The Local Government Superannuation (Amendment) Regulations 1992

PART VII HAVING EFFECT AS FROM 17TH SEPTEMBER 1990

Additional payments in respect of previous part-time service

26.  Regulation C7A of the principal Regulations(1) is amended—

(a) in paragraph (4)—

(i) by substituting for the words “widower may on his behalf, by” the words “widower, may by”;

(ii) by substituting for the words “in order to become” the words “in order that the eligible person may become”;

(b) in paragraph (6)(a), by substituting for the words “six months” the words “two years”;

(c) in paragraph (8), by substituting for the words “payable by or on behalf of an eligible person” the words “payable by an eligible person or his widow or widower”;

(d) in paragraph (9), by substituting for the words “payable by or on behalf of that person” the words “payable by that person or his widow or widower”;

(e) in paragraph (14), by substituting for the words “paragraph (15)” the words “paragraphs (15), (15A) and (15B)”;

(f) by inserting after paragraph (15) the following:

“(15A) Where an eligible person is paying instalments of equal amounts under paragraph (14) and, by virtue of paragraph (15) instalments of such amounts may no longer be paid, the amounts of any outstanding instalments shall be reduced to the maximum level permitted by paragraph (15) and the period for payment shall be extended, but not beyond the eligible person’s 65th birthday, by such period as is necessary to enable the eligible person so far as is practicable to complete payment of the amount payable by him under paragraph (8).

(15B) Where—

(a) by virtue of paragraph (15) the amount payable under paragraph (8) cannot be paid in full by the eligible person’s 65th birthday, and

(b) the eligible person is a pensionable employee, was a pensionable employee on 27th July 1989, and has been a pensionable employee continuously since that date,

• the amount outstanding on that birthday may be paid in full to the appropriate administering authority in a single payment not later than three months after that birthday.

(15C) For the purposes of paragraph (15B), the reference to a person having continuously been a pensionable employee includes a reference to a person who, having ceased to be a pensionable employee—

(a) becomes a pensionable employee again within one month of so ceasing, or

(b) becomes a pensionable employee again within one month of returning to work in accordance with section 45(1) or (3) of the Employment Protection (Consolidation) Act 1978(2) (which confers the right to return to work following pregnancy or confinement).”;

(g) in paragraph (16), by substituting for the words “by or on behalf of him” the words “by him or his widow or widower”;

(h) in paragraph (17), by substituting for the words “paragraph (12) or (16)” the words “paragraphs (12), (15B) or (16) or paragraph 8 of Schedule 4A”.

Payment for additional reckonable service of part-time employees

27.  Schedule 4A to the principal Regulations(3) is amended

(a) in paragraph 1—

(i) by substituting for the words “by or on behalf of an eligible person” the words “by an eligible person or his widow or widower”;

(ii) in the definition of “A”, by substituting for the words “of his” the words “of the eligible person's”;

(b) in paragraph 3—

(i) by deleting the words “by or on behalf of a person”;

(ii) by substituting for the words “he is entitled” the words “the eligible person is entitled”;

(c) in paragraph 4, by substituting for the definitions of “L” and “M” the following:

“L is the aggregate of the total amount paid by way of instalments under paragraph (14) and the amount paid or payable by the employing authority under paragraph (12) or, as the case may be, (13) of regulation C7A;

M is the total sum payable by him and his employing authority under regulation C7A;”;

(d) in paragraph 5, by substituting for the words “that regulation” the words “regulation C7A(8)”;

(e) in paragraph 7, by substituting for the definitions of “X” and “Y” the following:

• “X is the aggregate of the total amount paid by way of instalments under paragraph (14) and the amount paid or payable by the employing authority under paragraph (12) or, as the case may be, (13) of regulation C7A;

• X is the total sum payable by him and his employing authority under regulation C7A;”.

(1)

Regulation C7A was inserted by S.I. 1990/1709, regulation 3.

(2)

1978 c. 44.

(3)

Schedule 4A was inserted by S.I. 1990/1709, regulation 8.