The Local Government Pension Scheme Regulations 1995

  1. Introductory Text

  2. PART A PRELIMINARY

    1. A1.Citation and commencement

    2. A2.Interpretation

  3. PART B MEMBERSHIP

    1. Eligibility

      1. B1.General eligibility of employees of LGPS employers

      2. B2.Age restrictions: meaning of “latest retirement age” and “LRD”

      3. B3.Restrictions by reference to working hours: “part-time” and “variable-time” employees

      4. B4.Certain office-holders etc. to be treated as employees of LGPS employers

      5. B5.Separate employments etc.

      6. B6.Eligibility of employees of certain non LGPS employers

      7. B7.Power to extend eligibility to employees of other bodies (“admission agreements”)

      8. B8.Ineligibility of employees eligible to join other statutory schemes

      9. B9.Other cases of ineligibility

    2. Joining and leaving the Scheme

      1. B10.Applications for membership

      2. B11.Admission to the Scheme

      3. B12.Leaving the Scheme

      4. B13.Rejoining the Scheme

    3. Membership periods

      1. B14.Periods of membership: “total period of membership”

      2. B15.Length of period of membership: calculation of benefit

      3. B16.Special power of employing authority to increase period of membership.

      4. B17.Special power of City of London bodies to increase period of membership

  4. PART C MEMBERS' CONTRIBUTIONS

    1. Preliminary definitions

      1. C1.Meaning of “appropriate pension fund”

      2. C2.Meaning of “remuneration”

      3. C3.Meaning of “normal retirement age” and “NRD”

    2. Standard contributions

      1. C4.Member’s standard contributions

    3. Effect of absences on contributions

      1. C5.Leave of absence from duty

      2. C6.Maternity absence

      3. C7.Absence owing to trade dispute

      4. C8.Absence on reserve forces service

    4. Additional payments to improve benefits

      1. C9.Payments to increase membership: calculation of all benefits

      2. C10.Maximum length of additional periods to be purchased under regulation C9

      3. C11.Amounts of payments under regulation C9

      4. C12.Purchase by part-time employees of additional periods under regulation C9

      5. C13.Payments to avoid reduction of retirement grant and death grant

      6. C14.Payments to increase widower’s pension by counting membership before 6th April 1988

      7. C15.Amounts of payments under regulations C13 and C14

      8. C16.Further provisions as to making of payments under regulations C13 and C14

      9. C17.No elections to make payments after 64

    5. Incomplete payments and return of contributions

      1. C18.Notice to discontinue payments

      2. C19.Uncompleted periodical payments

      3. C20.Effect of opting out of membership on certain additional payments

      4. C21.Return of member’s contributions in certain cases

      5. C22.Meaning of “aggregate amount of contributions” for purposes of regulation C21

      6. C23.Effect of return to local government on right to a return of contributions

    6. AVCs

      1. C24.Additional voluntary contributions

    7. Deduction and recovery of contributions

      1. C25.Deduction and recovery of member’s contributions

      2. C26.Statements as to remuneration not received from employing authority

    8. Limitations on payments

      1. C27.Limitation of payments

    9. Provisions concerning continuing payments under old legislation

      1. C28.Provisions concerning outstanding payments due under previous regulations

  5. PART D RETIREMENT BENEFITS

    1. Preliminary definitions

      1. D1.“Pensionable remuneration”

      2. D2.“Standard retirement pension” and “standard retirement grant”

      3. D3.“Statutory pension entitlement”

      4. D4.References to members leaving employment to include optants-out

    2. Entitlement to immediate payment of benefits on retirement

      1. D5.Retirement on or after NRD

      2. D6.Early entitlement to retirement benefits: redundancy etc.

      3. D7.Early entitlement to retirement benefits: ill-health

      4. D8.Ill-health retirement grants

      5. D9.Retirement at or after 60 but before NRD

      6. D10.No double entitlement.

    3. Entitlement to deferred benefits: (“preserved benefits”)

      1. D11.Entitlement to deferred retirement benefits (“preserved benefits”)

      2. D12.Further provisions about preserved benefits

    4. Adjustments to standard benefits

      1. D13.Reduction of pensions payable early by virtue of elections etc.

      2. D14.Surrender of part of retirement pension in favour of spouse or dependant

      3. D15.Adjustments to retirement pensions and grants for certain re-employed pensioners

      4. D16.Reduction of retirement pensions of certain former teachers.

    5. Overriding provisions (contracting-out and Finance Act requirements, etc.)

      1. D17.Guaranteed minimum pensions for members in contracted-out employment, etc.

      2. D18.Revaluation of guaranteed minimum in certain cases

      3. D19.Equivalent pension benefits

