred benefits: (“preserved benefits”)

Entitlement to deferred retirement benefits (“preserved benefits”)

D11

(1) If a member who ceases to hold a local government employment—

(a) is not entitled under regulation D5, D6, D7 or D9 to retirement benefits which are payable immediately on his ceasing to hold that employment; and

(b) fulfils one of the following requirements, namely—

(i) he has a statutory pension entitlement; or

(ii) he is treated by virtue of regulation K23(2) as having ceased to hold the employment on becoming subject in it to an approved non-local government scheme;

then, subject to regulation D13, he becomes entitled in relation to that employment to a standard retirement pension and a standard retirement grant payable from the appropriate date; and in these regulations benefits to which a person becomes entitled under this paragraph by virtue of fulfilling one of the requirements mentioned in paragraph (b) and which have not yet become payable are called “preserved benefits”.

(2) For the purposes of paragraph (1) “the appropriate date”, in relation to any person, is his 65th birthday or, if earlier, the earliest of the following—

(a) his NRD;

(b) any date on which he becomes incapable, by reason of permanent ill-health or infirmity of mind or body, of discharging efficiently the duties of the employment he has ceased to hold;

(c) any date after he has attained the age of 50 years from which the employing authority determine on compassionate grounds that the benefits are to become payable;

(d) in the case of a person who has attained the age of 60 years, has ceased to be employed in local government employment and has duly elected to receive payment from the relevant date, that date.

(3) An election under paragraph (2)(d) shall be made by notice in writing to the employing authority given within the period of three months beginning with the relevant date.

(4) In this regulation “relevant date”, in relation to any person, means—

(a) the date on which he attains the age of 60, or

(b) if later, the date of his ceasing to be employed in local government employment.

Further provisions about preserved benefits

D12

(1) A person who is entitled to preserved benefits under regulation D11(1) ceases to be entitled to them—

(a) if—

(i) the whole of the aggregate amount of his contributions to the appropriate pension fund has been returned to him (with or without interest) under regulation C21 of these regulations or regulation C12 of the 1986 regulations or regulation C8 of the 1974 regulations, and

(ii) after receiving the return of contributions, he has no further right to count any period of membership to which a transfer value accepted under regulation K13 of the regulations or regulation J8 of the 1986 regulations or regulation N7 of the 1974 regulations relates,

(b) if rights in respect of the period of membership he was entitled to count in relation to the employment he ceased to hold have been transferred to a non-local government scheme, a personal pension scheme, a self-employed pension arrangement, a retirement annuity contract or an appropriate policy by virtue of the payment of a transfer value,

(d) if the body who employed him in the employment which he ceased to hold certify under paragraph 4 of Schedule D1 that on ceasing to hold it he suffered a material reduction in remuneration.

(2) An election by a person for the purposes of paragraph (1)(c) shall be made by giving notice in writing—

(a) before the expiry of the period of three months beginning with the date on which he re-enters local government employment, or

(b) such longer period as the administering authority or, where there is a change of fund, the administering authorities of both funds, may allow,

to the appropriate administering authority or, where there is such a change, to both of them.

Adjustments to standard benefits

Reduction of pensions payable early by virtue of elections etc.

D13

(1) This regulation applies where benefits are payable to a person—

(a) under regulation D9, or

(b) under regulation D11 in a case where the appropriate date is determined under paragraph (2)(d) of that regulation,

and the member’s or former member’s pension advancement period is at least one year.

(2) Where this regulation applies, then, subject to regulation D17, the standard retirement pension and standard retirement grant, calculated in accordance with regulation D2 and Schedule D2, are reduced by the appropriate percentage for the member’s pension advancement period.

(3) In paragraph (2) “the member’s pension advancement period”, in relation to a person, means the period remaining from the date from which the benefits became payable to his NRD.

(4) In paragraph (2) “the appropriate percentage” means the percentage shown in the appropriate column in the following Table.

Pension advancement period (years)	Percentage reduction	Percentage reduction
	Retirement pension	Retirement pension
	Male	Female
			Retirement grant
			Both Sexes
0	0	0	0
1	8	7	2
2	15	13	5
3	22	18	7
4	28	23	9
5	33	27	11

(5) Where the member’s pension advancement period is not an exact number of years, the necessary interpolations shall be made in the Table.

Surrender of part of retirement pension in favour of spouse or dependant

D14

(1) Subject to the following provisions of this regulation and to regulation D17, a person who—

(a) has become entitled to receive payments in respect of a retirement pension, or

(b) holds local government employment and has attained normal retirement age,

may surrender, as from the relevant date, in favour of his spouse or any dependant of his (“the beneficiary”), a part of the retirement pension which is or may become payable to him, and a person who has surrendered part of a retirement pension may surrender further parts of it.

(2) The part of the retirement pension surrendered on any occasion—

(a) shall be an exact number of pounds, and

(b) shall secure for the beneficiary a pension of at least £97.50 per annum.

