The Local Government (Superannuation and Compensation) (Amendment) Regulations 1988

Contents

1Citation and commencement#

These Regulations may be cited as the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988 and shall come into force on 6th April 1988.

2Interpretation#

In this Part “the principal Regulations” means the Local Government Super-annuation Regulations 1986; and unless the context otherwise requires expressions used in this Part which are also used in the principal Regulations have the same meaning as they have in those Regulations.

3Leaving and rejoining a superannuation scheme#

(1)Regulation B1 of the principal Regulations shall be amended—

(a)in paragraph (1), by inserting at the end the words “and regulations B1A to B1C”;

(b)by omitting paragraphs (15A)(b), (15B), (17)(b) and (c) and (18); and

(c)in paragraph (16), by inserting after the words “pensionable employee” the words “by virtue of an election under regulation B1A or B1C”.

(2)After regulation B1 of the principal Regulations there shall be inserted—“B1A 1 Notwithstanding anything in regulation B1 or Part IV of Schedule 2, a person who was not a pensionable employee on 5th April 1988 (before the amendment of these regulations by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988) shall not after that date become a pensionable employee unless he makes an election to become such.2 An election under paragraph (1) shall be made by notice given in writing to the body which is to become the person’s employing authority.3 Subject to paragraph (4), if a person gives notice of election at least one month before the date on which he commences his employment with the employing authority or such lesser period before that date as the authority allows, the election shall have effect from that date unless the notice specifies otherwise, and in any other case (whether the notice is given before or after the commencement of employment) it shall have effect from the day following the end of the relevant period, or such later date as may be specified in the notice.4 In an exempt case, the body to which notice of election is given may give notice to the person electing that he is not to become a pensionable employee; and a case is an exempt case for these purposes if that person—a has attained or would, on or by the date on which he would otherwise become a pensionable employee pursuant to the election, have attained the age of 50 years; andb was first employed by that body before he attained that age.5 A notice of election shall have effect—a subject to any subsequent notification under regulation B1B; andb both in relation to the employment with the body which is to become the person’s employing authority, and in relation to any subsequent employment under which the person may become a pensionable employee.6 In paragraph (3), “the relevant period” means the period of service to which the person’s payment of wages or salary due from the employing authority next after the day on which the notice of election is given relates.B1B 1 A pensionable employee may at any time notify his employing authority in writing that he does not wish to be such for the purposes of these regulations.2 Subject to paragraph (3), a person giving a notification under paragraph (1) shall cease to be a pensionable employee from the day following the end of the relevant period, or such later date as may be specified in the notification.3 In a case where the person was a pensionable employee on 5th April 1988 and the notification is given before 6th July 1988, he shall be treated as having ceased to be a pensionable employee on 6th April 1988 or such later date as may be specified in the notification.4 A person giving a notification under paragraph (1) shall not again become a pensionable employee in that or another employment unless he makes an election in accordance with regulation B1C.5 Any contributions paid with respect to a period during which a person is to be treated by virtue of a notification under paragraph (1) as not having been a pensionable employee shall be returned to him.6 In paragraph (2), “the relevant period” means the period of service to which the person’s payment of wages or salary due from the employing authority next after the day on which the notification under paragraph (1) is given relates, or the period of 2 months beginning on that day, whichever ends the sooner.B1C 1 A person who would be or become a pensionable employee in accordance with these regulations but for a notification under regulation B1B may, notwithstanding the giving of that notification but subject to paragraphs (3) and (4), subsequently elect so to become a pensionable employee.2 An election under paragraph (1) shall be made by notice given in writing to the body which is to become the person’s employing authority.3 A person who has made an election under paragraph (1) and who subsequently gives another notification under regulation B1B(1) may, subject to paragraph (4), make no further election under paragraph (1).4 Notwithstanding paragraph (3), a person may elect under paragraph (1) whenever he begins a new employment which might fall within regulation B1, provided the notice of election is given to the new employing authority before or within the period of 3 months beginning with the day on which he begins that employment.5 Regulation B1A(3) to (6) shall apply to an election under paragraph (1) as it applies to an election under regulation B1A(1).”

(3)Regulation B3 of the principal Regulations shall be amended by inserting after paragraph (4)—“4A Without prejudice to paragraph (2), regulations B1A to B1C shall, without further provision, be taken to apply to any employee to whom an admission agreement relates, and in particular as if references to a pensionable employee included references to a person contributing or entitled to contribute to a fund by virtue of the agreement and references to regulation B1 included references to the agreement.”