      4. D20.National insurance

      5. D21.Limitations on benefits etc.

  6. PART E DEATH GRANTS

    1. E1.Death of a member

    2. Death of a deferred pensioner

      1. E2.Death grant: deferred pensioners

    3. Death of a pensioner

      1. E3.Death grant: pensioners with 10 years' or more membership

      2. E4.Death grant: pensioners with less than 10 years' membership

      3. E4.(1) If at the time of his death a person—...

    4. General provisions relating to death benefits

      1. E5.Surviving spouse deductions from certain death grants

      2. E6.Adjustments to death grants for certain re-employed pensioners

      3. E7.Part-timers' pensionable remuneration for certain purposes of this Part

  7. PART F SURVIVING SPOUSES' PENSIONS

    1. Death of a member

      1. F1.Member’s spouse’s short-term pension

      2. F2.Member’s spouse’s long-term pension

    2. Death of a deferred pensioner

      1. F3.Deferred pensioner’s spouse’s long-term pension

    3. Death of a pensioner

      1. F4.Pensioner’s spouse’s short-term pension

      2. F5.Pensioner’s spouse’s long-term pension

    4. General provisions relating to surviving spouse’s pensions

      1. F6.Post retirement marriages

      2. F7.Remarriage and cohabitation

      3. F8.Widowers: requirement for post 5th April 1988 service and consequent adjustments to “retirement pension”

      4. F9.Widowers: elections for added years etc.

      5. F10.Adjustments to pensions of surviving spouses of certain-employed pensioners

    5. Contracting-out requirements: GMP rule

      1. F11.Surviving spouse’s guaranteed minimum pension

  8. PART G CHILDREN'S PENSIONS

    1. Preliminary

      1. G1.Meaning of “Child”

      2. G2.Meaning of “eligible child”

    2. Death of a member

      1. G3.Member’s children’s long-term pension

      2. G4.Member’s children’s short-term pension

    3. Death of a deferred pensioner

      1. G5.Deferred pensioner’s children’s long-term pension

    4. Death of a pensioner

      1. G6.Pensioner’s children’s long-term pension

      2. G7.Pensioner’s children’s short-term pension

    5. General provisions relating to children’s pensions

      1. G8.Limitations on entitlement to children’s short-term pensions

      2. G9.Long-term pensions: increase of period of membership in certain cases

      3. G10.Children over 17 in paid training

      4. G11.Discretions as to payment of children’s pensions

      5. G12.Adjustments to children’s pensions for certain re-employed pensioners etc.

  9. PART H GENERAL PROVISIONS CONCERNING BENEFITS

    1. H1.Interest on late payment of certain benefits

    2. H2.National Insurance

    3. H3.Benefits not assignable

    4. H4.Forfeiture of pension rights after conviction of employment-related offences

    5. H5.Commutation: small pensions

    6. H6.Commutation: exceptional circumstances of ill-health

    7. H7.Payments due in respect of deceased persons

    8. H8.Benefits in respect of certain persons employed before April 1974

  10. PART J DETERMINATIONS AND APPEALS

    1. J1.Initial decisions

    2. J2.Decisions as to status of employees

    3. J3.Decisions as to benefits

    4. J4.Notification of decisions

    5. J5.Appeals

  11. PART K INTERCHANGE ETC

    1. Preliminary

      1. K1.Interpretation

    2. Transfers out

      1. K2.Outwards transfers

      2. K3.Time for payment of transfer value under regulation K2

      3. K4.Cases where right to transfer value excluded

      4. K5.Amount of transfer value under regulation K2

      5. K6.Special provision as respects pre-6th April 1988 service

      6. K7.Reductions of the transfer value: unsecured GMPs, pre-1988 service and forfeiture

      7. K8.Minimum transfer values

      8. K9.Modifications where transfer is to club scheme

      9. K10.General provisions about payment of transfer values

      10. K11.Termination of right to payment out of fund authority’s pension fund

      11. K12.Revival of rights for certain Community scheme transferees

    3. Transfers in

      1. K13.Inward transfers of accrued rights from non-local government schemes etc.

      2. K14.Right to count service

      3. K15.Calculation of period of membership allowed under regulation K14(1)(a): non club schemes

      4. K16.Special provision where transfer is from a club scheme

      5. K17.Increase in return of contributions

      6. K18.National insurance modification for flat-rate retirement pension

      7. K19.National insurance modification for graduated retirement pension

    4. Interfund adjustments on changes of local government employment

      1. K20.Change of local government employment and fund authority: “interfund adjustments”

      2. K21.Calculation of interfund adjustment payable under regulation K20

      3. K22.Forfeitures

    5. Transfers of certain members who are eligible to join approved non-local government schemes

      1. K23.Certain members who become subject to other pension schemes in the same employment