(3) The surrendered part (together with any parts previously surrendered) shall not exceed—

(a) the amount which would result in the reduction of the retirement pension to less than the rate of the pension which would become payable to the beneficiary, or

(b) one third of the retirement pension, or

(c) where Schedule D6 (former teachers) applies, one third of the retirement pension receivable after reduction under that regulation.

(4) Where a person who has made a surrender under this regulation dies, an annual pension at a rate which is (according to tables to be prepared from time to time by the Government Actuary) actuarially equivalent at the relevant date to the value of the surrendered part of the retirement pension becomes payable to the beneficiary.

(5) For the purposes of this regulation “the relevant date” means—

(a) the date of becoming entitled to receive payments in respect of the retirement pension; or

(b) in the case of a person who dies while still in local government employment, immediately before the date on which he died.

(6) Where the person surrendering holds local government employment and has attained normal retirement age, references in paragraphs (2) and (3) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

(7) Schedule D4 shall have effect for the purpose of making further provision as respects the procedure for surrenders under this regulation.

Adjustments to retirement pensions and grants for certain re-employed pensioners

D15

Schedule D5 shall have effect for the purpose of making provision as to the retirement benefits in respect of certain pensioners who are re-employed by LGPS employers; and the provisions of this Part have effect subject to Part I of that Schedule (reduction of retirement pensions), Part II of that Schedule (combined benefits) and Part III of that Schedule (separate benefits).

Reduction of retirement pensions of certain former teachers.

D16

The provisions of Schedule D6 shall have effect as respects the reduction in pensions of certain former teachers.

Overriding provisions (contracting-out and Finance Act requirements, etc.)

Guaranteed minimum pensions for members in contracted-out employment, etc.

D17

(1) Where—

(a) the employment of a member in any local government employment is contracted-out employment; and

(b) the member has a guaranteed minimum under section 14 of the Pension Schemes Act 1993[^f00017] in relation to benefits under these regulations,

then paragraphs (2) to (4) apply as respects the member’s employment.

(2) The member who ceases to hold his local government employment is from the date on which he attains state pensionable age entitled to a pension at a weekly rate equal to that guaranteed minimum (unless on ceasing to hold his local government employment he is entitled to a retirement pension at a higher rate).

(3) If the member—

(a) attains state pensionable age while in local government employment;

(b) continues in the same employment for a further period of 5 years; and

then he is entitled from the end of that period to so much of his retirement pension as equals that guaranteed minimum (unless he consents to a postponement of the entitlement).

(4) The guaranteed minimum referred to in paragraphs (2) and (3) shall, so far as it is attributable to earnings factors for the tax year 1988 89 or for subsequent tax years, be increased in accordance with the requirements of section 109 of the Pension Schemes Act 1993.

(5) A person’s retirement pension is not to be reduced under regulation D13 to less than the aggregate of—

(a) any minimum rate of equivalent pension benefits applicable under the Insurance Acts, and

(b) the annual rate obtained by multiplying one eightieth of the person’s pensionable remuneration by the length in years of the whole period of the person’s membership in contracted-out employment during the period beginning with the relevant date and ending with 30th April 1995.

(6) In paragraph (5) “the relevant date” means—

(a) in the case of a man, 17th May 1990; and

(b) in the case of a woman, 6th April 1978.

(7) Where a person’s local government employment is or was contracted-out employment, a surrender under regulation D14 (together with any previous surrenders) shall not result—

(a) in the annual rate of the retirement pension being less than one eightieth of the pensionable remuneration, multiplied by the length in years of the whole period of his membership in contracted-out employment after 5th April 1978, or

(b) (disregarding the effect of the preceding paragraphs) in the weekly rate of the retirement pension being less than his guaranteed minimum, if any.

(8) Where a person making a surrender under regulation D14—

(a) is in local government employment,

(b) has attained normal retirement age, and

references in paragraph (7) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

(9) Where this regulation applies it overrides any provision in these regulations to the extent to which it conflicts with it, except—

(a) regulation D15 and Part I of Schedule D5 (reduction of retirement pension in the case of certain re-employed pensioners);

(b) regulation H4 (forfeiture of rights); and

Revaluation of guaranteed minimum in certain cases

D18

(1) This regulation applies where—

(a) a person has ceased to be a member; and

(b) the guaranteed minimum in relation to his pension is appropriately secured (within the meaning of section 19 of the Pension Schemes Act 1993).

(2) The earnings factors of such a person shall be determined for the purposes of section 14(2) of that Act—

(a) by reference to the last order under section 21 of the Social Security Pensions Act 1975[^f00018] or section 148 of the Social Security Administration Act 1992[^f00019] to come into force before the end of the tax year in which he ceased to be a member; and

(b) without reference to the last such order to come into force before the end of the final relevant year.

(3) The weekly equivalent mentioned in section 14(2) of the Pension Schemes Act 1993 is to be increased in accordance with any additional requirements for the time being prescribed for the purposes of section 55(5) of that Act (exclusion from liability to pay a limited revaluation premium).