(4)For regulation E22(2) of the principal Regulations there shall be substituted—“2 Subject to paragraphs (3), (4) and (5), for the purposes of this regulation the relevant period is the year ending with—a the day on which the person ceases to hold the employment or, if earlier, the day on which he becomes entitled to reckon 45 years as reckonable service in relation to the employment, disregarding reckonable service before attaining the age of 60 years beyond a total of 40 years; orb if on the day mentioned in sub-paragraph (a) the person was not a pensionable employee by virtue of a notification under regulation B1B, the day on which he ceased to be such under that notification.”

(5)In the definition of the expression “Local government employment” in Schedule 1 to the principal Regulations, for the words “is, or is deemed to be,” there shall be substituted the words “is or has been, or is or has been deemed to be,”; and in the definition of the expression “Pensionable employee” in that Schedule, after the words “regulation B1” there shall be inserted the words “to B1C”.

(6)Part III of Schedule 2 to the principal Regulations shall be amended by inserting after paragraph 2—“3 A person electing under paragraph 1(b) need not, before becoming a pensionable employee, make a further election under regulation B1A.”

(7)Part IV of Schedule 2 to the principal Regulations shall be amended—

(a)in paragraph 1(1), by substituting for the words “(2) to (6)” the words “(2) to (5) and regulations B1A and B1B”, and by substituting for the words “may elect to become” the word “is”;

(b)in paragraph 1(3), by substituting for the words “sub-paragraph (1)” the words “regulations B1A or B1C or notification under regulation B1B”;

(c)by omitting paragraphs 1(6), 3 and 5;

(d)in paragraph 1(7), by substituting for the words from “in all the employments” to the end the words “in all the qualifying part-time employments, of a person in relation to which an election under regulations B1A or B1C (or under paragraph 1(1) before its amendment by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988) has effect fall below 15, the person shall continue to be a pensionable employee unless he gives a notification under regulation B1B; but having given such a notification, a subsequent election to become a pensionable employee under regulation B1C shall not come into effect unless he is in respect of it in a qualifying part-time employment (or falls within some other description of pensionable employee in regulation B1).”;

(e)in paragraph 2, by substituting for the words “elects to cease to be one” the words “gives a notification under regulation B1B; but having given such a notification, a subsequent election to become a pensionable employee under regulation B1C shall not come into effect unless he is in respect of it in a qualifying part-time employment (or falls within some other description of pensionable employee in regulation B1)”; and

(f)in paragraph 4(c), by inserting after the words “paragraph 1(1)” the words “before its amendment by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988”.

(8)Notwithstanding the amendments made by paragraphs (1)(b) and (7), any election made or notification given before 6th April 1988 to become, or to cease to be, a pensionable employee or admitted employee pursuant to the provisions referred to in those paragraphs shall have effect as if those amendments had not been made; and in particular—

(a)if a person has elected before 6th April 1988 to become a pensionable employee or admitted employee under one of those provisions, but that election has not before that date come into effect, no further election under regulation B1A of the principal Regulations shall be required, and

(b)if a person has elected before 6th April 1988 to cease to be a pensionable employee or admitted employee under one of these provisions, and after so ceasing subsequently becomes employed in another employment in which he may become such, regulation B1A(1) of the principal Regulations shall apply as if on 5th April 1988 he was not a pensionable employee or admitted employee (as the case may be) whether or not his election had effect by that date.