      2. K24.Requests for transfer payments: regulation K23 employees and employees of ineligible employers

      3. K25.Application of regulation K24 in case of certain transfers involving admission agreements

    6. Payments for combined benefits

      1. K26.Liability for combined benefits

    7. Transfers to and from Scottish local government employment

      1. K27.Transfers to and from Scotland

    8. Overseas employment

      1. K28.Overseas employment

  12. PART L PENSION FUNDS AND PAYMENTS BY AUTHORITIES

    1. The pension funds

      1. L1.Continuation of existing superannuation funds

      2. L2.Transfer of existing pension funds

      3. L3.Further funds for members covered by admission agreements

    2. Management and investment of funds

      1. L4.Management of pension fund

      2. L5.Use and investment of pension fund’s money

      3. L6.Restrictions on investments

      4. L7.Use of fund money by administering authority

      5. L8.Fund managers

      6. L9.Accounts and audit

    3. Valuations and rates of contributions and adjustments

      1. L10.Valuations of pension fund

      2. L11.Actuary’s certificates

    4. Employers' liability to make payments

      1. L12.Employer’s contributions

      2. L13.Employer’s further payments

      3. L14.Payments by employing authorities to appropriate administering authorities

      4. L15.Extra charges resulting from early retirement of chief officers

    5. Transfers, recovery and retention from funds in misconduct cases

      1. L16.Transfer of sums from the pension fund to compensate for former member’s misconduct

      2. L17.Recovery or retention where former member has misconduct obligation

    6. Certain statutory payments to be met out of appropriate funds

      1. L18.Pension increases and cash equivalents under the Pension Schemes Act 1993

      2. L19.Pension increases under the Pensions (Increase) Acts

      3. L20.State scheme premiums

    7. Modifications of Part L as respects National Rivers Authority funds

      1. L21.Modifications of Part L as respects National Rivers Authority funds

  13. PART M MISCELLANEOUS AND GENERAL PROVISIONS

    1. Modification in special cases

      1. M1.Local government reorganisation

      2. M2.Modifications of regulations in special cases

      3. M3.Modifications applying to certain City of London employees

    2. Information and records

      1. M4.Information to be supplied by certain employees

      2. M5.Records to be kept by authorities

      3. M6.Transmission of documents and information

    3. Supplementary provisions

      1. M7.Right to opt out

      2. M8.Transitional and transitory provisions

      3. M9.Revocations

      4. M10.Consequential amendments

      5. M11.Applications to Isles of Scilly

  14. Signature

    1. SCHEDULE A1

      GENERAL DEFINITIONS

    2. SCHEDULE B1

      LGPS EMPLOYERS

      1. PART I

      2. PART II

        1. 1.The Board of Governors of the Museum of London.

        2. 2.Any other body which is a preaccepting authority, as defined...

        3. 3.A passenger transport executive.

        4. 4.A designated institution which immediately before designation was assisted or...

        5. 5.The governing body of a grant-maintained school, which immediately before...

        6. 6.A company under the control of a body described in...

    3. SCHEDULE B2

      OFFICE-HOLDERS ETC. WITH LGPS EMPLOYERS

      1. 1.For the purposes of these regulations a person who is...

      2. 2.For the purposes of these regulations a person who is...

      3. 3.For the purposes of these regulations a person who has...

      4. 4.(1) For the purposes of these regulations a person who...

      5. 5.(1) For the purposes of these regulations a person who...

      6. 6.A justices' clerk (outside the inner London area) is eligible...

    4. SCHEDULE B3

      ELIGIBILITY FOR MEMBERSHIP: EMPLOYEES ETC. OF NON LGPS EMPLOYERS

      1. 1.(1) An employer of— (a) the governors of any voluntary...

      2. 2.(1) A person who immediately before 1st April 1974 was...

      3. 3.(1) Subject to any order made by the Secretary of...

      4. 4.(1) A person who immediately before 1st April 1974—

      5. 5.(1) Every employee of a subsidiary (other than a public...

      6. 6.(1) Every employee of a public airport company (“the first...

    5. SCHEDULE B4

      BODIES WITH WHOM ADMISSION AGREEMENTS MAY BE MADE

      1. 1.A body (other than the governors or managers of a...

      2. 2.A body representative— (a) of local authorities,

      3. 3.The Housing Corporation.

      4. 4.Housing for Wales.

      5. 5.The Commission for the New Towns.

    6. SCHEDULE B5

      MISCELLANEOUS EXCEPTIONS TO ELIGIBILITY UNDER REGULATION B1

      1. 1.A person is not eligible to be a member of...

      2. 2.A person is not eligible to be a member of...

      3. 3.A person is not eligible to be a member of...

      4. 4.A person appointed under section 9(2) of the Museum of...

      5. 5.A person who is (or is deemed to be) a...

      6. 6.A person is not eligible to be a member of...