(4) In this regulation “final relevant year” has the meaning given in section 16(5) of that Act.

Equivalent pension benefits

D19

(1) If when a member ceased to hold a local government employment—

(a) he was not entitled in relation to that employment to a retirement pension under regulation D5, D6, D7, D9 or D11, and he receives a return of contributions,

(b) the whole or some part of his period of membership was in service in a non-participating employment or in service which relates to employment with a non-local government employer in a non-participating employment,

(i) of the repeal of section 56(1) of the National Insurance Act 1965[^f00020], or

(ii) of the provisions of regulation 2(2) of the National Insurance (Non-participation-Assurance of Equivalent Pension Benefits) Regulations 1960[^f00021] (as modified by regulation 9(2)(a) or (b) of the National Insurance (Non-participation-Transitional Provisions) Regulations 1974[^f00022]); and

(d) at some time during the settlement period (within the meaning of regulation 2 of those Regulations of 1974) he became, and has remained, assured of equivalent pension benefits,

then he is entitled in relation to that employment to an annual retirement pension payable at the rate of the equivalent pension benefits applicable to him in respect of any period of membership in service in a non-participating employment or which relates to service with a non-local government employer in a non-participating employment.

(2) A retirement pension to which a person has become entitled by virtue of paragraph (1) is payable from the first date on which he—

(a) has attained state pensionable age, and

(b) is no longer in any local government employment.

(3) For the purposes of these regulations a member to whom this regulation applies shall be treated as having ceased to hold the employment in respect of which he receives a return of contributions on the day before the date of receipt.

National insurance

D20

(1) Subject to paragraph (2), where a pension is payable to a member who attains state pensionable age in respect of a period of service in a non-participating employment, which counts for the purpose of calculating any benefits payable to the member (other than excepted service), no provision in these regulations—

(a) for the surrender or assignment of a pension, or

(b) for the reduction, termination or suspension of a pension,

shall apply so as to reduce the pension below the minimum rate of equivalent pension benefits applicable in respect of that period of service under the Insurance Acts.

(2) Paragraph (1) does not apply to any provision for the reduction, termination or suspension of a pension, which is used for a purpose prescribed by regulations made, or deemed to have been made, under section 57(1)(c) of the National Insurance Act 1965 (equivalent pension benefits).

(3) For the purposes of paragraph (1) “excepted service”, in relation to any person, means any earlier period of such service as there mentioned, being service in respect of which—

(a) a payment in lieu of contributions has been made, or

(b) equivalent pension benefits satisfying the requirements of the Insurance Acts have already been assured to him.

Limitations on benefits etc.

D21

(1) The provisions of this Part are subject to Schedule C5 (limitations on contributions and benefits) and to the general provisions in Part H.

PART E — DEATH GRANTS

Death of a member

E1

(1) If at the time of his death a person was a member, his personal representatives are entitled to receive a lump sum death grant.

(2) Where paragraph (1) applies the amount of the death grant is an amount equal to twice the deceased’s pensionable remuneration, less, in a case where a surviving spouse’s long-term pension is payable under Part F, the appropriate amount to be deducted under regulation E5.

Death of a deferred pensioner

Death grant: deferred pensioners

E2

(1) If at the time of his death a person—

(a) was in local government employment and had a statutory pension entitlement, but was not a member by virtue of a notification under regulation B12(2) (leaving the scheme), or

(b) was entitled to preserved benefits, his personal representatives are entitled to receive a lump sum death grant.

(2) Where paragraph (1) applies the amount of the death grant is three eightieths of the deceased’s pensionable remuneration, multiplied by the length in years of the period of membership taken into account in calculating his retirement pension, less, in a case where a surviving spouse’s long-term pension is payable under Part F, the appropriate amount to be deducted under regulation E5.

Death of a pensioner

Death grant: pensioners with 10 years' or more membership

E3

(1) If at the time of his death a person—

(a) was entitled to receive payments in respect of a retirement pension calculated by reference to a period of membership of 10 years or more (other than a pension under regulation D17 or D19), or

(b) would have been so entitled but for the operation of Schedule D5 (re-employed pensioners),

his personal representatives are entitled to receive a lump sum death grant.

(2) Where the deceased became entitled to the retirement pension otherwise than by virtue of regulation D9 or D11, the amount of the death grant is the greater of—

(a) the deceased’s pensionable remuneration, and

(b) three eightieths of his pensionable remuneration, multiplied by the length in years of the period of membership taken into account in calculating his retirement pension,

reduced by the total of—

(i) any retirement grant paid to him,

(ii) any payments which were or, apart from any reduction under regulation H2 (national insurance) or Schedule D5 (re-employed pensioners) or partial surrender under regulation D14, would have been made to him in respect of retirement pension, and

(iii) if a surviving spouse’s long-term pension is payable under Part F, the appropriate amount to be deducted under regulation E5.

