Local Government (Superannuation) (Interchange) Regulations (Northern Ireland) 1998

Application to benefits in respect of former employment

24.—(1) Except as provided by paragraph (2), no provision of these regulations shall apply to any person to whom at any time before 16th November 1998 any benefit (including a return of contributions and any pension payable to a widow or widower or any dependant by virtue of a surrender) was being paid or became or might become payable if—

(a) he is placed by that provision in a worse position than he would have been in if it had not applied in relation to that benefit; and

(b) that provision applies in relation to a benefit paid or payable in respect of a person who—

(i) ceased before 16th November 1998 to hold an employment in respect of which he was a pensionable employee (whether or not he has subsequently recommenced any such employment); or

(ii) died before that date while still in such an employment; and

(c) the first-mentioned person, by notice in writing given to the Committee within 3 months after 16th November 1998, elects that that provision shall not apply in relation to that benefit.

(2) If such an election as is mentioned in paragraph (1) above is made in relation to a benefit which was being paid or became or might become payable in respect of a person who is employed in a local government employment, or if that person subsequently recommences service in such an employment, then—

(a) the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued—

(i) by virtue of periods of service rendered before the cessation referred to in paragraph (1) (or, if there has been more than one cessation, the last of them before 16th November 1998); or

(ii) by virtue of contributions paid in respect of any such periods of service; and

(b) in determining entitlement to, or the amount of, the benefit to that extent, he shall (without prejudice to the application of this paragraph) be treated as if he had never recommenced service in such employment at any time after the cessation referred to in sub-paragraph (a);

and the provision in question shall apply accordingly.