4Additional contributions#

(1)After regulation C9 of the principal Regulations there shall be inserted—“C9A 1 A pensionable employee may at any time elect to pay contributions under this regulation in addition to those provided for by the foregoing provisions of these regulations.2 Schedule 6A shall apply in relation to such an election and in relation to contributions payable under this regulation.C9B 1 This regulation applies where a pensionable employee who—a has elected under regulations C6 or C8 (including those regulations as applied by regulation C9(1)) to make payments by way of additional contributions,b is making such payments in pursuance of regulations D10 or D11 of the 1974 regulations by virtue of regulation C9(2) of these regulations, orc is making payments in pursuance of regulations D6, D7 or D8 of the 1974 regulations by virtue of regulation C9(2) of these regulations,gives notification in accordance with regulation B1B.2 In a case mentioned in paragraph (1)(a) or (b), no further payments by way of additional contributions shall be payable from the day on which the person giving the notification ceases to be a pensionable employee; and the benefits to which he is entitled in relation to those contributions shall be calculated as if the payments had been discontinued under regulation D10(4A) of the 1974 regulations, or regulations C6(5) or C8(11) of these regulations, as the case may be.3 In a case mentioned in paragraph (1)(c), paragraphs 5 and 6 of Schedule 6 shall apply as if the pensionable employee had ceased to hold a local government employment on the day on which he ceased to be a pensionable employee; and in particular if on that assumption he would become entitled to preserved benefits he may give notice under paragraph 6.4 Paragraph (2) shall not preclude a person who has elected under regulation B1B making a further election under regulation C6 or C8 after again becoming a pensionable employee.”

(2)Regulation C11(1) of the principal Regulations shall be amended by inserting after sub-paragraph (c)—“, andd contributions payable under regulation C9A.”

(3)Regulation P10(4) of the principal Regulations shall be amended by inserting after sub-paragraph (b)—“bb which of the employees referred to in sub-paragraph (a) and amounts referred to in sub-paragraph (b) are employees paying, and amounts representing deductions in respect of, additional contributions under regulation C9A,”

(4)After Schedule 6 to the principal Regulations there shall be inserted as Schedule 6A the Schedule set out in the Schedule to these Regulations.

5Preserved benefits#

(1)Regulations C12(11)(b), E2(1)(b), E2(1)(c)(i), E5(1)(c)(i), E8(1)(c) and E10(1)(a) of the principal Regulations shall be amended by substituting for the words “5 years” the words “2 years”, and regulation C12(3) and (4) of those Regulations shall be amended by substituting for the words “5 years'” the words “2 years'”.

(2)Regulation C12(5) of the principal Regulations shall be amended by substituting for the words “5 or more than 5 years'” the words “2 or more than 2 years'”.

(3)Regulation E4(1)(b)(i) of the principal Regulations shall be amended by substituting for the words “one or more but less than 5” the words “at least one but less than 2”.

(4)The amendments made by this regulation shall only apply in cases where the person ceased to hold the employment concerned, or (with respect to regulations E5(1)(c)(i), E8(1)(c) and E10(1)(a)) the death concerned occurred, on or after 6th April 1988.

6Reckonable and qualifying service#

(1)Regulations D1(1) and D2(1) of the principal Regulations shall be omitted.

(2)In the definition of the expression “Qualifying service” in Schedule 1 to those Regulations, for the words “regulation D2” there shall be substituted the words “Part D”.

(3)In the definition of the expression “Reckonable service” in Schedule 1 to those Regulations, for the words “regulation D1” there shall be substituted the words “Part D”.

7Ill-health retirement#

For regulation E3(12) of the principal Regulations there shall be substituted—“12 Where—a regulation E2(1)(b)(i) (permanent ill-health etc.) applies,b the person has not given a notification under regulation B1B, or, having given such a notification, has again by the date of cessation of employment become a pensionable employee by virtue of regulation B1C, andc the total of the person’s reckonable service and any qualifying service is not less than 5 years,he is to be treated for the purposes of this regulation as being entitled to reckon as reckonable service an additional period calculated in accordance with Schedule 9.”

8Death grant#

Regulation E11 of the principal Regulations shall be amended—

(a)in paragraph (1), by substituting for sub-paragraph (a)—“a was a pensionable employee, or”

(b)by inserting after sub-paragraph (d) of paragraph (1)—“ore was in a local government employment and was entitled to reckon at least 2 years' reckonable service, but was not a pensionable employee by virtue of a notification under regulation B1B,”

(c)in paragraph (8), by inserting after the words “paragraph (1)(d)” the words “or (e)”;

(d)in paragraph (9)(a), by substituting for the words “paragraph (1)(a) or (d)” the words “paragraph (1)(a), (d) or (e)”; and

(e)by inserting after paragraph (13)—“14 Where a person qualifies for a death grant under more than one sub-paragraph of paragraph (1), he shall be treated as having qualified under the sub-paragraph which would, in accordance with the preceding paragraphs, result in the highest amount of grant being paid.”