(3) Where the deceased became entitled to the retirement pension by virtue of regulation D9 or D11, the amount of the death grant is the greater of—

(a) the amount mentioned in paragraph (2)(b) (less the relevant deductions), and

(b) such proportion of the amount of the deceased’s pensionable remuneration (after subtracting the amount of the relevant deductions) as the length in years of the period of membership taken into account in calculating his retirement pension bears to the length in years of the period of membership he would have had at his NRD.

(4) In paragraph (3) “the relevant deductions” means the sum of—

(a) the amount that would be the appropriate amount under regulation E5(2) or (3) if that regulation applied, and

(b) the total of any payments made to him in respect of retirement pension and retirement grant.

Death grant: pensioners with less than 10 years' membership

E4

(1) If at the time of his death a person—

(a) was entitled to receive payments in respect of a retirement pension calculated by reference to a period of membership of less than 10 years (excluding a pension to which he would not be entitled apart from regulation D17 or D19), or

(b) would have been so entitled but for the operation of Schedule D5 (re-employed pensioners),

his personal representatives are entitled to receive a lump sum death grant.

(2) The amount of the death grant payable under paragraph (1) in a case where—

(a) the deceased became entitled to the retirement pension by virtue of regulation D9 or D11, and

(b) the period of membership that would have been taken into account in calculating a retirement pension if he had remained in his local government employment until his NRD is 10 years or more,

is the greater of—

(i) three eightieths of his pensionable remuneration, multiplied by the length in years of the period of membership taken into account in calculating his retirement pension (less the relevant deductions), and

(ii) such proportion of the amount of the deceased’s pensionable remuneration (after subtracting the amount of the relevant deductions) as the length in years of the period of membership taken into account in calculating his retirement pension bears to the length in years of the period of membership he would have had at his NRD;

and in this paragraph “the relevant deductions” has the same meaning as in regulations E3(4).

(3) The amount of the death grant payable under paragraph (1) in a case where the deceased became entitled to the retirement pension otherwise than by virtue of regulation D9 or D11 or of regulation E2(1)(d) of the 1986 regulations, is an amount equal to the total amount that would (or would but for Schedule D5 (re-employed pensioners) or his death, or both) have been paid to him by way of retirement pension for the first 5 years after he became (or would but for Schedule D5 have become) entitled to receive payments in respect of the pension, reduced—

(a) by the total of any payments made to him in respect of retirement pension, or

(b) where the pension—

(i) was reduced under regulation D13 (early payment) or regulation H2 (national insurance) or Schedule D5 (re-employed pensioners), or

(ii) had been partially surrendered under regulation D14,

by the amount which would have been paid in respect of the pension but for the reduction or surrender.

(4) The amount of the death grant payable under paragraph (1) in a case where—

(a) the deceased became entitled to the retirement pension by virtue of regulation D9 or D11, and

(b) the period of membership that would have been taken into account in calculating a retirement pension if he had remained in his local government employment until his NRD is less than 10 years,

is such proportion of the amount mentioned in paragraph (3) (less the total of any payments made to him in respect of retirement pension) as the length in years of the period of membership taken into account in calculating his retirement pension bears to the length in years of the period of membership he would have had at his NRD.

General provisions relating to death benefits

Surviving spouse deductions from certain death grants

E5

(1) A death grant is reduced under this regulation by the appropriate amount if—

(a) it is payable under regulation E1, E2 or E3(2), and

(b) a surviving spouse’s long-term pension is payable under Part F.

(2) Where—

(a) the deceased was a man, or

(b) the deceased was a woman who was treated as a man by virtue of paragraph 2 of Schedule F1,

the appropriate amount for the purposes of paragraph (1) is an amount equal to two eightieths of the deceased’s pensionable remuneration multiplied by the length in years of any period of membership before 1st April 1972 in respect of which the widow's, or as the case may be, widower’s pension is payable under Part F.

(3) Where the deceased was a woman (other than one to whom paragraph (2)(b) applies), the appropriate amount for the purposes of paragraph (1) is an amount equal to—

(a) one one hundred and sixtieth of the deceased’s pensionable remuneration, multiplied by the length in years of any period—

(i) notice of which was given under paragraph 1(1) of Schedule F1, and

(ii) which is treated for the purposes of paragraph 3(2) of Schedule D2 as a period of membership after 31st March 1972 but before 6th April 1988; plus

(b) three one hundred and sixtieths of the deceased’s pensionable remuneration, multiplied by the length in years of any further period—

(i) of which such notice was given,

(ii) which is treated for those purposes as a period of membership before 1st April 1972, and

(iii) in respect of which a widower’s pension is payable under Part F.

(4) In calculating any reduction under this regulation, no account shall be taken of any period of membership in respect of which payment under regulation C13 has been or is to be treated as having been completed.

