The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014

Additional contributions

15.—(1) Notwithstanding the revocations effected by regulation 2 of these Regulations (revocation of regulations) the following regulations continue to have effect—

(a) regulation 55 of the 1997 Regulations (payments to increase total membership) as it applies to a member who has elected before 1st April 2008 to make additional contributions to increase total membership by an additional period;

(b) regulation 66(8) of the 1997 Regulations (elections as to use of accumulated value of AVCs prior to 13th November 2001) in respect of a person who made an election under regulation 60(7) of those Regulations (elections to pay AVCs) before 13th November 2001;

(c) regulation 83 of the 1997 Regulations (discontinuance of additional contributions) in respect of a person to whom sub-paragraph (a) applies; and

(d) regulations 14 (election in respect of additional pension)(1), 14A (election to pay additional contributions: survivor benefits)(2) and 15 (elections to pay AVCs)(3) of the Benefits Regulations and regulations 23, 24, 24A, 24B, 25, 26, 27 and 28 of the Administration Regulations (payment, discontinuance and use etc of additional contributions and AVCs)(4) as they apply to a member who has elected before 1st April 2014 to pay additional contributions or additional voluntary contributions under those regulations.

(2) Benefits accrued under the regulations preserved by paragraph (1) must be calculated using the normal retirement age under the 2008 Scheme and treated as benefits under that Scheme.

(3) Notwithstanding regulation 17(11) of the 2013 Regulations (additional voluntary contributions), a person to whom regulation 5(1) applies (membership of the 2014 Scheme) who has had no continuous break in active membership of a public service pension scheme of more than five years, may elect not to transfer the realisable value in any deferred AVC account to an arrangement under regulation 17 of the 2013 Regulations.

(4) Regulation 33(2) of the 2013 Regulations (election for lump sum instead of pension) is modified as regards any AVC arrangement entered into by a member before 1st April 2014 by the substitution of the words “including those under regulation 17(7)(a)” for the words “excluding those under regulation 17(7)(a)”.

(5) For the purposes of paragraph (4), an AVC arrangement is to be regarded as having been entered into on whichever is the earlier of the date the AVC election form was received by the administering authority or the date the AVC election form was received by the Scheme employer.

(1)

Regulation 14 was amended by S.I. 2010/2090.

(2)

Regulation 14A was inserted by S.I 2009/3050; it has been amended by S.I. 2010/2090 and 2012/1989.

(3)

Regulation 15 was amended by S.I. 2010/2090.

(4)

Regulations 24A and 24B were inserted by S.I. 2009/3150; regulation 26 has been amended by S.I. 2010/2090.