9Gratuities#

(1)Regulation K1(3) of the principal Regulations shall be amended by inserting after sub-paragraph (c)—“, ord during which he is not a pensionable employee by virtue of a notification under regulation B1B or a failure to elect under regulation B1A.”

(2)Regulation K1(4) of the principal Regulations shall be amended by inserting at the end of sub-paragraph (b) the words “or which, but for an election by that person on or after 6th April 1988 not to participate in the benefits of such a scheme, might have been so taken into account,”.

10Injury allowances#

(1)Regulation L5(1) of the principal Regulations shall be amended by inserting after the words “relevant body may” the words “(if there is such a shortfall as is mentioned in paragraph (2)(a))”.

(2)Regulation L8(c) of the principal Regulations shall be amended by omitting the words from “out of any fund” to “transferred”.

(3)The amendment made by paragraph (2) shall only apply in cases where the person ceased to hold the employment concerned, suffered the reduction in his remuneration or died (as the case may be) on or after 6th April 1988.

Part III · Compensation

11Interpretation#

In this Part “the 1982 Regulations” means the Local Government (Compensation for Premature Retirement) Regulations 1982.

12Interpretation of the 1982 Regulations#

After paragraph (3) of regulation 2 of the 1982 Regulations there shall be inserted—“4 Where in these regulations references are made to anything done under, required under or arising under any provision of the Superannuation Regulations, those references shall be construed so far as the context permits as references to anything done under, required under or arising under the corresponding provision of the Local Government Superannuation Regulations 1974; and where any references are made to a pensionable employee or a person who would be or would have been a pensionable employee within the meaning of the Superannuation Regulations, those references shall be construed so far as the context permits as references to a pensionable employee or, as the case may be, to a person who would be or would have been a pensionable employee, within the meaning of the Local Government Superannuation Regulations 1974.”

13Definitions#

Regulation 3 of the 1982 Regulations shall be amended—

(a)in the definition of “former employment”, by omitting the words from “and paragraphs” to the end;

(b)in the definition of “new employment”, by substituting for the words “and paragraphs (7) to (9)” the words “and paragraph (10)”, and by substituting for the words “as if” to the end of the definition the words “as it applies for the purposes of that regulation”;

(c)by substituting for the definition of “occupational pension”—““occupational pension” in relation to a person means a pension to which he has become entitled, whether payable immediately or in the future, being—a a pension associated with any employment which is payable under an enactment (not being for these purposes an enactment comprised in the Social Security Act 1975 or the Superannuation Regulations), contract, scheme or other arrangement, including a pension under a personal pension scheme in relation to which the Secretary of State has paid contributions under section 1 of the Social Security Act 1986, orb a pension derived from the payment of a transfer value calculated by reference to pension rights (contingent or otherwise) arising under the Superannuation Regulations or arising with respect to such a pension as is mentioned in paragraph (a) above,• and not being a pension which is a lump sum;”

(d)by omitting the words““pensionable employee”, “pensionable remuneration”,”

(e)by inserting after the definition of “occupational pension”—““pensionable employee” means a pensionable employee within the meaning of the Superannuation Regulations or a person who the employing authority are satisfied would be such or be treated as such but for a relevant disqualification; “pensionable remuneration” in relation to a person means the remuneration which is, or if there has been a relevant disqualification, which but for that disqualification and on the relevant assumptions would be, that person’s pensionable remuneration under the Superannuation Regulations;”

(f)by inserting after the definition of “periodic payment”—““reckonable service” means any period of reckonable service within the meaning of the Superannuation Regulations, together with any period of special service not being special service consisting of periods of unpaid leave or other unpaid absence from duty;”

