(d) in the case of a member who belonged to the Scheme immediately before
the commencement date, any period he is entitled to count under the Transitional
Regulations.
(1A) A person who remains in service after his 65th birthday as referred to in regulation 24A(1) may not count as a period of membership any period of service between age 65 and the date of his retirement from service but he shall be treated as an active member for the purposes of regulations 39 to 45 (surviving spouse's and children's pensions). (SI2000/199)
(2) For most purposes a member's "total membership" is the total of the periods
he is entitled to count under paragraph (1), disregarding any period which would
otherwise count twice (but see regulations 9, 10 and 31 and the Transitional
Regulations).
(3) A person may not count any period of membership
if his contributions for that period have been returned to him and, if all his
contributions to the appropriate fund are returned to him, he may not count
any period of membership credited to him on the receipt of a transfer value.
(4) A person may not count any period of membership
if his rights in respect of it have been transferred to a non-local government
scheme, a personal pension scheme, a self-employed pension arrangement, a retirement
annuity contract or an appropriate policy by payment of a transfer value.
(5) Where a person pays contributions under regulation
17(3) (trade disputes) for any period, that period counts as a period within
paragraph (1)(a) even if his contract of employment did not subsist throughout
that period.
(6) Paragraph (1)(a) includes any period for which a
member is treated as having paid contributions under regulation
86(4) (concurrent employments).
Excluded membership
9. - (1) Superannuable
membership does not count towards the membership period required before a person
is entitled to any benefit.
(2) "Superannuable membership" is-
(3) The Table in Schedule 3 sets out other sorts of
membership which do not count for some purposes.
(4) The first column of that Table describes the membership
and the second column specifies the purposes for which such membership does
not count.
(5) That Table has effect subject to the notes at the
end.
Length of period of membership: calculation of benefit
10. - (1) In
calculating the amount of any benefit, fractions of years of membership count.
(2) The numerator of such fractions is the number of
complete days of membership and 365 is the denominator.
(3) Membership in part-time service is counted as the
appropriate fraction of the duration of membership.
(4) The numerator of that fraction is the number of
contractual hours during the part-time service and its denominator is the number
of contractual hours of that employment if it were on a whole-time basis.
(5) Paragraph (3) does not apply in determining a member's
total membership for regulation 27(1) (ill-health
enhancement) (and see regulation 27(5) and (6)
as to the determination of the enhanced membership period in such cases).