Regulation 9(3) and 125(1)
| Description of membership | Purposes for which membership does not count | Relevant Notes |
|---|---|---|
Notes: (1) For paragraph 2, a relevant member is a member who – (a) has entered the employment of a Scheme employer or former local authority after becoming entitled to payment of a pension benefit (other than a benefit under the National Insurance Act (Northern Ireland) 1966); or (b) has entered such employment after becoming entitled to a benefit under regulation 33 and has not made an election under regulation 34(1) (or, in a case where he was able to do so, gave notice under regulation D12(1)(c) of the 2000 Regulations (retention of entitlement to preserved benefits)), and the relevant benefit for a relevant member is the benefit mentioned in paragraph (a) or, as the case may be, paragraph (b). (2) Paragraph 2 applies to a maternity rights returner – (a) unless she has made an election under regulation 34(1); (b) in a case where she was able to give notice under regulation D12(1)(c) of the 2000 Regulations (retention of entitlement to preserved benefits), if she did so. (3) Any membership, which is excluded by paragraph 3 or 4(a) for calculating the amount of a death grant under regulation 41 in a case where a pension is reduced under regulation 44, is taken from the beginning of the period of membership. (4) A period which – (a) is the excess of any enhanced membership period counted under regulation 30 (ill-health) over the total membership otherwise; or (b) is counted by virtue of regulation F6(1)(a) of the 1992 Regulations (war service), counts as membership before attaining the age of 60 for calculating the amount of any benefit under regulations 18 to 36. (5) For paragraphs 3 and 4 the total membership includes any earlier period which was taken into account in the calculation of a retirement pension or an annual pension under the former regulations. | ||
1. A credited period which is counted as a period of membership under regulation 125(1) or was counted under any corresponding earlier provision and is counted under regulation 8(1)(d). | Calculating total membership for paragraph 2, 4, 5 or 6(1) of Schedule 4 (and see regulation 14(4)). | |
2. Any period which has already been counted to determine whether a relevant member was entitled to the relevant benefit or has been or may be used to calculate its amount. | All regulations. (but see regulation 34(5)(b). | (1) and (2) |
3. So much of a Class A member’s total membership as exceeds 40 years. | Calculating the amount of any benefit under the Regulations. | (3) to (5) |
4. So much of the total membership of a Class B member or Class C member as – (a)is membership before he attains the age of 60 and exceeds 40 years, or (b)exceeds 45 years. | Calculating the amount of any benefit under the Regulations. | (3) to (5) |
5. So much of the membership of a member as respects whom an amount is recovered or retained under regulation 116 (misconduct obligations) as requires to be excluded to reduce the value referred to in regulation 116(2)(b) by that amount. | Calculating the amount of any benefit under regulations 18 to 36. | |