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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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(i) the annual rate of that remuneration; and

(ii) the amount (if any) by which, immediately before the first day of the new employment, that remuneration would have been increased if it had been the rate of an official pension (within the meaning of the Pensions (Increase) Act 1971[^f00168]) beginning on and payable from the day after the last day of the former or, as the case may be, the concurrent employment; and

(b) “the potential receipts during the new employment” means the sum of—

(i) the annual rate of remuneration of the new employment;

(ii) the reduced rate of the retirement pension; and

(iii) the amount (if any) by which that reduced rate would, immediately before the first day of the new employment, have been increased under that Act, if it had then been the rate of the retirement pension (assuming that pension had by then qualified for increases under that Act).

5

(1) For the purposes of this Part of this Schedule, subject to sub-paragraph (2), the annual rate of remuneration of an employment is—

(a) if it is a former employment in respect of which the person is entitled to a retirement pension under these regulations, the 1974 regulations or the 1986 regulations—

(i) in the case of fixed-rate emoluments, the rate of any such emoluments on the last day of the period which is the relevant period for the purposes of regulation D1; and

(ii) in the case of fees, the average rate of any fees during the period by reference to which pensionable remuneration fell to be calculated under paragraph 9 of Schedule D1;

(b) if it is a former employment in respect of which the person is entitled to a retirement pension otherwise than as mentioned in paragraph (a)—

(i) in the case of fixed-rate emoluments, the rate of any such emoluments on the last day of employment; and

(ii) in the case of fees, the average rate of any fees during the period, within the last three years of employment, during which fees were receivable;

(i) in the case of fixed-rate emoluments, the annual rate of such emoluments on the first day of employment;

(ii) in the case where fees are receivable but were not receivable in the former employment, a rate agreed by the person and the body employing him or, in default of agreement, a rate determined by the Secretary of State;

(iii) in the case where fees are receivable and were receivable in the former employment, subject to sub-paragraph (3), the annual rate of those fees, ascertained in accordance with paragraphs (a)(ii) and (b)(ii).

(2) For the purposes of sub-paragraph (1)(a) and (b), where—

(a) the person’s remuneration in the former employment was at any material time reduced or discontinued by reason of his absence from duty; and

(b) the absence was due to illness or injury or he made contributions or payments under section 6(5) of the Act of 1937 or regulation C3 or C4 of the 1986 regulations or regulation C5, C6 or C7 of these regulations,

then—

(i) any reduction or discontinuance of fixed-rate emoluments is to be disregarded, and

(ii) any fees are to be averaged over a period of the same length as the period mentioned in paragraph (1)(a) or (b), but ending immediately before the reduction or discontinuance.

(3) If the annual rate of remuneration of the new employment ascertained in accordance with this paragraph is less than that of the former employment, the annual rate of any fees ascertained in accordance with paragraph (1)(c)(iii) is to be reduced proportionately.

Alteration of terms in new employment

6

If—

(a) the person’s contractual hours in a new employment are altered; or

(b) he is transferred to another post under the same employing body at a different remuneration,

this Part of this Schedule applies as if he had again entered a new employment.

Proportional reduction in cases of two or more pensions

7

If this Part of this Schedule applies to two or more retirement pensions, each is reduced in proportion to its amount.

Duty to inform employers of application of Part I

8

A person who has become entitled to a retirement pension shall—

(a) inform any LGPS employer with whom he proposes to accept a new employment that he is so entitled; and

(b) immediately he enters a new employment notify the body from whom he has become entitled to receive the pension in writing that he is doing so.

Modification of Part I for old cases

9

Where the new employment commenced before 6th January 1986, paragraph 2 has effect with the substitution for paragraph (b) of the following—

(b) otherwise, by the amount by which the indexed annual rate of remuneration of the former employment exceeds the annual rate of remuneration of the new employment

PART II — COMBINED BENEFITS

Election for application of Part II

10

(1) Subject to sub-paragraph (1) and paragraphs 11 and 15, where—

(a) a person has become entitled to a retirement pension (“the first pension”),

(b) after becoming so entitled he entered further employment which was or became local government employment, and

(c) he has ceased to hold the further employment and has become entitled in relation to it to a retirement pension (“the second pension”),

he may, by notice in writing to the authority which is the appropriate administering authority in relation to the second pension, given within three months after the date on which he became entitled to the second pension, elect that this Part of this Schedule is to apply to him.

(2) Sub-paragraph (1) does not apply if the first pension is a pension—

(a) to which the person became entitled under regulation D19, or

(b) which is reduced under regulation D13.

(3) In this Part of this Schedule “retirement pension” includes an annual pension under the former regulations and a retirement pension under the 1974 regulations or the 1986 regulations.

New entitlement to single pension

11

(1) Subject to paragraphs 12 to 14, a person to whom this Part of this Schedule applies is to be treated as having, on the date on which the second pension became or becomes payable—

(a) ceased to be entitled to the first pension and the second pension; and

(b) become instead entitled to payment of an annual retirement pension (“the annual pension”) and a lump sum payment (“the lump sum”) each calculated by reference to both his total period of membership in the further employment and the total period of membership taken into account in calculating the first pension.

(2) In sub-paragraph (1) “total period of membership” includes any period by reference to which an additional benefit has been granted under regulation E13 of the 1986 regulations or under regulation 13 of the Benefits regulations (both of which concern additional benefits for certain female nursing staff).

12

If in conjunction with the first pension the person was entitled to a retirement grant—

(a) in calculating the lump sum no account is to be taken of any additional period excluded in accordance with regulation D2(2)(ii) from the calculation of the retirement grant,

(b) if he has not received the grant before becoming entitled as mentioned in paragraph 11(1)(b), he ceases to be entitled to it,

(i) he is only entitled to payment of the excess, if any, of the lump sum over the retirement grant, and

(ii) if the retirement grant exceeds the lump sum, he is only entitled to the annual pension if, within three months after giving notice under paragraph 10, he pays an amount equal to the excess to the appropriate administering authority.

13

If—

(a) the first pension was, and

(b) the second pension would not have been,

subject to reduction under Part F of the 1974 regulations or regulation H2, the annual pension is subject to reduction by the same amount as the first pension.

14

If part of the first pension was surrendered under regulation D14—

(a) the annual pension is to be treated as having been surrendered to the same extent, and

(b) any resulting pension becoming payable on the person’s death is to be paid by the authority by whom the annual pension is payable.