      7. 7.A person who is an employee of a body mentioned...

    7. SCHEDULE B6

      RELEVANCE OF MEMBERSHIP FOR PURPOSES OF SCHEME

      1. PART I EXCLUSION OF CERTAIN MEMBERSHIP FOR CERTAIN PURPOSES

        1. 1.Disregard of “superannuable membership” in determining entitlement to benefits

        2. Death grants

          1. 2.The period of membership mentioned in paragraphs (2) and (3)(b)...

        3. Return of contributions: reduction of membership as respects preserved benefits

          1. 3.Where a person has become entitled to preserved benefits and...

        4. Re-employed pensioners: disregard of certain former membership

          1. 4.(1) Subject to Part II of Schedule D5 (combined benefits),...

      2. PART II RELEVANCE OF FORMER AND RELATED MEMBERSHIP FOR CERTAIN PURPOSES

        1. Total period of membership to include former and related membership for some purposes of entitlement etc.

          1. 5.In the following provisions, namely— (a) paragraphs (a) and (b)...

        2. Former “qualifying service”

          1. 6.Any period which any person was immediately before the commencement...

        3. Previous service of certain variable-time employees

          1. 7.In the case of a person who—

        4. Previous service of certain re-employed pensioners

          1. 8.(1) In the case of a person who—

        5. Previous service of certain part-time employees

          1. 9.(1) In the case of a person who—

        6. Transfers in

          1. 10.Any period which a person is entitled to count under...

        7. Excluded periods

          1. 11.Paragraph 4(5) and (7) have effect as respects the counting...

    8. SCHEDULE C1

      APPROPRIATE PENSION FUND

      1. PART I PERSONS WHOSE FUND IS THE PENSION FUND MAINTAINED BY LONDON PENSIONS FUND AUTHORITY

        1. 1.A person who— (a) is an employee of a London...

        2. 2.A person who— (a) is eligible to be a member...

        3. 3.A person who— (a) is eligible to be a member...

      2. PART II FUNDS MAINTAINED BY MISCELLANEOUS AUTHORITIES

        1. 4.In relation to an employee of the Commission for Local...

        2. 5.In relation to a person who— (a) is eligible to...

        3. 6.(1) Subject to regulation C1(2), in relation to a member...

        4. 7.In relation to an employee of a body the greater...

        5. 8.In relation to an employee of a body the greater...

    9. SCHEDULE C2

      FURTHER PROVISIONS CONCERNING MEANING OF “REMUNERATION”

      1. Part-timers

        1. 1.For the purpose of calculating a member’s standard contributions under...

      2. Statutory payments during absence

        1. 2.Subject to paragraph 3(b), for the purpose of calculating a...

        2. 3.For the purposes of regulation C6— (a) a woman’s remuneration...

        3. 4.In regulation C7 “remuneration” does not include any guarantee payment...

        4. 5.For the purpose of calculating the amount of any benefit...

      3. Additional periodical payments: “remuneration for the time being”

        1. 6.(1) Subject to sub-paragraph (2), for the purposes of regulations...

      4. Motor vehicles

        1. 7.Where a member’s contribution under regulation C2 or C3 of...

      5. Power to agree notional remuneration

        1. 8.(1) A LGPS employer may from time to time enter...

    10. SCHEDULE C3

      APPROPRIATE PERCENTAGES: CALCULATION OF ADDITIONAL PAYMENTS

      1. PART 1 PAYMENTS UNDER REGULATION C11

      2. PART II LUMP SUM COST OF EACH ADDED YEAR WHICH CANNOT BE BOUGHT BY ANNUAL CONTRIBUTIONS BECAUSE OF THE 15 PER CENT. LIMITS

      3. PART III PAYMENTS UNDER REGULATION C15

    11. SCHEDULE C4

      ADDITIONAL VOLUNTARY CONTRIBUTIONS

      1. Making and variation of elections

        1. 1.(1) An election by a member to pay contributions under...

      2. Payment and amount of AVCs

        1. 2.(1) The appropriate administering authority may require, before any contributions...

        2. 3.No contributions shall be payable under regulation C24 with respect...

        3. 4.Contributions under regulation C24 shall normally be payable on the...

      3. Functions of employing and administering authorities

        1. 5.(1) As soon as an employing authority receive a notice...

        2. 6.(1) Where a notice under paragraph 1 specifies that all...

        3. 7.(1) The administering authority shall invest with a relevant body...

        4. 8.The benefits under a pension policy entered into under paragraph...

        5. 9.The administering authority— (a) shall consult the member before entering...

      4. Changes of employment in which membership is continued

        1. 10.(1) If a member— (a) ceases to be employed by...

        2. 11.As soon as the new employing authority receive a notice...

        3. 12.(1) Subject to sub-paragraph (2), the member shall, with effect...

