The Local Government Pension Scheme Regulations 1995

Regulation F9.

SCHEDULE F1 ELECTIONS AS RESPECTS WIDOWERS' PENSIONS ETC.

1.—(1) A married woman who—

(a) was a member on 27th July 1989 and has since that date continuously been a member, and

(b) is entitled to count a period of membership before 6th April 1988,

may, subject to sub-paragraph (3) and in accordance with sub-paragraph (4), give notice in writing to the appropriate administering authority of any additional period which she wishes to count for the purposes of calculating any widower’s long-term pension payable in respect of her.

(2) For the purposes of sub-paragraph (1), the reference to a woman having continuously been a member includes a reference to a woman who, having ceased to be a member—

(a) became or becomes a member again within one month of so ceasing, or

(b) became or becomes a member again within one month of returning to work in accordance with section 39 or 41 of the Employment Protection (Consolidation) Act 1978(1) (which confer the right to return to work following pregnancy or confinement).

(3) The additional period of which notice may be given by a woman under sub-paragraph (1) shall not exceed the length of her period of membership which is not, or is not treated for the purposes of regulation F8(3) as being, membership after 5th April 1988.

(4) Notice under sub-paragraph (1) shall be given not later than—

(a) 12 months after the date of her marriage, or

(b) if her husband becomes permanently incapacitated by reason of ill-health or infirmity of mind or body and wholly or mainly dependent on her, 12 months after a medical certificate to that effect is submitted to the appropriate administering authority,

whichever is the later.

(5) The appropriate administering authority may extend either of the time limits referred to in sub-paragraph (4).

(6) Notice given under sub-paragraph (1) shall be irrevocable, but, subject to the provisions of this paragraph, notice may be given on more than one occasion.

(7) Where any person duly gave notice under regulation E6(7) of the 1986 regulations that notice shall be taken for the purposes of these regulations to have been duly given under sub-paragraph (1).

Elections under regulation E12 of the 1986 regulations

2.—(1) Where any woman—

(a) duly elected under regulation E12(1)(b) or (2)(b) of the 1986 regulations (election by wife of dependant and permanently incapacitated husband), or

(b) was a person to whom regulation E12(1)(a) of those regulations (unmarried woman with potentially eligible child) applied immediately before she ceased to be a pensionable employee (within the meaning of those regulations),

then, subject to sub-paragraph (2), the provisions of Part D relating to the amount of the retirement pension and the retirement grant, Parts F and G and paragraph 3 or Schedule B6 apply in relation to her as if she were a man, and where paragraph (a) applies, as if the husband in relation to whom the election was made were a woman.

(2) Paragraph (1) does not apply if—

(a) the woman has given notice under paragraph 1(1) that she wishes to count any of her membership before 6th April 1988 for the purposes of calculating a widower’s long-term pension, or

(b) if she ceases to be married to the husband in respect of whom the election under regulation E12(1) or (2)(b) of the 1986 regulations was made.

3.  Where a woman died before 6th April 1988, Part G only applies in respect of her if—

(a) she was a person to whom regulation E12(1)(a) of the 1986 regulations (unmarried woman with potentially eligible child) applied, or

(b) in respect of whom an election under regulation E12(1)(b) or (2)(b) had effect immediately before her death.

(1)

1978 c. 44; sections 39 and 41 were substituted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 23, Schedule 2.