15

In relation to a person who—

(a) before 1st April 1972—

(i) became entitled to a superannuation allowance under Part I of the Act of 1937 or to an annual pension under the former regulations, and

(ii) again became a contributory employee, and

(b) has not since he again became a contributory employee had a disqualifying break of service,

this Part has effect as if references to the first retirement pension were references to that superannuation allowance or annual pension and references to a retirement grant were references to a retirement grant under the former regulations.

PART III — SEPARATE BENEFITS

Application of Part III

16

(1) This Part of this Schedule applies to a person who—

(a) has become entitled to a retirement pension (a “previous pension”),

(b) after becoming so entitled entered further local government employment,

(c) has ceased to hold the further employment and has become entitled in relation to it to a retirement pension (an “additional pension”), and

(d) has not become entitled to the annual pension mentioned in Part II of this Schedule.

(2) In this Part “retirement pension” includes—

(a) a retirement pension under the 1974 regulations or the 1986 regulations,

(b) a superannuation allowance under Part I of the Act of 1937,

(d) a pension under a local Act scheme, and

(e) a short service grant under regulation 9 of the Benefits regulations.

Modifications to usual benefit rules

17

(1) If—

(a) on the person’s ceasing to hold an employment in relation to which he became entitled to a previous pension (a “previous employment”) regulation D7 applied, and

(b) he gave notice under paragraph 4 of Schedule 9 of the 1986 regulations,

regulation D7(2) does not apply on his ceasing to hold any further employment.

(2) If regulation D7 did not apply on the person’s ceasing to hold a previous employment, but does apply on his ceasing to hold a further employment, paragraph 2(1) of Schedule D3 applies with the substitution for paragraphs (a) and (b) of the words “6²⁴³/₃₆₅ years”.

Benefits on and after death

18

(1) Subject to sub-paragraph (2), if when the person dies regulation E3(2) applies, it applies with the omission of the words from “the greater of” to the end of paragraph (a).

(2) If the person who dies became entitled to a previous pension or to an additional pension—

(a) by virtue of regulation D9, in a case where there was no entitlement under any previous regulation of Part D,

(b) by virtue of regulation D11, or

then—

(i) if his previous and additional pension benefits equal or exceed his relevant previous or additional pensionable remuneration, there is no entitlement under Part E to a death grant in relation to the further employment, and

(ii) otherwise, the amount of the death grant (as calculated in accordance with that Part) is reduced by the amount, if any, by which it exceeds the difference between the amount of those benefits and that remuneration.

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

(a) a person’s “previous and additional pension benefits” are the total of—

(i) every death grant payable in relation to any previous employment, calculated in accordance with Part E,

(ii) payments made in respect of every previous pension,

(iii) every retirement grant to which the person became entitled in conjunction with any previous pension,

(iv) any payments made in respect of the additional pension, and

(v) any retirement grant to which the person became entitled in conjunction with the additional pension,

including in each case any increase under the Pensions (Increase) Act 1971[^f00169] and the Pensions (Increase) Act 1974[^f00170], and

(b) a person’s “relevant previous or additional pensionable remuneration” is the greater of—

(i) the aggregate obtained by taking for each previous pension the amount of the pensionable remuneration by reference to which it was calculated and the amount by which that amount would have been increased if it had been the rate of an official pension (within the meaning of the Pensions (Increase) Act 1971) beginning on and payable from the day after the last day of the relevant previous employment, and

(ii) the amount of the pensionable remuneration by reference to which the additional pension was calculated.

PART IV — SURVIVING SPOUSES' AND CHILDREN'S BENEFITS

19

(1) This paragraph applies where—

(a) a person was entitled to a retirement pension (other than one which was reduced under regulation D13),

(b) after becoming so entitled he entered further local government employment,

(d) if he had then ceased to be employed (otherwise than by reason of his death) he would have been entitled to give notice under paragraph 10.

(2) Where this paragraph applies—

(a) any benefits payable in respect of the person (except any surviving spouse’s or children’s short-term pension) are to be calculated, and

(b) any surrender of part of a retirement pension has effect,

as if immediately before his death he had become entitled to benefits under Part II of this Schedule or, if it is more favourable to the person entitled to receive the benefits in question, Part III of this Schedule.

20

Where—

(a) a person was entitled to a superannuation allowance under Part I of the Act of 1937 or an annual pension under the former regulations or a pension under a local Act scheme, or a retirement pension under the 1974 regulations, the 1986 regulations or these regulations,

(b) after becoming so entitled he entered further local government employment,

(d) he dies in the further employment,

any benefits payable in respect of him (except any surviving spouse’s or children’s short-term pension) are to be calculated as if immediately before his death he had become entitled to benefits under Part III of this Schedule.

21

(1) Where—

(a) a surviving spouse is entitled to a spouse’s short-term pension under regulation F1,

(b) if the deceased had ceased to hold his employment on the date of his death (otherwise than by reason of death), he would have been entitled to a retirement pension under Part D (whether or not payable immediately), and

then the annual rate of the short-term pension is a rate equal—

(i) if the retirement pension was not reduced under Part I, to the total of the spouse’s pensionable remuneration in the new employment and the annual rate of the retirement pension, or

(ii) if the retirement pension was so reduced, to the total of the spouse’s pensionable remuneration in the new employment and the annual rate, if any, at which the retirement pension was payable.

(2) So far as it is attributable to remuneration in the new employment, that spouse’s short-term pension is payable by the new administering authority, and, so far as it is not so attributable, by the former administering authority (if different).

21

(1) Where—

(a) a surviving spouse is entitled to a spouse’s long-term pension under regulation F2, and

(b) the deceased’s local government employment was a new employment for the purposes of Part I,

then the annual rate of the long-term pension is the greater of—

(i) the aggregate of—

(I) half the annual rate of the member’s retirement pension, and

(II) half the annual rate of the retirement pension to which the member would have ben entitled in respect of the new employment if on the date of death the member had become entitled under regulation D7, and

(ii) half the annual rate of the retirement pension to which the member would have been entitled if—

(I) on the date of death the spouse had become entitled under that regulation, and

(II) notice had been given under paragraph 10.

(2) That spouse’s long-term pension is payable—

(a) in the case mentioned in paragraph (i)—

(i) so far as it is attributable to remuneration in the new employment, by the new administering authority, and

(ii) so far as it is not so attributable, by the former administering authority (if different), and

(b) in the case mentioned in paragraph (ii),as if it were a pension under Part II.