        4. 13.If the member’s appropriate administering authority in the two employments...

        5. 14.If the authorities which are the member’s appropriate administering authorities...

        6. 15.(1) Paragraphs 7(2) and 10 to 17 shall have effect...

      5. Cessation of membership or employment

        1. 16.(1) Where a person who has given notice under paragraph...

        2. 17.Where a person receives a refund under regulation C21 as...

        3. 18.Paragraph 3 shall not preclude a member who has again...

      6. Separate treatment of AVCs from other contributions

        1. 19.(1) Regulations C21 and C23 (return of contributions), L4(1) and...

        2. 20.The making of contributions under regulations C24, and any rights...

      7. Inward transfer of AVC right

        1. 21.(1) A member may, when giving a notice under regulation...

      8. Over-provision: calculation and return of surplus funds

        1. 22.(1) The administering authority shall comply— (a) with the requirements...

      9. Supplemental

        1. 23.In this Schedule— “insurance company” means— a body authorised under...

    12. SCHEDULE C5

      LIMITATIONS ON CONTRIBUTIONS AND BENEFITS

      1. PART I GENERAL

        1. “Class A members”, “Class B members” and “Class C members”

          1. 1.(1) In this Schedule, unless the context otherwise requires— “member”...

        2. Remuneration of Class A members: “permitted maximum”

          1. 2.(1) Subject to paragraph 6, in determining the remuneration of...

      2. PART II LIMITATIONS ON CONTRIBUTIONS

        1. General 15 per cent. limitation

          1. 3.(1) Subject to paragraph 4, the total contributions to which...

        2. Excess contributions payable by lump sum: Class B and C members

          1. 4.(1) If the aggregate of the following amounts payable by...

        3. Additional voluntary contributions

          1. 5.The amount of the contributions payable under regulation C24 in...

      3. PART III LIMITATIONS ON BENEFITS

        1. Restrictions on “pensionable remuneration”: Class A members with transferred-in membership

          1. 6.Where regulation 5(2) of the Retirement Benefits Schemes (Continuation of...

        2. Pensionable remuneration: retirement grants for Class B members

          1. 7.For the purpose of calculating the retirement grant of a...

        3. Restrictions on membership period used for calculating amounts of benefits

          1. 8.(1) For the purpose of calculating the amount of any...

          2. 9.Where the aggregate length of— (a) the total period of...

        4. Death grants

          1. 10.(1) Subject to sub-paragraph (2), for the purpose of calculating...

    13. SCHEDULE C6

      PROVISIONS CONCERNING OUTSTANDING PAYMENTS DUE UNDER PREVIOUS REGULATIONS

      1. Continuation of certain payments

        1. 1.(1) Without prejudice to the provisions of the Interpretation Act...

      2. Counting of extra membership periods on completion of payments begun under earlier provisions

        1. 2.Without prejudice to paragraph 7 of Schedule M4—

      3. Part-timers buying additional periods

        1. 3.(1) Notwithstanding any other provision in these regulations, where immediately...

      4. Payments in respect of previous part-time service

        1. 4.Without prejudice to the previous provisions of this Schedule, the...

      5. Additional payments by certain members in respect of previous service

        1. 5.Without prejudice to the previous provisions of this Schedule—

        2. 6.(1) Without prejudice to the previous provisions of this Schedule,...

      6. Incomplete payments under provisions saved by this Schedule

        1. 7.(1) Regulation C20 (effect of opting out of membership on...

        2. 8.Regulation C19(7) shall apply to a person who has given...

      7. Continuing provision relating to payments originally made under the 1974 regulations

        1. 9.(1) Without prejudice to paragraph 1, Schedule 5 to the...

      8. Reduction of added years

        1. 10.Notwithstanding the revocation of regulation D8 (reduction of added years...

      9. Reduction of returned contributions in certain cases

        1. 11.Notwithstanding the revocation of regulation C15 of the 1986 regulations...

    14. SCHEDULE D1

      FURTHER PROVISIONS ABOUT PENSIONABLE REMUNERATION

      1. Increase of pensionable remuneration where not all relevant period is a period of membership

        1. 1.(1) Where a person is entitled to count as a...

      2. Optional alternative relevant periods

        1. 2.(1) Where the circumstances mentioned in any of paragraphs 3...

        2. 3.Subject to paragraphs 4 and 5, where a person is...

        3. 4.(1) Where a reduction in a member’s remuneration is certified...

        4. 5.Where the member’s pensionable remuneration would be higher if either...

      3. Periods of absence

        1. 6.If during the 13 years ending with the day mentioned...

      4. Part-timers

        1. 7.Subject to regulations E7 and F1(3) and paragraph 10(2) of...

      5. Multiple employments

        1. 8.Where— (a) a person was at any time employed in...

