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STATUTORY INSTRUMENTS
1998 No. 2118
PENSIONS
The Local Government Pension Scheme (Transitional
Provisions etc.) (Amendment) Regulations 1998
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Made |
27th August 1998 |
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Laid before Parliament |
3rd September 1998 |
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Coming into force |
24th September 1998 |
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The Secretary of State, in exercise of the powers conferred on him by
sections 7 and 12 of the Superannuation Act 1972[1]
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[2]
("the Transitional Regulations") shall be amended in accordance
with regulations 3 to 6.
Membership before 1st April 1972
3. In regulation
8(1) -
(a) delete "married"; and
(b) in sub-paragraph (b) before "made a relevant election"
insert ", being eligible to do so,".
Women with membership before 6th April 1988
4. In regulation
9 -
Continuity of rights within regulation 12(1)
5. Delete paragraph (3) of
regulation 15.
Former NHS scheme members
6. In regulation
23 -
" (1A) Subject to paragraph (1C), where a
person who satisfies the provisions of paragraph (1)(a) and (b) has had
a transfer value accepted by his fund authority before 28th March 1997,
he may elect or, in the event of death, his appropriate administering
authority may determine, that -
(a) the transfer value in respect of him shall be treated as an
interim payment, and
(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.
(1C) An election may be made by, or a
determination made in respect of, a person who has ceased to hold a
local government employment if he was entitled under regulations D5, D6,
D7 or D9 of the 1995 regulations or regulations 25, 26, 27 or 31 of the
1997 regulations to the immediate payment of benefits upon such
cessation.";
Amendment of the Local Government Pension Scheme Regulations 1995
7. For regulation F11(3) of
the Local Government Pension Scheme Regulations 1995[4]
substitute -
" (3) Where this regulation applies, it
overrides any provision in these regulations, the 1997 regulations or
the Transitional Regulations, to the extent to which that provision
conflicts with this regulation, except that it does not
override -
(a) regulation H4 of these regulations, regulation 111 of the 1997
regulations or regulation 114 of the 1997 regulations (so far as it
relates to regulation 111);
(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.
Amendment of the Local Government Pension Scheme Regulations 1997
8. In regulation 122A of the
Local Government Pension Scheme Regulations 1997[5] -
(a) in paragraph (4), for sub-paragraph (a) substitute -
" (a) of the amount that would be necessary (as at the date on
which the request for the calculation of the restitution amount is
received by the appropriate administering authority) to purchase a
period of membership for these regulations equal to the length of the
personal pension period on the basis of a transfer from a scheme which
is not a club scheme (including the value of rights under the Pensions
(Increase) Act 1971 and the Pensions (Increase) Act 1974)";
(b) in paragraph (4)(c), delete "on a daily basis";
(c) in paragraph (5), for "value" substitute
"amount"; and
(d) add the following new paragraphs -
" (7) Where a transfer value has been
accepted in relation to a woman to whom this regulation applies and in
respect of whom a transfer value had been paid previously by an
administering authority to a personal pension scheme any part of which
transfer value was attributable to membership before 5th April 1988,
then the credited period shall be apportioned as membership before 6th
April 1988 and as membership after 5th April 1988 in the same
proportions as it would have been had the woman become or remained a
member of the Scheme throughout the personal pension period.
(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
9. - (1)
Where -
then the regulations amended by these Regulations shall have effect in
relation to him as if those amendments had never been made.
(2) For the purposes of paragraph (1), a relevant
beneficiary is a person to whom any benefit is or may become payable being
a benefit payable to or in respect of a person who
(a) ceased to hold an employment in respect of which he was a member
(whether or not he had subsequently recommenced any such employment), or
(b) died while in such employment,
before the date on which these Regulations come into force.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State, Department of the Environment,
Transport and the Regions
27th August 1998
EXPLANATORY NOTE
(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.
Notes:
[1] 1972 c.11; section 12 was amended by section 10 of
the Pensions (Miscellaneous Provisions) Act 1990 (c.7).back
[2] S.I. 1997/1613.back
[3] Paragraph 10(3) of Schedule M2 to the 1995
regulations was amended by S.I. 1998/530, regulation 5.back
[4] S.I. 1995/1019; the relevant amending instrument is
S.I. 1997/1613 (see Schedule 3, paragraph 27).back
[5] S.I. 1997/1612; for the insertion of regulation
122A see S.I. 1997/1613, Schedule 3, paragraph 62.back
ISBN 0 11 079470 2
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