(3) For the purposes of sub-paragraph (1)—

(a) any increase in the deceased’s retirement pension under regulation D2(2), and

(b) any reduction in that pension under regulation H2(1), or by virtue of a surrender under regulation D14,

shall be disregarded.

SCHEDULE D6 — REDUCTION OF RETIREMENT PENSIONS OF CERTAIN FORMER TEACHERS

Preliminary

1

In this Schedule—

“the Teachers' Acts” means section 9 of the Superannuation Act 1972[^f00171]and the Teachers (Superannuation) Acts 1918 to 1945,

“the Teachers' regulations” means the Teachers' Superannuation (Consolidation) Regulations 1988[^f00172], the Teachers' Superannuation Regulations 1967 to 1974, and the Teachers' Superannuation Regulations 1976[^f00173].

Deduction for teachers' pension payments

2

(1) Where a person becomes entitled to a retirement pension in the calculation of the amount of which account is taken of service which he was entitled to count under section 17 of the Act of 1937 (which related to teachers), the amount receivable by him in any year in respect of that pension shall be reduced by a sum equivalent to the amount (if any) of his potential pension payment as a teacher.

(2) For the purpose of paragraph (1), in relation to any year, a person’s potential pension payment as a teacher is the aggregate of—

(a) the amount which is receivable by him in that year by virtue of the Teachers' Acts, and

(b) the sums (if any) payable to him in that year under the Teachers' regulations.

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

(a) any deduction from the amount mentioned in paragraph (a) made by the Secretary of State under section 76 of the Teachers (Superannuation) Act 1925[^f00174], and

(b) any deduction from the sums mentioned in paragraph (b) made under regulation 52 of the Teachers' Superannuation Regulations 1967[^f00175] or regulation 77 of the Teachers' Superannuation Regulations 1976, or regulation E9 of the Teachers' Superannuation (Consolidation) Regulations 1988,

shall be disregarded.

Treatment of capital sums and returns of contributions

3

(1) Subject to paragraph 4, where any sum in the nature of a capital payment has been paid or is payable at any time under the Teachers' Acts or the Teachers' regulations, then in computing the reduction to be made under paragraph 2(1)—

(a) the amount of that sum shall be divided by the appropriate factor, and

(b) the resulting amount shall be treated as a sum receivable by him in any year by virtue of the Teachers' Acts or the Teachers' regulations.

(2) Subject to paragraph 4, where any sum which represents a return of contributions in respect of a period of service which has been taken into account in calculating the amount of the retirement pension, has been paid or is payable at any time under the Teachers' Acts or the Teachers' regulations, then in computing the reduction to be made in a person’s retirement pension under paragraph 2(1)—

(a) the amount which he has become entitled to be repaid at the date on which he became entitled to the pension shall be divided by the appropriate factor,

(b) the amount representing any balance of his contributions under the Teachers' Acts or the Teachers' regulations which he may become entitled to be repaid after that date shall be divided by the appropriate factor, and

(c) any amount resulting from the division under paragraph (a) or (b) shall be treated as a sum receivable by him by virtue of the Teachers' Acts or payable to him by virtue of the Teachers' regulations in any year.

(3) In this paragraph “the appropriate factor” in relation to any person means the factor shown in the following Table—

(a) in relation to the sex of the person,

(b) in relation to his age at the relevant date; and

(i) in the circumstances mentioned in regulation D7(1), or

(ii) in the circumstances mentioned in regulation D5, D6, D9 or D11;

and the factors for the case mentioned in paragraph (c)(i) are shown in the column marked “A”, and those for the cases mentioned in paragraph (c)(ii) are shown in the column marked “B”.

(4) In sub-paragraph (3) “the relevant date” means—

(a) in relation to sub-paragraph (1), the date on which the sum was paid or becomes payable,

(b) in relation to sub-paragraph (2)(a), the date on which he became entitled to the retirement pension, and

(c) in relation to sub-paragraph (2)(b), the date on which he becomes entitled to be repaid the balance of his contributions.

Age	Factor	Factor
	Men	Men
	A	B
			Women	Women
			A	B
Under 60 years	10	—	12.5	—
60 years but under 61 years	10	11.6	12.5	13.4
61 years but under 62 years	10	11.2	12.5	13
62 years but under 63 years	10	10.8	12.5	12.5
63 years but under 64 years	10	10.4	12.1	12.1
64 years but under 65 years	10	10	11.7	11.7
65 years but under 66 years	9.7	9.7	11.2	11.2
66 years but under 67 years	9.3	9.3	10.8	10.8
67 years but under 68 years	8.9	8.9	10.3	10.3
68 years but under 69 years	8.5	8.5	9.9	9.9
69 years but under 70 years	8.1	8.1	9.5	9.5
70 years but under 71 years	7.7	7.7	9	9

4

(1) If—

(a) after paragraph 3(2) has become applicable in relation to any person a superannuation allowance under the Teachers' regulations is granted to him, and

(b) the aggregate amount of the deductions made from his retirement pension by reason of the previous operation of that paragraph is less than the amount granted to him by way of lump sum under the Teachers' Acts or the Teachers' regulations,

then—

(i) for the purpose of the application of paragraph 3(1), the amount so granted shall be deemed to be the difference between that amount and the aggregate amount mentioned in paragraph (b), and

(ii) paragraph 3(2) shall cease to have any further effect in relation to him.

5

(1) If, after paragraph 3(2) has become applicable in relation to any person, a repayment of the amount representing the balance of the person’s contributions under the Teachers' Acts or the Teachers' regulations is made to him, then for the purpose of computing the reduction to be made in his retirement pension in any year under paragraph 2(1)—

(a) in respect of the amount so repaid, paragraph 3(2) shall continue to apply in the same manner as it previously applied in relation to him, and

(b) no further account shall be taken of that amount.

6

In determining for the purpose of paragraph 2(1) any person’s potential payment as a teacher in any year, the surrender by him, in accordance with regulation E11 of the Teachers' Superannuation (Consolidation) Regulations 1988, Part VI of the Teachers' Superannuation Regulations 1967 or Part III of the Teachers' Superannuation Regulations 1976, of the whole or part of the annual sum payable to him by way of retirement pension shall be disregarded.

7

Any reference in this Schedule to the date on which a person becomes entitled to a retirement pension shall be construed, in relation to a person who ceased to be employed in the circumstances mentioned in regulation D9(2) or D11(1), as a reference to the date on which he becomes entitled to receive payments in respect of that pension.