      6. Fee earners

        1. 9.Where the whole or a part of the member’s remuneration...

      7. Employees with notional remuneration

        1. 10.(1) Where— (a) any of a member’s remuneration during the...

    15. SCHEDULE D2

      RETIREMENT GRANTS

      1. PART I PRESERVATION OF RIGHT UNDER 1974 REGULATIONS TO INCREASES IN STANDARDS RETIREMENT GRANTS

        1. 1.(1) Where, but for the revocation of the 1974 regulations,...

      2. PART II REDUCION IN STANDARD RETIREMENT GRANT ON ACCOUNT OF CONTINGENT SPOUSE'S PENSION

        1. 2.Subject to paragraph 5, where— (a) a person who is...

        2. 3.(1) Subject to paragraph 5, where— (a) a woman has...

        3. 4.(1) Subject to paragraph 5 and 6, where—

        4. 5.In calculating any reduction under paragraph 2, 3 or 4,...

        5. 6.No reduction is to be made under paragraph 4(1) where...

    16. SCHEDULE D3

      ADDITIONAL MEMBERSHIP IN CASES OF ILL-HEALTH

      1. Relevant service and relevant membership period

        1. 1.(1) For the purposes of this Schedule—

      2. Calculation of additional membership period

        1. 2.(1) Subject to paragraphs 3 and 4, the additional membership...

      3. Alternative additional periods

        1. 3.(1) Subject to paragraph 4, where before entering the employment...

      4. Part-timers

        1. 4.(1) Where— (a) the whole of a member’s relevant membership...

    17. SCHEDULE D4

      PROCEDURE FOR SURRENDER OF PART OF RETIREMENT PENSION

      1. 1.The appropriate administering authority shall send to each person who...

      2. 2.(1) Subject to sub-paragraph (3), where a person wishes to...

      3. 3.(1) Subject to sub-paragraphs (2) and (3), where the appropriate...

      4. 4.(1) Subject to the provisions of this Schedule, unless—

      5. 5.A person who has given a notification under paragraph 2...

      6. 6.(1) A notification given by a person under paragraph 2...

    18. SCHEDULE D5

      RE-EMPLOYED PENSIONERS

      1. PART I REDUCTION OF RETIREMENT PENSION

        1. Application of Part I

          1. 1.(1) Subject to sub-paragraph (3), this Part of this Schedule...

        2. General reduction rule

          1. 2.Subject to paragraphs 3, 7 and 9, while the person...

          2. 3.Where within the last 12 months of the former employment...

          3. 4.In paragraphs 2 and 3— (a) references to the indexed...

          4. 5.(1) For the purposes of this Part of this Schedule,...

        3. Alteration of terms in new employment

          1. 6.If— (a) the person’s contractual hours in a new employment...

        4. Proportional reduction in cases of two or more pensions

          1. 7.If this Part of this Schedule applies to two or...

        5. Duty to inform employers of application of Part I

          1. 8.A person who has become entitled to a retirement pension...

        6. Modification of Part I for old cases

          1. 9.Where the new employment commenced before 6th January 1986, paragraph...

      2. PART II COMBINED BENEFITS

        1. Election for application of Part II

          1. 10.(1) Subject to sub-paragraph (1) and paragraphs 11 and 15,...

        2. New entitlement to single pension

          1. 11.(1) Subject to paragraphs 12 to 14, a person to...

          2. 12.If in conjunction with the first pension the person was...

          3. 13.If— (a) the first pension was, and

          4. 14.If part of the first pension was surrendered under regulation...

          5. 15.In relation to a person who— (a) before 1st April...

      3. PART III SEPARATE BENEFITS

        1. Application of Part III

          1. 16.(1) This Part of this Schedule applies to a person...

        2. Modifications to usual benefit rules

          1. 17.(1) If— (a) on the person’s ceasing to hold an...

        3. Benefits on and after death

          1. 18.(1) Subject to sub-paragraph (2), if when the person dies...

      4. PART IV SURVIVING SPOUSES' AND CHILDREN'S BENEFITS

        1. 19.(1) This paragraph applies where— (a) a person was entitled...

        2. 20.Where— (a) a person was entitled to a superannuation allowance...

        3. 21.(1) Where— (a) a surviving spouse is entitled to a...

        4. 21.(1) Where— (a) a surviving spouse is entitled to a...

    19. SCHEDULE D6

      REDUCTION OF RETIREMENT PENSIONS OF CERTAIN FORMER TEACHERS

      1. Preliminary

        1. 1.In this Schedule— “the Teachers' Acts” means section 9 of...

      2. Deduction for teachers' pension payments

        1. 2.(1) Where a person becomes entitled to a retirement pension...

      3. Treatment of capital sums and returns of contributions

        1. 3.(1) Subject to paragraph 4, where any sum in the...