Adjustments to death grants for certain re-employed pensioners

E6

The provisions of this Part have effect subject to Part III of Schedule D5 (separate benefits of certain persons re-employed by LGPS employers) and Part IV of that Schedule (death in further employment of such employees).

Part-timers' pensionable remuneration for certain purposes of this Part

E7

Paragraph 7 of Schedule D1 (by virtue of which a member is, in respect of any period of part-time local government employment, to be treated as having received the remuneration which would have been paid in respect of a single comparable whole-time employment) does not apply to the application of regulation D1 and that Schedule in ascertaining the deceased’s pensionable remuneration for the purposes of regulation E1, E3(2)(a) or (3)(b) or E4(2)(ii).

PART F — SURVIVING SPOUSES' PENSIONS

Death of a member

Member’s spouse’s short-term pension

F1

(1) Subject to regulations F7 (remarriage and cohabitation) and G8(3), if a member dies living a surviving spouse or spouses, that spouse is entitled or, as the case may be, they are jointly entitled, to a spouse’s short-term pension—

(a) if the spouse has one or more eligible children in his or her care, for six months after the member’s death, or

(b) otherwise for three months after the member’s death.

(2) Where paragraph (1) applies then, subject to paragraph 21 of Schedule D5 (re-employed pensioners), the annual rate of the short-term pension is a rate equal to the spouse’s pensionable remuneration.

(3) Paragraph 7 of Schedule D1 (by virtue of which member is, in respect of any period of part-time local government employment, to be treated as having received the remuneration which would have been paid in respect of a single comparable whole-time employment) does not apply to the application of regulation D1 and that Schedule to this regulation.

Member’s spouse’s long-term pension

F2

(1) Subject to regulation F7 (remarriage and cohabitation), if a member who has a statutory pension entitlement dies leaving a surviving spouse or spouses, that spouse is entitled or, as the case may be, they are jointly entitled, at the end of the period in respect of which a short-term pension is payable under regulation F1, to a spouse’s long-term pension.

(2) Where paragraph (1) applies then, subject to Part IV of Schedule D5 (re-employed pensioners), the annual rate of the long-term pension is—

(a) if the member’s total period of membership was not less than two years, half the annual rate of the retirement pension to which the spouse would have been entitled if on the date of death the spouse had become entitled under regulation D7 (permanent ill-health, etc.); and

(b) otherwise, one one hundred and sixtieth of the member’s pensionable remuneration, multiplied by the length in years of the member’s total period of membership.

(3) For the purposes of paragraph (2)(a)—

(a) any increase in the deceased’s retirement pension by virtue of regulation D2(2)(i), and

(b) any reduction in that pension under regulation H2, or by virtue of a surrender under regulation D14, shall be disregarded.

Death of a deferred pensioner

Deferred pensioner’s spouse’s long-term pension

F3

(1) Subject to regulation F7 (remarriage and cohabitation), if a person who is not a member dies leaving a surviving spouse or spouses and at the time of his death he—

(a) was entitled to preserved benefits, or

(b) was in a local government employment and would have been so entitled if he had ceased to hold that employment immediately before that time,

that spouse is entitled or, as the case may be, they are jointly entitled, to a spouse’s long-term pension.

(2) Subject to regulation F6 (post retirement marriages), the annual rate of the long-term pension to which a spouse is entitled under paragraph (1) is half the annual rate of the retirement pension to which the deceased would have been entitled if on the date of death he had become entitled under regulation D5.

Death of a pensioner

Pensioner’s spouse’s short-term pension

F4

(1) Subject to regulations F7 (remarriage and cohabitation) and G8(3), if a person who—

(a) was entitled to receive payments in respect of a retirement pension (other than a pension under regulation D19), or

(b) would have been so entitled but for regulation H6 (commutation in exceptional circumstances of ill-health) or Part I of Schedule D5 (re-employed pensioners),

dies leaving a surviving spouse or spouses, that spouse is entitled or, as the case may be, they are jointly entitled to a spouse’s short-term pension—

(i) if the spouse has one or more eligible children in his or her care, for six months after the deceased’s death, or

(ii) otherwise for three months after the deceased’s death.

(2) Subject to regulation F6 (post retirement marriages), where paragraph (1) applies, the annual rate of the short-term pension is a rate equal to the spouse’s retirement pension immediately before the date of death or the rate it would have been at that date apart from any payment under regulation H6 or the operation of Part I of Schedule D5.

Pensioner’s spouse’s long-term pension

F5

(1) Subject to regulation F7 (remarriage and cohabitation), where regulation F4(1) applies the surviving spouse is entitled or, as the case may be, the surviving spouses are jointly entitled, at the end of the period in respect of which a short-term pension is payable under that regulation, to a spouse’s long-term pension.

(2) Subject to regulation F6 (post retirement marriages), where paragraph (1) applies and any new employment for the purposes of Part I of Schedule D5 (re-employed pensioners) was not a local government employment, the annual rate of the long-term pension is half the annual rate of the deceased’s retirement pension immediately before the date of death.