SCHEDULE F1 — ELECTIONS AS RESPECTS WIDOWERS' PENSIONS ETC.

1

(1) A married woman who—

(a) was a member on 27th July 1989 and has since that date continuously been a member, and

(b) is entitled to count a period of membership before 6th April 1988,

may, subject to sub-paragraph (3) and in accordance with sub-paragraph (4), give notice in writing to the appropriate administering authority of any additional period which she wishes to count for the purposes of calculating any widower’s long-term pension payable in respect of her.

(2) For the purposes of sub-paragraph (1), the reference to a woman having continuously been a member includes a reference to a woman who, having ceased to be a member—

(a) became or becomes a member again within one month of so ceasing, or

(b) became or becomes a member again within one month of returning to work in accordance with section 39 or 41 of the Employment Protection (Consolidation) Act 1978[^f00176] (which confer the right to return to work following pregnancy or confinement).

(3) The additional period of which notice may be given by a woman under sub-paragraph (1) shall not exceed the length of her period of membership which is not, or is not treated for the purposes of regulation F8(3) as being, membership after 5th April 1988.

(4) Notice under sub-paragraph (1) shall be given not later than—

(a) 12 months after the date of her marriage, or

(b) if her husband becomes permanently incapacitated by reason of ill-health or infirmity of mind or body and wholly or mainly dependent on her, 12 months after a medical certificate to that effect is submitted to the appropriate administering authority,

whichever is the later.

(5) The appropriate administering authority may extend either of the time limits referred to in sub-paragraph (4).

(6) Notice given under sub-paragraph (1) shall be irrevocable, but, subject to the provisions of this paragraph, notice may be given on more than one occasion.

(7) Where any person duly gave notice under regulation E6(7) of the 1986 regulations that notice shall be taken for the purposes of these regulations to have been duly given under sub-paragraph (1).

Elections under regulation E12 of the 1986 regulations

2

(1) Where any woman—

(a) duly elected under regulation E12(1)(b) or (2)(b) of the 1986 regulations (election by wife of dependant and permanently incapacitated husband), or

(b) was a person to whom regulation E12(1)(a) of those regulations (unmarried woman with potentially eligible child) applied immediately before she ceased to be a pensionable employee (within the meaning of those regulations),

then, subject to sub-paragraph (2), the provisions of Part D relating to the amount of the retirement pension and the retirement grant, Parts F and G and paragraph 3 or Schedule B6 apply in relation to her as if she were a man, and where paragraph (a) applies, as if the husband in relation to whom the election was made were a woman.

(2) Paragraph (1) does not apply if—

(a) the woman has given notice under paragraph 1(1) that she wishes to count any of her membership before 6th April 1988 for the purposes of calculating a widower’s long-term pension, or

(b) if she ceases to be married to the husband in respect of whom the election under regulation E12(1) or (2)(b) of the 1986 regulations was made.

3

Where a woman died before 6th April 1988, Part G only applies in respect of her if—

(a) she was a person to whom regulation E12(1)(a) of the 1986 regulations (unmarried woman with potentially eligible child) applied, or

(b) in respect of whom an election under regulation E12(1)(b) or (2)(b) had effect immediately before her death.

SCHEDULE H1 — MODIFICATIONS AS RESPECTS CERTAIN PRE APRIL 1974 EMPLOYEES

PART I — WHERE NO RIGHT TO RETIREMENT GRANT

1

In regulation D2—

(a) in paragraph (1)(a), for the words “one eightieth” substitute “one sixtieth”, and

(b) omit paragraphs (2) and (3).

2

In regulations D5, D6(1) and D7(1)—

(a) omit paragraph (ii),

(b) in both those regulations omit the word “and” immediately preceding the omitted paragraph, and

3

In regulation D9(1) omit paragraph (b) and the word “and” immediately preceding it, and for the words “which are” substitute “which is”.

4

In regulation D11(1) omit the words “and a standard retirement grant”.

5

In regulation E3—

(a) in paragraph (1)(a) after “pension” insert “(other than a pension under regulation D19)”;

(b) in paragraph (2) for the words from “reduced” onwards substitute

reduced— by the total of any payments made to him in respect of retirement pension, or where the pension was reduced under Schedule D5 (re-employed pensioners) or had been surrendered in part under regulation D14, by the amount which would have been paid in respect of the pension but for the reduction or surrender.

6

Omit Schedule D2.

7

In Part III of Schedule D5 (re-employed pensioners: separate benefits) omit paragraph 18(3)(a)(iii) and (iv).

PART II — WHERE NO RIGHT TO WIDOW'S PENSION

8

In regulation E3(2) omit the words from “reduced” onwards.

9

Omit Schedule D2.

PART III — WHERE NO RIGHT TO RETIREMENT GRANT OR WIDOW'S PENSION

10

In regulations E1(2) and E2(2) omit the words from “less” onwards.

11

For regulations E3 and E4 substitute—

(E3) (1) If at the time of his death a person— (a) was entitled to receive payments in respect of a retirement pension, 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 death grant. (2) Where the deceased became entitled to the retirement pension otherwise than by virtue of becoming entitled to preserved benefits under 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 would, apart from any reduction under Schedule D5 (re-employed pensioners), or regulation H2 (national insurance modification) or partial surrender under regulation D14, have been made to him in respect of retirement pension. (3) Where the deceased became entitled to the retirement pension by virtue of becoming entitled to preserved benefits under regulation D9 or D11, the amount of the death grant is the greater of— (a) the amount mentioned in paragraph (2)(b) less the total of the sums mentioned in paragraph (2)(i) and (ii), and (b) such proportion of the deceased’s pensionable remuneration (less the total of those sums) 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.

12

Omit regulation E5.

13

In regulation F2—

(a) in paragraph (1) for “spouse” and “spouses”, wherever they occur, substitute respectively “widow” and “widows”;

(b) in paragraph (2) for the words following “the annual rate of long-term pension is” substitute

the aggregate of— one four hundred and eightieth of her husband’s pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of the period of his membership after 31st March 1972.

(3) For the purpose of calculating the rate of the pension under paragraph (2), no account shall be taken of membership before attaining the age of 60 years beyond a total of 40 years, and any period of membership which is accordingly to be left out of account shall be taken from the beginning of the husband’s period of membership.

