The Local Government Superannuation (Amendment) Regulations 1992

Retrospective effect

42.—(1) Where—

(a) a person was not entitled to make an election under regulation B1A of the principal Regulations before 28th February 1992, and

(b) if regulation 19 had come into force on 1st October 1989, he would have been so entitled, and

(c) he gives notice of such an election within 3 months after 28th February 1992,

• the election may be expressed to have effect as if regulation 19 had come into force on 1st October 1989 and the notice had been given on the first day on which he would in that case have been entitled to give notice of the election or, where that day is 1st October 1989, to have effect from that date.

(2) The deletion by regulation 7 of regulation E10 of the principal Regulations shall not affect any benefits which have been paid or have become payable under that regulation before 28th February 1992, but where any such benefits have been paid on or after 6th April 1988 in respect of an eligible child following the death of that child’s parent the amount of those benefits shall be set off against any increase in the benefits payable to or in respect of that child and in respect of that parent’s death resulting from the amendments to regulations E8 and E9 of the principal Regulations made by regulations 4 and 5 and the insertion of regulation E9A of the principal Regulations by regulation 6.