(3) For the purposes of paragraph (2)—

(a) any increase in the deceased’s retirement pension by virtue of regulation D2(2)(i),

(b) any reduction in that pension under regulation D13 or H2 or by virtue of a surrender under regulation D14, and

shall be disregarded.

General provisions relating to surviving spouse’s pensions

Post retirement marriages

F6

(1) Where a widow was not her husband’s wife at some time while he was in local government employment after 31st March 1972 and before the date on which he became entitled to a retirement pension—

(a) the long-term pension under regulation F3,

(b) the short-term pension under regulation F4, and

shall be calculated in accordance with paragraph (2).

(2) Where paragraph (1) applies the references in regulations F3(2), F4(2) and F5(2) to the retirement pension are to be construed as references to the part of the pension which is attributable to the period of his membership in contracted-out employment after 5th April 1978.

Remarriage and cohabitation

F7

(1) Except where paragraph (2) applies, where a widower or widow would otherwise be entitled to a pension by virtue of this Part—

(a) he or she is not so entitled during any subsequent marriage or any period of cohabitation outside marriage, and

(b) he or she is so entitled from the end of any such marriage or period only if the appropriate administering authority in their discretion so decide.

(2) Where a widower and a widow who are each entitled to a pension under this Part marry each other or cohabit with each other outside marriage—

(a) only such one of them as they determine shall be entitled to his or her pension, and

(b) the other shall cease to be entitled to his or her pension until the marriage or cohabitation ends.

Widowers: requirement for post 5th April 1988 service and consequent adjustments to “retirement pension”

F8

(1) For the purpose of determining entitlement to a widower’s pension under regulations F3(1), F4(1) and F5(1), in those regulations—

“retirement pension” means a retirement pension of which at least part is attributable to a period of membership after 5th April 1988;

“local government employment” means local government employment of which at least part was employment after that date; and

“preserved benefits” means preserved benefits of which at least part are attributable to a period of membership after that date.

(2) For the purposes of calculating a widower’s short-term pension under regulation F4(2) or long-term pension under regulation F2(2), F3(2) or F5(2), in those regulations “retirement pension” means a retirement pension calculated—

(a) by reference to the length in years of the wife’s period of membership after that date; and

(b) if the widower was his wife’s husband at some time while she was in local government employment after 31st March 1972, by reference also to—

(i) the length in years of any period treated under paragraph (3) as a period of membership after 5th April 1988,

(ii) the length in years of any period of which notice is given in accordance with paragraph 1(1) of Schedule F1, and

(iii) the length in years of any period of membership in respect of which payment under regulation C14 has been or is treated as having been completed.

(3) For the purposes of paragraph (2)(b)(i) the following periods are to be treated as periods of membership after 5th April 1988, namely—

(a) membership which the deceased became entitled to count after that date by virtue of regulation D7(2),

(b) membership which the deceased was entitled to count under regulation C9 of or paragraph 5 of Schedule M4 (transitional provisions) to these regulations or regulation D4, D5 or D9 of the 1986 regulations where the necessary payment was made or commenced after that date.

(c) membership which the deceased was entitled to count by virtue of a resolution passed under regulation B16 or B17 of these regulations or regulation D7 of the 1986 regulations after that date,

(d) membership which is treated as membership after that date by virtue of paragraph 7 of Schedule M4 (transitional provisions) to these regulations or regulation D13(3) of the 1986 regulations.

(e) membership which the deceased was entitled to count under regulation K14 where the relevant transfer value—

(i) was not a transfer value to which paragraph 17(1)(b) of Schedule M4 (transitional provision in relation to interchange) applies, and

(ii) was accepted after that date.

Widowers: elections for added years etc.

F9

Schedule F1 shall have effect for the purpose of making provision as to elections by women members affecting their widowers' pensions.

Adjustments to pensions of surviving spouses of certain-employed pensioners

F10

The provisions of this Part have effect subject to Part IV of Schedule D5 (re-employed pensioners).

Contracting-out requirements: GMP rule

Surviving spouse’s guaranteed minimum pension

F11

(1) Where—

(a) the employment of a member in any local government employment is contracted-out employment; and

(b) the member has a guaranteed minimum under section 14 of the Pension Schemes Act 1993[^f00023] in relation to benefits under these regulations,

then, if the member dies at any time leaving a widow or widower, the widow or widower is entitled to a pension at a weekly rate equal to the widow’s or, as the case may be, the widower’s guaranteed minimum (within the meaning of section 17 of that Act minimum pensions for widows and widowers) during any period for which that section provides that a pension of not less than that amount is to be payable to the widow or, as the case may be, the widower (unless the widow or widower is entitled to a surviving spouse’s pension at a higher rate).

(2) The guaranteed minimum referred to in paragraph (1) shall, so far as it is attributable to earnings factors for the tax year 1988 89 or for subsequent tax years, be increased in accordance with the requirements of section 109 of the Pension Schemes Act 1993 (annual increase of guaranteed minimum pensions).