14

In regulation F3—

(a) in paragraph (1) for “spouse” and “spouses”, wherever they occur, substitute respectively “widow” and “widows”;

(b) for paragraph (2) substitute—

(2) The annual rate of the long-term pension to which a widow is entitled under paragraph (1) is the aggregate of— (a) one four hundred and eightieth of her husband’s pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and (b) one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of the period of his membership after 31st March 1972. (3) For the purpose of calculating the rate of the pension under paragraph (2), no account shall be taken of membership before attaining the age of 60 years beyond a total of 40 years, and any period of membership which is accordingly to be left out of account shall be taken from the beginning of the husband’s period of membership.

15

In regulation F5—

(a) in paragraph (1) for “spouse” and “spouses”, wherever they occur, substitute respectively “widow” and “widows”;

(b) in paragraph (2) for the words following “the annual rate of the long-term pension is” substitute

the aggregate of— one four hundred and eightieth of her husband’s pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of the period of his membership after 31st March 1972.

(3) For the purpose of calculating the rate of the pension under paragraph (2), no account shall be taken of membership before attaining the age of 60 years beyond a total of 40 years, and any period of membership which is accordingly to be left out of account shall be taken from the beginning of the husband’s period of membership.

16

Omit regulations F6(2) and F8(2) and (3).

17

Omit regulations G3, G5 and G6.

18

In regulation G7(1)(a) omit “(or pension under regulation D19)”.

SCHEDULE K1 — REVIVAL OF RIGHTS FOR CERTAIN COMMUNITY SCHEME TRANSFEREES

Persons to whom this Schedule applies

1

(1) This Schedule applies where—

(a) a person became employed by a Community institution after having been employed in local government employment,

(b) the scheme managers of the Communities' scheme were paid a transfer value under regulation K2 in relation to his previous service in local government employment,

(c) he ceased to be employed in his employment with the Community institution without the right to an immediate or prospective pension, and

(d) his fund authority have been paid the appropriate transfer sum for the credit of their pension fund.

(2) In this paragraph “Community institution” includes a body treated as one of the Communities' institutions for the purposes of the Communities' scheme.

(3) In sub-paragraph (1)(d) “appropriate transfer sum” means the aggregate—

(a) of a sum equal to the amount of the transfer value which the scheme managers received, and

(b) if the period beginning with the date on which the transfer value was received by the scheme managers and ending on that date on which the sum mentioned in paragraph (a) was paid is at least six months, of compound interest on that sum for that period—

(i) at the rate of 6 per cent. with yearly rests for each complete period of a year ending before 1st April 1977, and

(ii) at the rate of 2.25 per cent. with three-monthly rests for each complete period of three months beginning after 31st March 1977.

Persons who ceased local government employment before April 1972

2

(1) Where the person ceased to be employed in his local government employment before 31st March 1972, he and those claiming through him shall, subject to sub-paragraph (2), have the same rights as they would have had by virtue of the Acts of 1937 to 1953 and the regulations made under those Acts, the former regulations, any local Act scheme, the 1974 regulations, the 1986 regulations and these regulations (so far as applicable) if—

(a) he had reached the age of 65 by the termination of his local government employment;

(b) he had sufficient service at that time to qualify him for a pension; and

(2) Sub-paragraph (1) shall not confer any right to—

(a) a return of contributions; or

(b) the payment of any benefit for any period ending on or before—

(i) the date on which he left his employment with the Community institution, or

(ii) if later, the earliest date on which any benefit would have been payable if he had left his local government employment with the right to a retirement pension under regulation D11 (entitlement to deferred retirement benefits).

Persons who ceased local government employment after March 1972

3

Where—

(a) the person ceased to be employed in his local government employment on or after 31st March 1972; and

(b) apart from regulations K2 to K11, he would have been entitled to a pension (other than a pension under regulation D17 (guaranteed minimum pensions for members in contracted-out employment etc.) or D19 (eq uivalent pension benefits)) in respect of the service to which the transfer value relates,

then, subject to paragraph 5, he and those claiming through him shall have the same rights as they would have had by virtue of these regulations, the 1986 regulations, the 1974 regulations and any local Act scheme (so far as applicable) if the payment of the transfer value had not been requested or made.

4

(1) Where—

(a) the person ceased to be employed in his local government employment on or after 31st March 1972; and

(b) he would not, apart from regulations K2 to K11, have been entitled to a pension (other than a pension under regulation D17 (guaranteed minimum pensions for members in contracted-out employment etc.) or regulation D19 (equivalent pension benefits) in respect of the service to which the transfer value relates,

(2) The assumptions referred to in sub-paragraphs (1) are—

(a) that on the termination of his local government employment he had been entitled to count—

(i) where the termination occurred before 6th April 1988, an aggregate of five years' reckonable service and qualifying service (as defined in the 1986 regulations), or

(ii) where the termination occurred on or after 6th April 1988 and before the commencement date, an aggregate of two years' reckonable service and qualifying service (as so defined), or

(iii) where the termination occurred on or after the commencement date, a total period of membership of 2 years, or

(iv) if he was subject to a local Act scheme, five years' service which would have been taken into account under the scheme for the purpose of determining whether he was entitled to benefit and

(b) that the payment of the transfer value had not been requested or made.

5

Paragraphs 3 and 4 shall not confer any right to—

(a) a return of contributions, or

(b) the payment of any benefit for any period ending on or before the ate on which the person left his employment with the Community institution.

Interpretation of references those claiming through a person

6

For the purposes of this Schedule references to those claiming through a person shall be construed as references to his spouse, dependants, children and personal representatives, so far as is appropriate in his particular case.

SCHEDULE M1 — EMPLOYEES AFFECTED BY REORGANISATION UNDER LOCAL GOVERNMENT ACTS ETC.