(g)by inserting after the definition of “redundancy payment”—““the relevant assumptions” are the assumptions that—a during any period of special service a beneficiary was a pensionable employee within the meaning of the Superannuation Regulations,b a beneficiary’s reckonable service for the purposes of those regulations included any periods of special service which do not consist of periods of unpaid leave or other unpaid absence from duty,c for the purposes of regulation E3(12) of those regulations, no notification had been given under regulation B1B,d any notice or determination which, on the assumptions mentioned above, might have been given or made under regulation E22(3)(b) of those regulations with respect to a period of special service had been given or made,e any notice or determination which, on the assumptions mentioned above, might have been given or made under regulation E22(4) or (5)(c) of those regulations with respect to a period of special service had not been given or made, andf regulation E22(7) of those regulations did not apply with respect to a period of special service;“relevant disqualification” in relation to a person means—a the requirement in regulation B1(3)(a) of or paragraph 1(4)(a) of Part IV of Schedule 2 to the Superannuation Regulations that a manual worker should have completed an appropriate 12 months' continuous employment before he may become a pensionable employee,b the failure of a medical examination required under regulation B1(16) of those regulations,c the making of an election under regulation B1(15B) of those regulations before its omission by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988,d the making of an election, or the absence of an election with respect to any period (as the case may be), under regulation B1(18) of or Part IV of Schedule 2 to the Superannuation Regulations before the omission or amendment of those provisions by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988,e the absence of an election under regulation B1A of the Superannuation Regulations with respect to any period,f the giving of a notification under regulation B1B of those regulations,g the absence of an election under paragraph 1(b) of Part III of Schedule 2 to those regulations with respect to any period, orh the making of an election, or the absence of an election with respect to any period (as the case may be), under regulation 25(3)(b) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1987,in consequence of one or more of which (either individually or cumulatively) that person has not become, has ceased to be or has not been treated as being a pensionable employee within the meaning of the Superannuation Regulations;”

(h)by inserting after the definition of “scheduled body”—““special service” means any period of employment with respect to which the employing authority is satisfied that the person concerned would have been or been treated as being a pensionable employee within the meaning of the Superannuation Regulations but for a relevant disqualification, except that, in relation to any employment ending before he began his former employment, it only includes such periods as are continuous with the former employment; and a period of employment is continuous with the former employment for this purpose if in the interval between its ending and the former employment beginning there have been no breaks in employment with a scheduled body or a body mentioned in column 1 of Part 2 of Schedule 1 for periods of greater than one month and one day;”

(i)in the definition of “the Superannuation Regulations”, by substituting for the figure “1974” the figure “1986”.

14Persons to whom the 1982 Regulations apply#

Regulation 4(1)(a) of the 1982 Regulations shall be amended—

(a)by substituting for the words “regulation E2(3)(a)” the words “regulation E2(4)(a)”; and

(b)by inserting after the words “the Superannuation Regulations” the words— “or they are satisfied that, but for a relevant disqualification and on the relevant assumptions, they would have so certified”.

15Lump sum compensation and annual compensation#

Regulation 6 of the 1982 Regulations shall be amended—

(a)in paragraph (2), by inserting after the words “beneficiary is entitled” the words “(or, as mentioned in paragraph (4), would be entitled)”, and by inserting after the words “be increased” in sub-paragraph (a) the words “on the relevant assumptions”;

(b)in paragraph (3)(a), by inserting after the words “be increased” the words “on the relevant assumptions”;

(c)in paragraph (3B), by inserting after sub-paragraph (c)—“d “reckonable service” has the same meaning as in the Superannuation Regulations, ande as respects an occupational pension which is a pension under a personal pension scheme in relation to which the Secretary of State has paid contributions under section 1 of the Social Security Act 1986 or is a pension derived from the payment of a transfer value calculated by reference to rights arising with respect to such a pension, the reference to “any period in respect of which he is entitled to the occupational pension” shall be construed as a reference to the period of employment by reference to which the Secretary of State has paid the contributions and (without prejudice to the generality of that expression in other cases) any period of employment in relation to which a transfer value has been paid into the personal pension scheme.”

(d)in paragraph (3C), by omitting the words “within the meaning of regulation E1 of the Superannuation Regulations”; and

(e)in paragraph (4), by substituting for the words from “paragraphs” to “those regulations” the words “paragraphs (1)(b)(iii) and (4)(a) of regulation E2 of those regulations, or (except in relation to paragraph (3A)(c) above) to which but for a relevant disqualification he would be so entitled on the relevant assumptions and on the further assumption that, if the employing authority might have certified under regulation E2(4)(a) of those regulations, it had done so”.

16Allocation of part of annual compensation#

Regulation 7 of the 1982 Regulations shall be amended—

(a)in paragraph (1), by substituting for the words “regulation E4” the words “regulation E20”;

(b)in paragraph (2), by substituting for the words “and (3)(a)” the words “and (4)(a)”; and

(c)by inserting after paragraph (4)—“5 Where regulation E20 of the Superannuation Regulations does not apply to a beneficiary in consequence of a relevant disqualification, paragraph (1) shall have effect as if he had been allowed as mentioned in that paragraph, and in such a case the annual compensation which he is entitled to surrender in accordance with paragraph (2) shall be such part as he may specify in the notice required under paragraph (1).”