(3) Where this regulation applies it overrides any provision in these regulations to the extent to which it conflicts with it, except—

(a) regulation H4 (forfeiture of rights); and

(b) regulation H5 (commutation of small pensions).

PART G — CHILDREN'S PENSIONS

Preliminary

Meaning of “Child”

G1

For the purposes of these regulations “child” means a person who—

(a) has not attained the age of 17 years,

(b) has attained that age and has since been—

(i) receiving full-time education, or

(ii) undergoing a full-time course of training of not less than 2 year’s duration for a trade, profession or vocation,

either continuously or continuously with the exception of a period which the appropriate administering authority have in their discretion decided to disregard (on being satisfied that his education or training ought not to be regarded as completed), or

(i) before he attained that age, or

(ii) while receiving such full-time education or training, or

(iii) during a period which the authority have decided to disregard under paragraph (b).

Meaning of “eligible child”

G2

(1) For the purposes of these regulations a child is an eligible child of a deceased person who was in a local government employment when he died and was then a member or a former member, if he is—

(a) the deceased’s legitimate or adopted child,

(b) the deceased’s step-child or illegitimate child,

(d) a child accepted by the deceased as a member of the family,

and, in the case of a child within paragraph (b), (c) or (d), is wholly or mainly dependent on the deceased at the time of his death.

(2) For the purposes of these regulations a child is an eligible child of a person who has died after becoming entitled to a retirement pension if—

(a) he is a legitimate child of a marriage of the deceased which took place before the date on which he became entitled to the pension, and was born before the first anniversary of that date, or

(b) he is a child adopted by the deceased before he became entitled to the pension, or

(c) he is a child who was wholly or mainly dependent on the deceased both before he became entitled to the retirement pension and at the time of his death and is—

(i) the deceased’s step-child or illegitimate child,

(ii) an adopted child of a person who married the deceased before he became entitled to the pension, or

(iii) a child accepted by the deceased as a member of the family.

Death of a member

Member’s children’s long-term pension

G3

(1) Subject to paragraph (6), where a member dies leaving one or more eligible children, the eligible children are entitled until they cease to be children to or to the benefit of a children’s long-term pension payable from the member’s death.

(2) Subject to paragraph (5) and regulations G9 and G10, the annual amount of a children’s long-term pension is the appropriate fraction of the deceased person’s retirement pension.

(3) Subject to regulation G10, for the purposes of paragraph (2), “the appropriate fraction” means—

(a) if there is one eligible child and he is in the care of a surviving spouse of the deceased, one quarter;

(b) if there is one eligible child and he is not in such care, one third;

(i) half or more of them are in such care, or

(ii) fewer than half of them are in such care but a surviving spouse’s pension under Part F is for the time being payable, one half; and

(d) if there are two or more eligible children and fewer than half of them are in such care and no such surviving spouse’s pension is payable, two thirds;

but references in paragraphs (c) and (d) to a surviving spouse’s pension do not include a short-term pension under regulation F1 in circumstances where no long-term pension is payable under regulation F2.

(4) Subject to regulation G9, for the proposes of paragraph (2) the retirement pension of a member shall be taken to be the pension to which he would have become entitled if he had at the time of his death become entitled to a pension under regulation D7 (permanent ill-health, etc.) and on the relevant assumptions.

(5) In sub-paragraph (4) “the relevant assumptions” means that there is—

(a) no increase in the pension by virtue of regulation D2(2)(i), and

(b) no reduction in the pension under regulation D13 (early payments), regulation H2 (national insurance), or Part I of Schedule D5 (re-employed pensioners), or by virtue of a surrender under regulation D14.

(6) Where a children’s short-term pension—

(a) is payable under regulation G4, or

(b) would be so payable apart from regulation G8(2),

the children’s long-term pension does not become payable until the expiry of the period in respect of which that pension is payable under regulation G4 or, as the case may be, would be so payable apart from regulation G8(2) (but subject to regulation G8(3) and (4)).

Member’s children’s short-term pension

G4

(1) Subject to regulation G8, where a member dies leaving one or more eligible children, they are entitled to or to the benefit of a children’s short-term pension for 6 months after the death or, if less, until they cease to be children.

(2) Subject to regulation G8, the annual rate of a children’s short-term pension is the rate at which a surviving spouse’s short-term pension would have been payable by virtue of regulation F1.

Death of a deferred pensioner

Deferred pensioner’s children’s long-term pension

G5

(1) Where a person who is not a member dies leaving one or more eligible children and at the time of his death he—

(a) was entitled to preserved benefits, or

(b) was in a local government employment and would have been so entitled if he had ceased to hold that employment immediately before that time.

those children are entitled to or to the benefit of a children’s long-term pension until they cease to be children.

(2) Subject to regulations G9 and G10, the annual amount of a children’s long-term pension is the appropriate fraction (within the meaning of regulation G3(3)) of the deceased person’s retirement pension.