Preliminary

1

In this Schedule, unless the context otherwise requires—

“Health Service regulations” means the National Health Service (Superannuation) Regulations 1961 to 1973[^f00177] as in force immediately before 1st April 1974;

“transferred employee” means— a person transferred on or after 1st April 1974— by or under an order made under section 84 of the London Government Act 1963[^f00178] or an agreement made under section 24(7) of that Act; or by virtue of a scheme made under Part I of the Police Act 1964[^f00179]; or by the operation of the Public Libraries and Museums Act 1964[^f00180]; or by or under an order made under section 17 of the Transport Act 1968[^f00181]; or by or under an order made under section 46 of the Children and Young Persons Act 1969[^f00182]; or by or under an order or regulations made under the Local Government Act 1972[^f00183] which, in accordance with the provisions of section 255 of that Act, contains a provision as to the transfer of that person; or by regulation 5 of and Schedule 1 to the Valuation and Community Charge Tribunals (Transfer of Jurisdiction) Regulations 1989[^f00184]; any person appointed by a local authority, or the National Water Council or a water authority (within the meaning of the Water Act 1973[^f00185] to hold any office or employment before or as from 1st April 1974 who, but for the appointment, would have been transferred on that day under section 255 of the Local Government Act 1972; and any person who on 1st April 1974 remained in the employment of the same body as immediately before that day but who, in consequence of the Local Government Act 1972, or anything done under that Act, or of the 1974 regulations, became on that day entitled to participate in the benefits of a superannuation fund maintained under those regulations by a body different from the body which maintained the superannuation fund in the benefits of which he was immediately before t hat day entitled to participate;

“new employment” means employment to which a person has been so transferred or appointed;

“new employing body” means the body which has become the employing authority in relation to a person so transferred or appointed; and, in relation to a person so appointed, his taking up of the office or employment to which he was appointed shall for the purpose of this Schedule be deemed to be a transfer.

Continuity of employment and preservation of status

2

(1) Subject to sub-paragraph (2)—

(a) these regulations have effect, in relation to a transferred employee, as if his new employment and his former employment had been one continuous employment, and

(b) notwithstanding anything in these regulations, a transferred employee who is transferred after 28th February 1986 and was a member immediately before the date on which he is transferred continues to be a member in his new employment.

(2) Sub-paragraph (1) does not affect the operation of paragraph 3 or of regulations K20 to K22.

Discretionary powers

3

(1) Where—

(a) a transferred employee has continued in the employment of his new employing body,

(b) immediately before he was transferred (whether before or after the commencement date) it was the prevailing practice of the body employing him, in relation to employees of that description, to exercise so as to secure the payment of, or of an increase in, allowances or pensions any discretionary power exercisable by them by virtue of any enactment relating to pensions, and

the new employing body shall exercise the power in a way which is not less beneficial than the general character of that practice.

(2) Where—

(a) in consequence of regulation 3(1) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986[^f00186] a discretionary power becomes exercisable by any body; and

(b) it was the prevailing practice of the Greater London Council or, as the case may be, the metropolitan county council, to exercise that power in a way that was beneficial to employees,

the body shall exercise the power in a way which is not less beneficial than the general character of that practice.

Contributions of transferred manual workers

4

A transferred employee who immediately before he was transferred (whether before or after the commencement date) was paying contributions at a rate appropriate to a manual worker shall continue to contribute at the same rate so long as he continues to be employed by his new employing body on duties reasonably comparable to those on which he was engaged immediately before he was transferred.

Former employees of Manchester Corporation

5

(1) Where a transferred employee—

(a) was immediately before he was transferred a contributor to the Manchester pension fund, and

(b) has continued in the employment of his new employing body,

these regulations have effect in relation to him, so long as he continues in the employment of that body, as if for any reference to an expression in column (1) of the following Table (which lists certain expressions used in these regulations) there were substituted a reference to the expression appearing opposite it in column (2).

1 The Acts of 1937 to 1953, or the regulations made under them. The Acts of 1937 to 1953, or the regulations made under them, applying as amended or extended by any local Act or scheme or together with any such provisions.	The Manchester pension provisions.
2 The appropriate superannuation fund within the meaning of the Act of 1937. A superannuation fund maintained under Part 1 of the Act 1937.	The Manchester pension fund.
3 Contributory employee.	Contributor to the Manchester pension fund.
4 a Contributing service, and b Non-contributing service, for the purposes of the former regulations.	Service for purposes of the Manchester pension provisions.
5 The former regulations	The Manchester pension provisions.
6 A provision in the former regulations.	The corresponding or similar provision in the Manchester pension provisions.

(2) In this paragraph—

“the Manchester pension fund” means the pension fund maintained immediately before 1st April 1974 by the Manchester City Council for the officers and servants of the Manchester Corporation; and

“the Manchester pension provisions” means the provisions of the enactments, and of the schemes and other instruments in force under them immediately before 1st April 1974, relating to the Manchester pension fund (including the provisions of the Acts of 1937 to 1953 and of any relevant instruments under them so far as applicable to that fund).

Transferees under section 18(4)(a) of the National Health Service Reorganisation Act 1973

6

(1) Subject to sub-paragraphs (3) and (4), where a person who was transferred to the employment of a LGPS employer (“the new employment”) by or under an order made under section 18(4)(a) of the National Health Service Reorganisation Act 1973[^f00187], was immediately before that transfer in an employment (“the old employment”) in which he was an officer (within the meaning of the Health Service regulations), then—

(a) subject to sub-paragraph (3), he is entitled to count—

(i) as a period of membership any service which for the purposes of the Health Service regulations he was entitled to count in relation to the old employment as, or as a period of, contributing service, and

(ii) as a period to which Part II of Schedule B6 applies any service which for the purposes of those regulations he was entitled to count in relation to that employment for the purpose of determining whether he was entitled to a benefit under those regulations, but for no other purpose, and

(b) where immediately before he was transferred he was in the process of making payments which were or were deemed to be payments under Schedule 2 to the Health Service regulations, he is entitled—

(i) to make the outstanding payments as if they had been instalments of an amount payable under regulation D6 of the 1974 regulations, and

(ii) if he completes the payments in the manner provided in Schedule 6 to the 1986 regulations (as continued in effect by paragraph 9 of Schedule C6), to have the membership in respect of which they were made counted for all the purposes of these regulations at its full length, and

(c) where immediately before he was transferred he was in the process of making payments in respect of added years, he is entitled—

(i) to make the outstanding payments as if they had been payments of an amount payable under regulation D10 of the 1974 regulations, and

(ii) in respect of the added years in respect of which those payments are made, shall enjoy rights and be subject to liabilities as if those years were added years which may be counted under paragraph 2 of Schedule C6 in the new employment.

(2) For the purposes of sub-paragraph (1)(a)—

(a) any period of part-time service shall be treated as though it was whole-time service for a proportionately reduced period, and

(b) except for the purpose of—

(i) determining whether a person is entitled to, or to payment of, a benefit, or

(ii) ascertaining, where notice was given under Schedule 2 to the Benefits regulations or regulation D6 or D7 of the 1974 regulations, the maximum length of any additional period to which regulation C9 applies,

any service which was reckonable under the Health Service regulations for all purposes (other than for the purpose of determining whether any benefit was payable) as a period of contributing service at half its length shall, subject to sub-paragraph (1)(b), be counted at half its length.