        2. 4.(1) If— (a) after paragraph 3(2) has become applicable in...

        3. 5.(1) If, after paragraph 3(2) has become applicable in relation...

        4. 6.In determining for the purpose of paragraph 2(1) any person’s...

        5. 7.Any reference in this Schedule to the date on which...

    20. SCHEDULE F1

      ELECTIONS AS RESPECTS WIDOWERS' PENSIONS ETC.

      1. 1.(1) A married woman who— (a) was a member on...

      2. Elections under regulation E12 of the 1986 regulations

        1. 2.(1) Where any woman— (a) duly elected under regulation E12(1)(b)...

        2. 3.Where a woman died before 6th April 1988, Part G...

    21. SCHEDULE H1

      MODIFICATIONS AS RESPECTS CERTAIN PRE APRIL 1974 EMPLOYEES

      1. PART I WHERE NO RIGHT TO RETIREMENT GRANT

        1. 1.In regulation D2— (a) in paragraph (1)(a), for the words...

        2. 2.In regulations D5, D6(1) and D7(1)— (a) omit paragraph (ii),...

        3. 3.In regulation D9(1) omit paragraph (b) and the word “and”...

        4. 4.In regulation D11(1) omit the words “and a standard retirement...

        5. 5.In regulation E3— (a) in paragraph (1)(a) after “pension” insert...

        6. 6.Omit Schedule D2.

        7. 7.In Part III of Schedule D5 (re-employed pensioners: separate benefits)...

      2. PART II WHERE NO RIGHT TO WIDOW'S PENSION

        1. 8.In regulation E3(2) omit the words from “reduced” onwards.

        2. 9.Omit Schedule D2.

      3. PART III WHERE NO RIGHT TO RETIREMENT GRANT OR WIDOW'S PENSION

        1. 10.In regulations E1(2) and E2(2) omit the words from “less”...

        2. 11.For regulations E3 and E4 substitute— Death of a pensioner....

        3. 12.Omit regulation E5.

        4. 13.In regulation F2— (a) in paragraph (1) for “spouse” and...

        5. 14.In regulation F3— (a) in paragraph (1) for “spouse” and...

        6. 15.In regulation F5— (a) in paragraph (1) for “spouse” and...

        7. 16.Omit regulations F6(2) and F8(2) and (3).

        8. 17.Omit regulations G3, G5 and G6.

        9. 18.In regulation G7(1)(a) omit “(or pension under regulation D19)”.

    22. SCHEDULE K1

      REVIVAL OF RIGHTS FOR CERTAIN COMMUNITY SCHEME TRANSFEREES

      1. Persons to whom this Schedule applies

        1. 1.(1) This Schedule applies where— (a) a person became employed...

      2. Persons who ceased local government employment before April 1972

        1. 2.(1) Where the person ceased to be employed in his...

      3. Persons who ceased local government employment after March 1972

        1. 3.Where— (a) the person ceased to be employed in his...

        2. 4.(1) Where— (a) the person ceased to be employed in...

        3. 5.Paragraphs 3 and 4 shall not confer any right to—...

      4. Interpretation of references those claiming through a person

        1. 6.For the purposes of this Schedule references to those claiming...

    23. SCHEDULE M1

      EMPLOYEES AFFECTED BY REORGANISATION UNDER LOCAL GOVERNMENT ACTS ETC.

      1. Preliminary

        1. 1.In this Schedule, unless the context otherwise requires— “Health Service...

      2. Continuity of employment and preservation of status

        1. 2.(1) Subject to sub-paragraph (2)— (a) these regulations have effect,...

      3. Discretionary powers

        1. 3.(1) Where— (a) a transferred employee has continued in the...

      4. Contributions of transferred manual workers

        1. 4.A transferred employee who immediately before he was transferred (whether...

      5. Former employees of Manchester Corporation

        1. 5.(1) Where a transferred employee— (a) was immediately before he...

      6. Transferees under section 18(4)(a) of the National Health Service Reorganisation Act 1973

        1. 6.(1) Subject to sub-paragraphs (3) and (4), where a person...

      7. Transfers under the Local Government Act 1985 meaning of “previous fund authority”

        1. 7.Where the previous fund authority for the purposes of regulation...

    24. SCHEDULE M2

      MODIFICATION IN SPECIAL CASES

      1. Preliminary

        1. 1.(1) References in this Schedule to these regulations applying to...

      2. Employees of magistrates' courts committees

        1. 2.(1) In their application to a person employed by a...

      3. Certain employees of the magistrates' courts committee for the inner London area

        1. 3.(1) In their application to a person who is eligible...

      4. Employees of probation committees

        1. 4.(1) In their application to a person employed by a...

      5. Coroners

        1. 5.In their application to a coroner who is a member...