(3) Subject to regulation G9, for the purposes of paragraph (2) the retirement pension of a person shall be taken to be the retirement pension to which he would have become entitled if at the time of his death he had become entitled under regulation D5 (retirement on or after NRD) and on the relevant assumptions (within the meaning of regulation G3(5)).

Death of a pensioner

Pensioner’s children’s long-term pension

G6

(1) Subject to paragraph (4), where a person who—

(a) was entitled to receive payments in respect of a retirement pension (other than a pension sole entitlement to which is under regulation D17 or a pension under regulation D19), or

(b) would have been entitled but for regulation H6 (commutation in exceptional circumstances of ill-health) or Part I of Schedule D5 (re-employed pensioners),

dies leaving one or more eligible children, they are entitled until they cease to be children to or to the benefit of a children’s long-term pension payable from the death.

(2) Subject to regulations G9 and G10, the annual amount of a children’s long-term pension is the appropriate fraction (within the meaning of regulation G3(3)) of the deceased person’s retirement pension.

(3) Subject to regulation G9, for the purposes of paragraph (2) the retirement pension of a person who is entitled at the time of his death to receive payments in respect of a retirement pension (or would have been so entitled apart from regulation H6 or Part I of Schedule D5) shall be taken to be the retirement pension that would have been payable on the assumption that no payment under regulation H6 had been made and on the relevant assumptions (within the meaning of regulation G3(5)).

(4) In a case where a children’s short-term pension is payable under regulation G7, the children’s long-term pension does not become payable until the expiry of the period in respect of which that pension is payable under that regulation (or would be so payable if it were not for payment being suspended under regulation G8(2)).

Pensioner’s children’s short-term pension

G7

(1) Subject to regulation G8(2), where a person who—

(a) was entitled to receive payments in respect of a retirement pension (other than a pension sole entitlement to which is under regulation D17 or a pension under regulation D19), or

(b) would have been so entitled but for a payment under regulation H6 (commutation in exceptional circumstances of ill-health) or the operation of Part I of Schedule D5 (re-employed pensioners),

dies leaving one or more eligible children, they are entitled to or to the benefit of a children’s short-term pension for 6 months after the death.

(2) Subject to regulation G8(1), the annual rate of a children’s short-term pension is the rate at which a surviving spouse’s short-term pension would have been payable by virtue of regulation F4 (but, in a case where there is a widower, disregarding regulation F8(2)).

General provisions relating to children’s pensions

Limitations on entitlement to children’s short-term pensions

G8

(1) Where—

(a) a widow’s short-term pension is calculated in accordance with regulation F6(1) or a widower’s short-term pension is payable by virtue of regulation F1(1) or F4(1), and

(b) the child who is entitled to or to the benefit of a children’s short-term pension is in the care of the widow or widower,

the rate of the child’s short-term pension is reduced by the rate of the widow’s or widower’s pension.

(2) While—

(a) a widow’s short-term pension is payable under regulation F1(1) or F4(1);

(b) a widower’s short-term pension is payable under either of those regulations at a rate not less than that of the children’s short-term pension; or

(c) a widower’s short-term pension is payable under regulation F1(1) in circumstances where no long-term pension is payable under regulation F2(1),

a children’s short-term pension is not payable unless the child is not in the care of the widow or widower, and then for only three months after the death (or until he ceases to be a child, if sooner).

(3) Where—

(a) (apart from paragraph (2), or this paragraph, or paragraph (4)) a children’s short-term pension would be payable to or for the benefit of a child in the care of a parent to whom a surviving spouse’s short-term pension would be payable; and

(b) if a children’s long-term pension and a surviving spouse’s long-term pension were payable instead of those short-term pensions, that would result in a greater aggregate pension (having regard to paragraph (2)),

those long-term pensions shall be payable instead of those short-term pensions.

(4) Where—

(a) apart from paragraph (3) and this paragraph, a children’s short-term pension would be payable to or for the benefit of a child who is not in the care of a parent to whom a surviving spouse’s short-term pension is payable, and

(b) a children’s long-term pension would be greater,

the long-term pension shall be payable instead of the short-term pension.

Long-term pensions: increase of period of membership in certain cases

G9

Unless the retirement pension determined under regulation G3(4), G5(3) or G6(3) would be greater, the retirement pension of a deceased person shall be taken to be that to which he would have been entitled if he were entitled to count the lesser of—

(a) 10 years of membership; and

(b) the period of membership which he would have been entitled to count if he had continued to be a member until his 65th birthday.

Children over 17 in paid training

G10

(1) If a child in respect of whom a children’s long-term pension is payable has attained the age of 17 years and is receiving remuneration in respect of full-time training for a trade, profession or vocation at an annual rate in excess of the indexed training rate, then—

(a) the annual rate of the pension is to be reduced by the amount of the excess, or

(b) if it results in a smaller reduction, the child is to be disregarded for the purposes of calculating the pension.

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