17Widows' compensation#

(1)Regulation 8(1) of the 1982 Regulations shall be amended—

(a)by substituting for the words from “(but for” to “pension scheme)” the words “but for a relevant disqualification with respect to the beneficiary (and on the relevant assumptions) or for the transfer of benefits to another pension scheme”; and

(b)by substituting for the words “regulation E5(1)” the words “regulation E5(1) to (5)”.

(2)Regulation 9(2)(b) of the 1982 Regulations shall be amended by inserting after the words “to reckon” the words “on the relevant assumptions”.

18Children’s compensation#

(1)Regulation 10 of the 1982 Regulations shall be amended—

(a)by substituting for the words from “(but for” to “pension scheme)” where they occur in paragraphs (1) and (2) the words “but for a relevant disqualification with respect to the beneficiary (and on the relevant assumptions) or for the transfer of benefits to another pension scheme”;

(b)by substituting for the words “regulation E8(1)” where they occur in paragraphs (1) and (2) the words “regulation E8(1) to (3)”.

(2)Regulation 11 of the 1982 Regulations shall be amended—

(a)in paragraph (3)(b), by inserting after the words “to reckon” the words “on the relevant assumptions”;

(b)in paragraph (4)(a), by substituting for the words “regulation E9(4)” the words “regulation E9(5)”; and

(c)in paragraph (5), by substituting for the words from “(but for” to “pension scheme)” the words “but for a relevant disqualification with respect to the beneficiary (and on the relevant assumptions) or for the transfer of benefits to another pension scheme”, and by substituting for the words “regulation E9(5)” the words “regulation E9(7)”.

19Widowers' compensation#

Regulation 12 of the 1982 Regulations shall be amended—

(a)in paragraph (1), by substituting for the words “regulation E12” in sub-paragraph (a) the words “regulation E12(3)”, and by substituting for the words “regulation E5(1) or E8(1)” the words “regulation E5(1) to (5) or E8(1) to (3)”; and

(b)by inserting after paragraph (2)—“3 Where a female beneficiary is not a pensionable employee under the Superannuation Regulations by virtue of a relevant disqualification, and the circumstances have arisen such that she would have been able to give a notice under regulation E12(3) of those regulations if she were such an employee, she shall be treated for the purposes of this regulation as having given that notice.”

20New employment#

(1)Regulation 16 of the 1982 Regulations shall be amended—

(a)in paragraph (2), by inserting after the words “becomes entitled” the words “(or but for a relevant disqualification and on the relevant assumptions would become entitled)”, and by inserting after the words “cessation of his new employment” the words “and on the relevant assumptions”, and

(b)in paragraph (3), by substituting for the words “regulation D3(2)(b)” the words “regulation D3(7)”.

(2)Paragraph 3 of Schedule 4 to the 1982 Regulations shall be amended—

(a)by substituting for paragraph (a)—“a “retirement pension” means—i a pension under regulation E2(1)(a) or (b) of the Superannuation Regulations, including an annual pension within the meaning of regulation E15(14) of the Superannuation Regulations; orii an occupational pension”

(b)by inserting after paragraph (b)—“; andc in calculating the annual rate of remuneration of a former, concurrent or new employment, regulation E15(6) to (9) of the Superannuation Regulations shall apply on the relevant assumptions as if a former or concurrent employment was a former employment, and a new employment was a new employment, within the meaning of that regulation, and with respect to the Table to regulation E15(6) as if the source of entitlement were the Superannuation Regulations; but in relation to a period of special service regulation E15(7) shall have effect as if the words “either” and “or he made contributions or payments under section 6(5) of the Act of 1937 or regulation C3 or C4” were omitted.”

(3)Sub-paragraph (1) of paragraph 6 of Schedule 4 to the 1982 Regulations shall be amended by inserting after the words “becomes entitled” the words “(or but for a relevant disqualification and on the relevant assumptions would become entitled)”.

21Payment of compensation#

Regulation 19(1) of the 1982 Regulations shall be amended by substituting for the words from “(but for” to “pension scheme)” the words “but for a relevant disqualification with respect to the beneficiary (and on the relevant assumptions) or for the transfer of benefits to another pension scheme”.

