The Local Government Pension Scheme (Transitional Provisions etc.) (Amendment) Regulations 1998
The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 1972 and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations: -
Citation and commencement
1. These Regulations may be cited as the Local Government Pension Scheme (Transitional Provisions etc.) (Amendment) Regulations 1998 and shall come into force on 24th September 1998 but shall have effect from 1st April 1998.
Amendment of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997
2. The Local Government Pension Scheme (Transitional Provisions) Regulations 1997 ("the Transitional Regulations") shall be amended in accordance with regulations 3 to 6.
Membership before 1st April 1972
3. In regulation 8(1) -
(b) in sub-paragraph (b) before "made a relevant election" insert ", being eligible to do so,".
Women with membership before 6th April 1988
(b) in paragraph (6)(a), after "cessation" insert "of the effect".
(b) in paragraph (1)(c) at the end add "or in respect of whom an election or determination is made under paragraph (1A)";
(c) insert after paragraph (1) the following paragraphs -
(b) the provisions of paragraph (1) shall apply to him.
(1B) An election shall be made by notice in
writing to the appropriate administering authority given within the
period of three months beginning with the day on which the member or
former member receives notice from his appropriate administering
authority of his entitlement so to elect.
(e) in paragraph (5), delete "but for no other purpose".
(b) regulation H5 of these regulations or regulation 49 of the 1997 regulations.".
(2) Paragraph 23 of Schedule 3 to the
Transitional Regulations is revoked.
(b) in paragraph (4)(c), delete "on a daily basis";
(8) If in the opinion of the appropriate administering authority the transfer value does not satisfy the conditions specified in paragraph (2) for the reason only that it is less than the restitution amount, the appropriate administering authority may accept the transfer value on the basis that the credited period which the member may count is such proportion of the personal pension period as the appropriate administering authority determine.".
Right to opt out
(b) that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with the date on which these Regulations come into force,
then the regulations amended by these Regulations shall have effect in
relation to him as if those amendments had never been made.
(b) died while in such employment,
before the date on which these Regulations come into force.
(This note is not part of the Regulations)
These Regulations make amendments to the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 ("the Transitional Regulations"), the Local Government Pension Scheme Regulations 1995 ("the 1995 Regulations") and the Local Government Pension Scheme Regulations 1997 ("the 1997 Regulations"). The Transitional Regulations make provision for the transition from the arrangements for the Local Government Pension Scheme which are set out in the 1995 Regulations to those set out in the 1997 Regulations.
The Regulations take effect on 1st April 1998, the date when the 1997 Regulations and the Transitional Regulations came into force. Section 12 of the Superannuation Act 1972 provides that regulations made under section 7 of that Act may have retrospective effect.
Regulation 3 clarifies a provision dealing with the effect on periods of membership of membership before 1st April 1972.
Regulation 4 makes an amendment in connection with women with membership before 1st April 1988.
Regulation 5 removes a restriction in connection with rights under Schedule C6 to the 1995 Regulations.
Regulation 6 deals with changes that are required to provisions in connection with former National Health pension scheme members as a result of changes to provisions affecting them which were made after the Transitional Regulations were made but before those regulations came into force.
Regulation 7 substitutes changes to the 1995 Regulations in place of changes that were made by the Transitional Regulations which contained minor, incorrect cross references.
Regulation 8 makes amendments to provisions in the 1997 Regulations relating to transferring members with mis-sold pension rights. The amendments are necessary following amendments to the 1995 Regulations which were made before the Transitional Regulations came into force.
Regulation 9 allows certain persons who would be placed in a worse position by amendments made in these Regulations to elect for the amendments not to apply in their case.
 1972 c.11; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c.7).back
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