Section 4G · The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014

Contents

4GStatutory underpin: underpin date#

(1)Subject to paragraphs (2) to (5), an eligible member’s underpin date, in relation to a pension account, is the earliest of—

(a)the last day on which the eligible member is an active member of the 2014 Scheme;

(b)the date on which the eligible member attains—

(i)the normal retirement age applicable to the eligible member under the 2008 Scheme, or

(ii)where the eligible member was not a member of the 2008 Scheme, the age of 65, and

(c)where the eligible member elects to receive an immediate payment of all or part of their pension under regulation 30(6) of the 2013 Regulations, the day before the date on which the eligible member’s reduced working hours or grade of employment begins.

(2)This paragraph applies where—

(a)under paragraph (1)(b)(ii) an eligible member’s underpin date would be the date on which they attained the age of 65, and

(b)the eligible member—

(i)has already attained the age of 65,

(ii)was not an active member of the 2014 Scheme on that date, and

(iii)is an eligible member in relation to that pension account as a result of regulation 4A(2)(b) (statutory underpin: general).

(3)Where paragraph (2) applies, and the transfer payment to which regulation 9(1ZA) (transfers) relates was a Club Transfer, the eligible member’s underpin date is the earliest of—

(a)the guarantee date in respect of that transfer payment (in accordance with the meaning in section 93A (4) of the Pension Schemes Act 1993), and

(b)the last day on which the eligible member is an active member of the 2014 Scheme.

(4)Where paragraph (2) applies, and the transfer payment to which regulation 9(1ZA) relates was not a Club Transfer, the eligible member’s underpin date is the earliest of—

(a)the date on which that transfer payment was received, and

(b)the last day on which the eligible member is an active member of the 2014 Scheme.

(5)In this regulation, “Club Transfer” has the same meaning as in Schedule 1 to the 2013 Regulations.

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