(3) Where immediately before he was transferred such a person as is mentioned in sub-paragraph (1) was a person in respect of whom the Secretary of State—

(a) paid contributions under regulation 45 of the Health Service regulations (persons subject to non-statutory superannuation schemes and arrangements), or

(b) carried out any such scheme or arrangements as are referred to in that regulation,

then, that person shall not be subject to any provisions of these regulations except those contained in this sub-paragraph, and the body to which that person was transferred shall—

(i) if immediately before 1st April 1974 the Secretary of State was paying under regulation 45 of the Health Service regulations in respect of that person the contributions authorised or required by the relevant scheme to be paid by the employer, pay those contributions, and

(ii) deduct from the person’s remuneration the amount of any contribution required by the scheme or under the arrangements to be paid to the employee.

(4) In relation to a person who gave notice under regulation J17(3)(e) of the 1974 regulations that he did not wish to avail himself of the benefits provided under those regulations and to whom regulation H6(5) applied immediately before the commencement date—

(a) sub-paragraphs (1) and (2) do not apply, and

(b) these regulations have effect as if they conferred on him rights corresponding with those which he would have enjoyed if he had remained subject to the provisions of the Health Service regulations, and continue so to apply so long as he is employed without a disqualifying break of service by a LGPS employer on duties reasonably comparable to those on which he was engaged immediately before he was transferred.

(5) Notwithstanding anything in sub-paragraph (4), where that sub-paragraph applies—

(a) paragraph 8 of Schedule B6 has effect as if—

(i) references to a period to which Part II of that Schedule applies included references to periods of service which count for the purpose of determining whether any benefit is payable,

(ii) in sub-paragraph (3), the reference to regulation D8 included a reference to regulation 8(1)(a)(iv) of the Health Service regulations, and

(iii) “retirement pension” included a pension payable by virtue of sub-paragraph (4), and

(b) Part I of Schedule D5 (re-employed pensioners) has effect in lieu of regulation 39 of the Health Service regulations and as if—

(i) “retirement pension” included a pension payable by virtue of that sub-paragraph, and

(ii) for the purpose of ascertaining the remuneration of a former employment, entitlement to such a pension were not an entitlement under these regulations, the 1986 regulations or the 1974 regulations, and

Transfers under the Local Government Act 1985 meaning of “previous fund authority”

7

Where the previous fund authority for the purposes of regulation K20 has ceased to exist and the relevant pension fund is vested by section 60(1) or under section 66 of the Local Government Act 1985[^f00188] in any body, that body is to be treated as being the previous fund authority.

SCHEDULE M2 — MODIFICATION IN SPECIAL CASES

Preliminary

1

(1) References in this Schedule to these regulations applying to a person with the age 70 modification mean that in their application to that person they have effect—

(a) as if in paragraph (3) of regulation B2 (latest retirement age and LRD) for the reference to 65 there was substituted a reference to 70 or any lesser age (not being less than 65) at which the person reaches the maximum referred to in paragraph (6) of that regulation; and

(b) as if in Schedule D3 (additional membership in cases of ill-health) for “65”, wherever it occurs, there was substituted “70”.

(2) References in this Schedule to a relevant decision are to a decision made under—

(a) regulation B16 (increase of membership at discretion of employing authority),

(b) regulation C21(4) (return of contributions in case of offence etc. in connection with employment), or

Employees of magistrates' courts committees

2

(1) In their application to a person employed by a magistrates' courts committee these regulations have effect—

(a) subject to the modifications in sub-paragraphs (2) to (7), and

(b) in the case of a justices' clerk (outside the inner London area), subject also to the age 70 modification.

(2) Where—

(a) a person is employed by two or more magistrates' courts committees, and

(b) any of the employments is an employment for which he does not receive separate remuneration,

his remuneration for that employment is—

(i) where the remuneration for more than one employment is paid by the same body, such part of his total remuneration for those employments as may be agreed between him and the body, or, in default of agreement, determined by the Secretary of State; or

(ii) otherwise, that part of his total remuneration which is paid by the body responsible for defraying the expenses of the employing committee.

(3) Without prejudice to regulation B5(1), a person who holds two or more clerkships under a magistrates' courts committee or is employed by a magistrates' courts committee to assist a justices' clerk or clerks in two or more clerkships shall be deemed for the purposes of these regulations (except regulation C1) to be in separate employments under separate LGPS employers as respects any clerkships for which the remuneration is paid by different bodies.

(4) Regulation C26 (statement of remuneration received otherwise than from employing authority) does not apply.

(5) The body paying the person’s remuneration are to be treated—

(a) as his employing authority for the purposes of regulation C25 (deduction and recovery of contributions) and regulation L13(1) to (3) (employer’s further payments),

(b) as employing him for the purposes of regulation L12 (employer’s contributions), and

(6) A magistrates' courts committee are to report any relevant decision made by them to the body paying the person’s remuneration.

(7) Regulation J5 (appeals) has effect as if the body receiving the report were a person mentioned in paragraph (5)(b) of that regulation (service of notice of appeal) and paragraph (2) were omitted.

Certain employees of the magistrates' courts committee for the inner London area

3

(1) In their application to a person who is eligible to be a member by virtue of paragraph 4(1) of Schedule B3 these regulations have effect—

(a) in any case, subject to the modifications in sub-paragraphs (2) and (3), and

(b) in the case of a justices' clerk (inner London area), subject also to the age 70 modification.

(2) The Receiver for the Metropolitan Police District is to be treated—

(a) as the person’s employing authority for the purposes of regulation C25 (deduction of contributions) and regulation L13(1) to (3) (employer’s further payments),

(b) as employing him for the purposes of regulation L12 (employer’s contributions), and

(3) The magistrates' courts committee are to report any relevant decision made by them to the Secretary of State; and such a decision has no effect until approved by him.

Employees of probation committees

4

(1) In their application to a person employed by a probation committee these regulations have effect subject to the modifications in the following sub-paragraphs.

(2) For the purposes of the definition of “employee” in Schedule A1, a probation officer whose appointment is determinable within three months unless confirmed by the Secretary of State is not for that reason to be treated as being a person appointed to a post in a temporary capacity for a period of not more than three months.

(3) In relation to an employee of the probation committee for the inner London area, the Receiver for the Metropolitan Police District is to be treated—

(a) as his employing authority for the purposes of regulations C25 (deduction of contributions), C26 (statement of remuneration received otherwise than from employing authority) and regulation L13(1) to (3) (employer’s further payments),

(b) as employing him for the purposes of regulation L12 (employer’s contributions), and

(4) The probation committee for the inner London area are to report any relevant decision made by them to the Secretary of State; and such a decision has no effect until approved by him.

