The Local Government Pension Scheme (Amendment) Regulations 2004

Transitional provisions

42.—(1) Nothing in regulations 6 and 9 will affect the amount of pay or final pay determined in accordance with an agreement made under regulation 13(5) of the principal Regulations prior to 1st April 2004.

(2) This paragraph applies to a member who is an active member on 1st April 2004 and who on that date—

(a) has less than two years' total membership, and

(b) does not have a transfer value credited to him.

(3) Subject to paragraph (4), nothing in these Regulations shall prevent a member to whom paragraph (2) applies from opting to receive a return of contributions (with interest calculated to the date he ceased to be employed) in accordance with regulation 87 of the principal Regulations.

(4) A member to whom paragraph (2) applies is not entitled to receive a return of contributions if—

(a) he is for the time being entitled to be paid, or has been paid, a benefit under Chapter IV of Part II of the principal Regulations; or

(b) he is for the time being entitled to be paid, or has been paid, a benefit under regulation 27(3) of the principal Regulations (ill-health grant),

and a member is not entitled to interest if he would not have been entitled under regulation 87(2) of the principal Regulations.

(5) This paragraph applies to a member, who was a re-employed pensioner member on 1st April 2004, where the member—

(a) has written to the appropriate administering authority within six months of that date to elect that the amendments in these Regulations in relation to regulations 29, 30 and 48 of the principal Regulations do not apply to him; and

(b) has remained in the same employment, unless subject to a transfer, from that date until he retired or died.

(6) Nothing in these Regulations shall prevent a member to whom paragraph (5) applies from electing for a single pension in accordance with regulations 29 and 30 of the principal Regulations.

(7) Nothing in these Regulations shall affect the calculation of benefits under regulation 48 of the principal Regulations in respect of a member to whom paragraph (5) applies.

(8) In relation to deferred members who have become active members again prior to 1st April 2004 (but have not yet made an election under Regulation 32 of the principal Regulations), regulation 32(8A) of the principal Regulations (as inserted by regulation 13 of these Regulations) shall have effect as if “the date that he became an active member again” reads “1st April 2004”.

(9) Nothing in these Regulations shall affect the rights of any person who made an application to an appointed person or to the Secretary of State under regulations 100 or 102 of the principal Regulations before 1st June 2004.

(10) Nothing in these Regulations shall prevent an authority from being obliged to make payments to another authority in accordance with regulation 126 of the principal Regulations (liability for combined benefits), or, in the case of an overdue payment, to pay interest under regulation 82 of the principal Regulations.

(11) So far as it is necessary to give effect to the entitlements in this regulation and to make provision for any matters incidental to them, the principal Regulations shall be treated as if they had continued in effect without the amendments made by these Regulations.