22Paying authority#

For regulation 20(4) of the 1982 Regulations there shall be substituted—“4 The authority which under the Superannuation Regulations is maintaining a superannuation fund with respect to whose benefits a beneficiary is participating (or but for a relevant disqualification and on the relevant assumptions would be participating) may agree with the employing authority to pay any compensation arising in respect of that beneficiary on their behalf and to recover the amount thereof from them immediately or at such intervals as may be agreed.”

23Local government reorganisation#

The Local Government Reorganisation (Compensation) Regulations 1986 are amended—

(a)in regulation 1(2)—

(i)in the definition of “the Superannuation regulations”, by substituting for the figure “1974” the figure “1986”; and

(ii)by inserting after the definition of “redundancy payment”—““the relevant assumptions” and “relevant disqualification” have the same meaning as in the 1982 regulations;”

(b)by substituting for regulation 3(1)—“1 This regulation applies to a person—a who becomes entitled to a retirement pension under regulation E2(1)(b)(iii) of the Superannuation regulations by virtue of the competent authority’s certifying under regulation E2(4)(a) of those regulations that he has ceased to hold his employment by reason of redundancy, orb who the competent authority are satisfied would be so entitled (but for a relevant disqualification) on the relevant assumptions, unless he elects, by notice given in writing to the authority within 13 weeks of him being notified by the authority that they are so satisfied, that this regulation should not apply to him.”

(c)in regulation 3(4), by inserting after the words “which is” the words “, or (as the case may be) would be,”; and

(d)in regulation 4(2)(b), by inserting after the words “does not apply” the words “(whether by virtue of an election under regulation 3(1)(b) or otherwise)”.

24Transitional provision#

The amendments made by this Part shall only apply to cases where the employment by reference to whose cessation additional periods of service might fall to be credited under the 1982 Regulations ceases to be held on or after 6th April 1988.

Schedule · Schedule to be inserted in the local government superannuation regulations 1986

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 5

Show every defined term

reckonable service
has the same meaning as in the Superannuation Regulations, and e as respects an occupational pension which is a pension under a personal pension scheme in relation to which the Secretary of State has paid contributions under section 1 of the Social Security Act 1986 or is a pension derived from the payment of a transfer value calculated by reference to rights arising with respect to such a pension, the reference to “any period in respect of which he is entitled to the occupational pension” shall be construed as a reference to the period of employment by reference to which the Secretary of State has paid the contributions and (without prejudice to the generality of that e
retirement pension
means— i a pension under regulation E2(1)(a) or (b) of the Superannuation Regulations, including an annual pension within the meaning of regulation E15(14) of the Superannuation Regulations;
the 1982 Regulations
means the Local Government (Compensation for Premature Retirement) Regulations 1982.
the principal Regulations
means the Local Government Super-annuation Regulations 1986;
the relevant period
means the period of service to which the person’s payment of wages or salary due from the employing authority next after the day on which the notice of election is given relates.

1Citation and commencement#

2Interpretation#

3Leaving and rejoining a superannuation scheme#

4Additional contributions#

5Preserved benefits#

6Reckonable and qualifying service#

7Ill-health retirement#

8Death grant#

9Gratuities#

10Injury allowances#

11Interpretation#

12Interpretation of the 1982 Regulations#

13Definitions#

14Persons to whom the 1982 Regulations apply#

15Lump sum compensation and annual compensation#

16Allocation of part of annual compensation#

17Widows' compensation#

18Children’s compensation#

19Widowers' compensation#

20New employment#

21Payment of compensation#

22Paying authority#

23Local government reorganisation#

24Transitional provision#

Defined terms · 5

Key facts

History · 1 version

Connections

1Citation and commencement#

2Interpretation#

3Leaving and rejoining a superannuation scheme#

4Additional contributions#

5Preserved benefits#

6Reckonable and qualifying service#

7Ill-health retirement#

8Death grant#

9Gratuities#

10Injury allowances#

11Interpretation#

12Interpretation of the 1982 Regulations#

13Definitions#

14Persons to whom the 1982 Regulations apply#

15Lump sum compensation and annual compensation#

16Allocation of part of annual compensation#

17Widows' compensation#

18Children’s compensation#

19Widowers' compensation#

20New employment#

21Payment of compensation#

22Paying authority#

23Local government reorganisation#

24Transitional provision#