The Local Government Superannuation (Amendment) Regulations 1992

Amount of retirement pension and retiring allowance

32.  Regulation E3 of the principal Regulations is amended—

(a) by inserting after paragraph (7) the following:

“(7A) Subject to paragraph (10), where the person is a married woman and a widower’s pension may become payable under regulation E5 in respect of a period of which notice has been given under regulation E6(7), the amount calculated in accordance with paragraphs (3) to (6) is reduced—

(a) by three one hundred and sixtieths of the pensionable remuneration multiplied by the length in years of any reckonable service of which notice has been given under regulation E6(7) and which is or is treated for the purposes of paragraph (8B) as being reckonable service before 1st April 1972, and

(b) by one one hundred and sixtieth of the pensionable remuneration multiplied by the length in years of any reckonable service of which notice has been given under regulation E6(7) and which is or is treated for the purposes of paragraph (8B) as being reckonable service after 31st March 1972 but before 6th April 1988.”;

(b) in paragraph (8), by substituting for the words:

“where—

(a) the person is a widower”

the words:

“where the person is a man, and—

(a) he is a widower”;

(c) by inserting after paragraph (8) the following:

“(8A) Subject to paragraph (10), where the person is a woman and—

(a) she is a widow, or

(b) her marriage has been dissolved,

and the death or dissolution occurred after 5th April 1988, the amount calculated in accordance with paragraphs (3) to (6) is reduced—

(i) by three one hundred and sixtieths of the pensionable remuneration multiplied by the length in years of any reckonable service of which notice has been given under regulation E6(7) and which is or is treated for the purposes of paragraph (8B) as being reckonable service before 1st April 1972, and

(ii) by one one hundred and sixtieth of the pensionable remuneration multiplied by the length in years of any reckonable service of which notice has been given under regulation E6(7) and which is or is treated for the purposes of paragraph (8B) as being reckonable service after 31st March 1972 but before 6th April 1988.

(8B) For the purposes of this paragraph—

(a) reckonable service—

(i) which the person is entitled to reckon under regulation J9 where the relevant transfer value was accepted before 6th April 1988, or

(ii) which the person is entitled to reckon under regulation J9 where, by virtue of regulation 25(1)(b) of the Local Government Superannuation (Interchange) Regulations 1991(1), regulations 10 to 15 and 19 and 20 of those Regulations do not apply to the relevant transfer value,

shall be treated as being reckonable service after 31st March 1972 but before 6th April 1988; and

(b) to the extent that reckonable service falling within any of the categories described in paragraph (8C), when aggregated with actual reckonable service after 31st March 1972 but before 6th April 1988, does not exceed 16 years and 5 days, it shall be treated as being reckonable service after 31st March 1972 but before 6th April 1988, but it shall otherwise be treated as being reckonable service before 1st April 1972.

(8C) The categories of reckonable service referred to in paragraph (8B)(b) are reckonable service—

(a) which the person is entitled to reckon under regulation D4, D5 or D9 where the necessary payment was made or commenced before 6th April 1988;

(b) which the person is entitled to reckon by virtue of a resolution passed under regulation D7 before 6th April 1988;

(c) which is treated as reckonable service before 6th April 1988 by virtue of regulation D13(3).”;

(d) in paragraph (10), by substituting for the words “paragraph (7) or (8)” the words “paragraph (7), (7A), (8) or (8A)”;

(e) in paragraph (11), by inserting at the end the words “or who has made such an election but to whom regulation E12(6) applies”.

(1)

S.I. 1991/2471.