(5) The probation committee for an area other than the inner London area are to report any relevant decision made by them to the body responsible for defraying the expenses of the committee, or, where two or more bodies contribute to the defraying of those expenses, to each of those bodies.

(6) Regulation J5 (appeals) has effect as if a body receiving such a report were a person mentioned in paragraph (5)(b) of that regulation (service of notice of appeal) and paragraph (2) were omitted.

(7) In the application of regulation B15(1)(b) and (3) (calculation of part-time service) to part-time service as a probation officer, the proportionately reduced period is to be determined by making a separate calculation in respect of each year of part-time service and, subject to sub-paragraph (8), in respect of any year of part-time service the period is the same proportion of that year as the remuneration received by him in the year of part-time service bears to the mean of the annual salary scale applicable to probation officers in respect of that year.

(8) In relation to any year of part-time service before 1st April 1965, sub-paragraph (7) applies as if the mean of the annual salary scale applicable to probation officers in respect of that year were—

(a) in a case where the date on which that year commenced was on or after 1st July 1937 and before 1st July 1944, for male officers £330 and for female officers £290;

(b) in a case where that date was on or after 1st July 1944 and before 1st December 1946, for male officers £375 and for female officers £330;

(c) in a case where that date was on or after 1st December 1946 and before 1st April 1954, for male officers £485 and for female officers £420; and

(d) in a case where that date was on or after 1st April 1954, for male officers £620 and for female officers £555.

(9) Sub-paragraphs (7) and (8) apply with the necessary modifications to periods of part-time service of less than a year.

Coroners

5

In their application to a coroner who is a member by virtue of paragraph 4 of Schedule B2 these regulations have effect with the age 70 modification.

Certain former contributory employees

6

(1) This paragraph applies to a person who—

(a) immediately before 1st April 1974 was a contributory employee to whom the Acts of 1937 to 1953 and the regulations made under them applied either as modified or extended by, or together with, any local Act or scheme,

(b) became on 1st April 1974 a pensionable employee under a scheduled body (within the meaning of the 1986 regulations), and

and in relation to such a person the provisions which applied as mentioned in paragraph (a) are referred to in this regulation as his former occupational pension scheme.

(2) Where any relevant provision of the person’s former occupational pension scheme would have been more beneficial than the corresponding provision of these regulations, these regulations have effect, for the appropriate period, as if the relevant provision had applied.

(3) For the purposes of sub-paragraph (2) a provision of the former scheme is a relevant provision if it was similar to one of the following provisions of these regulations—

(a) regulations B2(3) (latest retirement age and LRD);

(b) regulation C2(2)(a) (exclusion from the definition of “remuneration” of payments for non-contractual overtime);

(d) regulation C3(1) (normal retirement age and NRD);

(e) regulation D1 (pensionable remuneration);

(f) regulation D14 (surrender of part of pension in favour of spouse or dependant);

(g) Part I of Schedule D5 (reduction of pension of re-employed pensioner);

but paragraph (f) only applies where no election was made under regulation E19 of the 1974 regulations.

(4) Where the person—

(a) having ceased to be employed during the appropriate period by reason of his voluntary resignation, becomes entitled to receive a payment under regulation C21 (return of contributions), and

(b) if his former occupational pension scheme had still applied to him, would have been entitled under it to receive a return of contributions together with interest,

he is entitled to receive out of the appropriate pension fund interest on so much of the amount payable to him under regulation C21 as is equal to the contributions paid by him in respect of service before 1st April 1972 to any superannuation fund under Part I of the Act of 1937 or under a local Act scheme.

(5) Interest under paragraph (4) is to be calculated, to the date on which the person ceased to be employed, at the same rate and with the same rests as if it had been payable under his former occupational pension scheme.

(6) If—

(a) the person dies during the appropriate period, and

(b) under his former occupational pension scheme a death gratuity would have been calculated by reference to a fraction (“the relevant fraction”) of his average remuneration (within the meaning of the Benefits regulations) greater than three eightieths,

the amount of the death grant payable under Part E is increased by an amount equal to the differential fraction of his pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972.

(7) For the purposes of this paragraph—

“the differential fraction” is the difference between the relevant fraction and three eightieths (expressed as a fraction); and “the appropriate period” is— the period of application specified in the relevant provision of the person’s former occupational pension scheme, or if no period is so specified, the period during which he continues in the employment of the body mentioned in sub-paragraph (1)(b).

Former clerks of the peace etc.

7

(1) A person—

(a) to whom paragraph 13(2) of Schedule 10 to the Courts Act 1971[^f00189] (“paragraph 13(2)”) applied, and

(b) who immediately before the commencement date was under regulation G7 of the 1986 regulations contributing to the appropriate superannuation fund the amount specified in paragraph 13(2) (“the paragraph 13(2) amount”),

may, for as long as he continues in the employment of the same body, continue to contribute the paragraph 13(2) amount.

(2) For the purpose of calculating the amount of any benefit, a person shall be treated as having received, for any period for which he has, under regulation J10 of the 1974 regulations, regulation G7 of the 1986 regulations or this paragraph, contributed the paragraph 13(2) amount, the remuneration which he would have received but for the reduction by virtue of which paragraph 13(2) became applicable to him.

Persons entitled before 1st April 1974 to preserved benefits

8

In the case of a person who is entitled to preserved benefits to which he became entitled by virtue of regulation E2(1)(c) of the 1974 Regulations as applied by Part K of those Regulations—

(a) the preserved benefits (including any increases under the Pensions (Increase) Act 1971[^f00190] and the Pensions (Increase) Act 1974[^f00191]) are subject to reduction, but

(b) on return to local government employment previous service becomes reckonable on repayment of a sum equal to the amount of returned contributions,

as if regulations D1(2) (with the substitution for “the appointed day” of “1st April 1989”), D1(3) and K1(7) of the 1974 Regulations had continued to have effect.

SCHEDULE M3 — MODIFICATIONS APPLYING TO CERTAIN CITY OF LONDON EMPLOYEES

PART I — MODIFICATION APPLYING TO ALL RELEVANT EMPLOYEES SUBSTITUTED PARAGRAPH 6 OF SCHEDULE M1

1

For paragraph 6 of Schedule M1 substitute—

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