        2. 6.Certain former contributory employees

      6. Former clerks of the peace etc.

        1. 7.(1) A person— (a) to whom paragraph 13(2) of Schedule...

      7. Persons entitled before 1st April 1974 to preserved benefits

        1. 8.In the case of a person who is entitled to...

    25. SCHEDULE M3

      MODIFICATIONS APPLYING TO CERTAIN CITY OF LONDON EMPLOYEES

      1. PART I MODIFICATION APPLYING TO ALL RELEVANT EMPLOYEES SUBSTITUTED PARAGRAPH 6 OF SCHEDULE M1

        1. 1.For paragraph 6 of Schedule M1 substitute— Persons transferred to...

      2. PART II MODIFICATIONS APPLYING TO BOTH EXISTING AND FORMER CONTRIBUTORS

        1. 2.For any reference to one of the following expressions substitute...

        2. 3.In relation to an existing contributor or former contributor who...

        3. 4.For regulation H8 substitute— Benefits of certain persons employed before...

      3. PART III SUBSTITUTED SCHEDULE H1

    26. SCHEDULE M4

      TRANSITIONAL AND TRANSITORY PROVISIONS

      1. PART I GENERAL PROVISIONS

        1. 1.In this Schedule “the revoked instruments” means the statutory instruments...

        2. 2.(1) The substitution of these regulations for the revoked instruments...

        3. 3.Where— (a) these regulations revoke a provision (“the commencement provision”)...

        4. 4.(1) The revocation by these regulations of any provision previously...

        5. 5.Where by virtue of Part II of this Schedule a...

      2. PART II SPECIFIC PROVISIONS

        1. Membership

          1. 6.(1) References in these regulations to a member shall have...

        2. Existing reckonable service etc.

          1. 7.Without prejudice to any other provision in these regulations, any...

        3. War service

          1. 8.The revocation of Part F (war service) and regulation N4...

        4. Regulation E2(1)(d) of the 1986 regulations: continued entitlement for transitional period

          1. 9.The revocation of regulation E2(1)(d) of the 1986 regulations (entitlement...

        5. Remuneration

          1. 10.(1) Nothing in these regulations shall affect the meaning of...

        6. Continuation of options under regulation S2 of the 1986 regulations

          1. 11.Nothing in these regulations shall affect the rights of any...

        7. Continuation of savings for gratuities and policy schemes affected by local government reorganisation etc.

          1. 12.(1) The revocation of regulation H3 of the 1986 regulations...

        8. Resolutions

          1. 13.Where by virtue of any provision fo these regulations which...

        9. Discretionary additional benefits for certain female nursing staff

          1. 14.Notwithstanding the revocation of regulations E2(3) and E13 of the...

      3. PART III CONTINUATION OF SAVINGS IN STATUTORY INSTRUMENTS AMENDING THE 1986 REGULATIONS

        1. 15.(1) No provision of these regulations which is derived from...

        2. 16.No provision of these regulations which is derived from a...

        3. 17.(1) Nothing in the Local Government Superannuation (Interchange) Regulations 1991...

        4. 18.(1) Subject to sub-paragraph (2), where any person duly elected...

        5. 19.(1) Subject to sub-paragraph (2), where any person duly elected...

        6. 20.(1) Where an administering authority made an admission agreement under...

        7. 21.Nothing in these regulations shall affect the right of any...

    27. SCHEDULE M5

      SUBORDINATE LEGISLATION REVOKED

    28. SCHEDULE M6

      CONSEQUENTIAL AMENDMENTS

      1. 1.After paragraph (2)(b) of regulation 3 of the Local Government...

      2. 2.In Part K of the 1986 regulations any reference to...

      3. 3.In regulation L2(2) of the 1986 regulations—

      4. 4.In regulation L5 of the 1986 regulations for “regulation E2”,...

      5. 5.In regulation 4(2) of the Local Government Superannuation (Miscellaneous Provisions)...

      6. 6.(1) In regulation 2(2) of the Local Government Superannuation (Miscellaneous...

      7. 7.In article 5(2)(c) of the Local Government Reorganisation (Pensions etc.)...

      8. 8.In article 6(2)(c) of the Local Government Reorganisation (Pensions etc.)...

      9. 9.In article 7(4)(c) of the London Government Reorganisation (Pensions etc.)...

      10. 10.In the Local Government Superannuation (South Yorkshire Transport Limited) Regulations...

      11. 11.In the Local Government Superannuation (Greater Manchester Buses Limited) Regulations...

      12. 12.In regulation 2 of the Local Government Superannuation (Greater Manchester...

      13. 13.In regulation 10(1) of the Local Government Superannuation (Amendment) Regulations...

      14. 14.(1) In regulation 4 of the Local Government Superannuation (Equality...

  16. Explanatory Note