The Local Government Pension Scheme Regulations 1997

Permanent reductions in pay: certificates of protection of pension benefits

23.—(1) Where a certificate has been issued as respects a member's pay under paragraph (3) or (4) and the date of reduction or, as the case may be, restriction specified in the certificate is not more than 10 years before the date on which he ceases to be an active member, he may elect that his final pay period should be—

(a) a year ending with a day—

(i) falling within the period of five years ending with the last day he was an active member, and

(ii) of which that last day is the anniversary; or

(b) any three consecutive years—

(i) falling within the period of 13 years ending with the last day he was an active member, and

(ii) ending with a day of which that last day is the anniversary.

(2) Where a member elects for the period specified in paragraph (1)(b), his final pay is the annual average of his pay during that period.

(3) If, otherwise than by virtue of a member's own circumstances—

(a) his rate of pay is reduced, or

(b) the rate at which it may be increased is restricted in such a way that it is likely that the rate of his retirement pension will be adversely affected,

he is entitled to be issued with a certificate to that effect by the employing authority (but see paragraph (4)).

(4) The employing authority may issue a certificate without an application from the member, but need not issue a certificate if he does not apply for one within 12 months after the date of reduction or restriction.

(5) A certificate issued under this regulation must specify the date of the reduction or restriction.

(6) The employing authority must send a copy of the certificate to the member's appropriate administering authority.

(7) The employing authority must keep a record of the certificate including such information as would be necessary for applying paragraph (1) for the period of 10 years beginning with the date of reduction or restriction specified in it.

(8) An election under this regulation by a member must be made by notice in writing given to the appropriate administering authority before the expiry of the period of one month beginning with the date on which he is notified of his entitlement to a benefit.

(9) Where a member has died without having made an election under this regulation, the appropriate administering authority may make an election on his behalf (whether or not the period within which he could have elected has expired).