The Local Government Superannuation Regulations 1986

4.  In relation to existing contributors and former contributors these regulations have effect—

(a) with the substitution for regulation E19 of the following:

“Benefits of certain persons employed before 1st October 1977

E19.— (1) Subject to paragraph (3), in relation to a person who—

(a) was prospectively entitled under the local Act superannuation provisions to benefits which did not include a lump sum retiring allowance and a pension payable to his widow, and

(b) did not make an election under regulation E19(2) of the 1974 regulations,

Part E has effect subject to the modifications set out in Parts I and III of Schedule 11.

(2) In relation to a person who—

(a) was prospectively entitled under the local Act superannuation provisions to benefits which did not include a lump sum retiring allowance, and

(b) did not make an election under regulation E19(2) of the 1974 regulations,

Part E has effect subject to the modifications set out in Parts II and III of Schedule 11.

(3) In relation to a person falling within paragraph (1)(a) and (b)—

(a) who—

(i) immediately before 1st October 1977 was not married, and

(ii) has first married on or after that date, and

(iii) from the day on which he first became a pensionable employee has continued without a break of 12 months or more to contribute to the superannuation fund maintained by the Common Council, and

(iv) at any time while, during the period of 3 months after first marrying, he is a pensionable employee under any City of London employing body, by notice in writing given to the Common Council elects to be treated as a person falling within paragraph (2)(a) and (b), or

(b) who made a similar election under regulation E19 of the 1974 regulations,

Part E has effect subject to the modifications set out in Parts II and III of Schedule 11.

(4) In this regulation “the local Act superannuation provisions” and “City of London employing body” have the same meanings as in the Local Government Superannuation (City of London) Regulations 1977.”; and

(b) with the substitution for Schedule 11 of the following:

Regulation E19

“SCHEDULE 11 MODIFICATIONS TO PART E WHERE NO RIGHT TO RETIRING ALLOWANCE ETC.

PART I

1.   In regulation E3(1), for the words “one eightieth” substitute “one sixtieth”.

2.   For regulation E6(2) substitute:

“(2) Subject to paragraphs (3) and (4), the amount of a widow's long-term pension is the aggregate of—

(a) one four hundred and eightieth of her husband's pensionable remuneration multiplied by the length in years of his reckonable service before 1st April 1972, and

(b) one one hundred and sixtieth of his pensionable remuneration multiplied by the length in years of his reckonable service after 31st March 1972.”.

3.   In regulation E8—

(a) in paragraph (1), delete the words "and then a children's long-term pension";

(b) delete paragraph (2); and

(c) in paragraph (4), delete the words “or paragraph (2)”.

PART II

4.   For regulation E3(1) substitute:

“(1) Subject to paragraphs (12) to (16), and to regulation E29, the annual rate of a person's retirement pension is the aggregate of—

(a) one seventieth of his pensionable remuneration multiplied by the length in years of his reckonable service before 1st April 1972, and

(b) one sixtieth of his pensionable remuneration multiplied by the length in years of his reckonable service after 31st March 1972.”.

5.   In regulation E6—

(a) for paragraph (2) substitute:

“(2) Subject to paragraphs (2A) to (4), the amount of a widow's long-term pension is the aggregate of—

(a) three tenths of the retirement pension to which her husband was or would have been entitled at the time of his death in respect of his reckonable service before 1st April 1972, and

(b) one four hundred and eightieth of his pensionable remuneration multiplied by the length in years of his reckonable service before 1st April 1972, and

(c) one one hundred and sixtieth of his pensionable remuneration multiplied by the length in years of his reckonable service after 31st March 1972.”; and

(b) after paragraph (2) insert:

“(2A) Where—

(a) the widow's age at the date of her husband's death was less than his and she has no eligible child, or

(b) her age at the date of her husband's death was greater than his,

the amount calculated under paragraph (2)(a) is to be reduced or increased by an amount certified by an actuary to be just.”.

6.   After regulation E8(3) insert:

“(4) Where a widow's long-term pension is payable under regulation E5, no children's long-term pension is payable until the day after the widow's death.”.

7.   In regulation E9—

(a) for paragraphs (3) and (4) substitute:

“(3) Subject to paragraph (4), the amount of a children's long-term pension is the aggregate of—

(a) three tenths of the retirement pension to which the deceased was or would have been entitled at the time of his death in respect of his reckonable service before 1st April 1972, and

(b) one four hundred and eightieth of his pensionable remuneration multiplied by the length in years of his reckonable service before 1st April 1972, and

(c) one one hundred and sixtieth of his pensionable remuneration multiplied by the length in years of his reckonable service after 31st March 1972.

(4) For the purposes of calculating the amount of a children's long-term pension under paragraph (3) no account shall be taken of reckonable service before attaining the age of 60 years beyond a total of 40 years; and any reckonable service which is accordingly to be left out of account shall be taken from the beginning of the husband's reckonable service.”; and

(b) in paragraph (5), for the words from “then” to the end of the paragraph substitute "the annual rate of the pension is to be reduced by the amount of the excess

PART III

8.   In regulation E2(1), delete the words “and a lump sum retiring allowance”.

9.   In regulation E3, delete paragraphs (2) to (11).

10.   For regulation E6(3) and (4) substitute:

“(3) Where regulation E5(1)(c) applies, for the purpose of calculating the amount of a widow's long-term pension under paragraph (2) her husband shall be treated as having on the date of his death become entitled to benefits under regulation E2(1)(b)(i) (permanent ill-health etc.) and to reckon an additional period as reckonable service accordingly.

(4) For the purpose of calculating the amount of a widow's long-term pension under paragraph (2) no account shall be taken of reckonable service before attaining the age of 60 years beyond a total of 40 years; and any reckonable service which is accordingly to be left out of account shall be taken from the beginning of the husband's reckonable service.”.

11.   In regulation E11—

(a) for paragraph (2) substitute:

“(2) Paragraph (1) applies in relation to any retirement pension except one to which a person became entitled by virtue of regulation E2(2).”;

(b) in paragraphs (4)(b) and (5)(a), for the words “and paragraph (2)(b) apply” substitute “applies”;

(c) in paragraph (5)(b), for the words “and paragraph (2)(a) apply” substitute “applies”;

(d) in paragraph (5), for the words from "the greater of' to the end of the paragraph substitute

“the greater of

”;

(e) delete paragraphs (6), (7) and (9);

(f) in paragraph (10), for the words “and paragraph (2)(b) apply” substitute “applies”;

(g) in paragraph (12), delete the words “Subject to paragraph (13)”; and

(h) delete paragraph (13).

12.   In regulation E17, delete paragraph (6)(a)(iii) and (v).”.