The Local Government Superannuation Regulations 1986

Increase of reckonable service at discretion of employing authority

D7.—(1) Subject to paragraphs (2) and (3), if the employing authority are satisfied that, having regard to the interests of the efficient exercise of their functions, there are exceptional reasons for doing so, they may resolve to add an additional period to a pensionable employee's reckonable service.

(2) A resolution under paragraph (1) may be passed before or within 6 months after the person becomes a pensionable employee in the authority's employment, but not after he has attained the age of 59 years unless he did so after becoming such an employee.

(3) The additional period is to be specified in the resolution and is not to exceed the maximum determined in accordance with Schedule 3.

(4) Where the employing authority have passed a resolution under paragraph (1) or under regulation D14 of the 1974 regulations and the employee—

(a) remains in his employment under that authority until he attains pensionable age, or

(b) on ceasing to hold that employment before attaining that age is incapable of discharging efficiently the duties of the employment by reason of permanent ill-health or infirmity of mind or body, or

(c) dies while in that employment,

he is entitled to reckon as reckonable service the additional period specified in the resolution.

(5) In any other case where the employing authority have passed such a resolution the employee is entitled to reckon as reckonable service an additional period of , where—

A is the additonal period specified in the resolution,

T is the period during which the employee has been in the employment of the authority who passed the resolution, and

R is the period during which the employee would have been in that employment if paragraph (4)(a) had applied.

(6) Where a pensionable employee of a City of London employing body—

(a) was immediately before 1st October 1977 a contributor to the superannuation fund maintained by the Common Council under their local Act scheme, and

(b) on 1st October 1977 became a pensionable employee, and

(c) on ceasing to hold his employment under the City of London employing body becomes entitled to a retirement pension otherwise than by virtue of regulation E2(1)(c),

the body may, in consideration of special circumstances, resolve to add an additional period of not more than 10 years to his reckonable service.

(7) A City of London employing body other than the Common Council shall on passing a resolution under paragraph (6) forthwith send a copy of it to the Common Council.

(8) Regulation N8(2) (Secretary of State not to determine discretionary questions) does not apply where notice of appeal is served by the Common Council in respect of a resolution under paragraph (6).

(9) In paragraphs (6) and (7) “City of London employing body” means the Common Council, the magistrates' courts committee for the City of London, the probation committee for the City of London probation area, or the Board of Governors of the Museum of London.