The Local Government Pension Scheme Regulations 1997

PART III FORMER CONTRIBUTORS

7.—(1) This paragraph applies to a person—

(a) who immediately before 1st April 1974 was a contributory employee to whom the Acts of 1937 to 1953 and the regulations made under them applied either as modified or extended by, or together with, any local Act or scheme,

(b) who on that date became a pensionable employee under a scheduled body (within the meaning of the 1986 regulations), and

(c) to whom immediately before the commencement date paragraph 6 of Schedule M2 to the 1995 regulations applied.

(2) Where any relevant provision of the former scheme of a person to whom this paragraph applies would have been more beneficial than the corresponding provision of these Regulations, these Regulations have effect, for the appropriate period, as if the relevant provision had applied.

(3) For sub-paragrah (2) the person’s former scheme is the provisions which applied as mentioned in sub-paragraph (1)(a).

(4) For sub-paragraph (2) a provision of a former scheme is a relevant provision if it was similar to one of the provisions of these Regulations specified in sub-paragraph (5).

(5) They are—

(a) regulation 6(3) (latest joining date);

(b) regulation 12 (member's contributions);

(c) regulation 13(2)(a) (exclusion from pay of non-contractual overtime);

(d) regulations 21 to 23 (pay);

(e) regulation 25(3) to (5) (normal retirement age and NRD);

(f) regulation 110 (application of abatement policy in individual cases); and

(g) if the person made no election under regulation E19 of the 1974 regulations, regulation 33 (surrenders).

(6) Where the person—

(a) having voluntarily resigned from his employment during the appropriate period, becomes entitled to receive a payment under regulation 87 (rights to return of contributions), and

(b) if his former scheme had still applied to him, would have been entitled to interest on the contributions,

he is entitled to receive out of the appropriate fund interest on so much of the amount of that payment as is equal to the contributions paid by him in respect of service before 1st April 1972 to any pension fund under Part I of the Act of 1937 or a local Act scheme.

(7) Interest under sub-paragraph (6) is to be calculated, to the date the person left employment, at the same rate and with the same rests as if payable under his former scheme.

(8) For this paragraph the appropriate period is—

(a) the period of application specified in the relevant provision of the person’s former scheme, or

(b) if none is specified, the period during which he continues in the employment of the body mentioned in sub-paragraph (1)(b).