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The Local Government Superannuation Regulations 1986

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National Insurance modification for flat-rate retirement pension

J11.—(1) The retirement pension of a person to whom regulation J9 applies shall be reduced in accordance with paragraph (2) where—

(a)he became employed in his local government employment before 1st April 1980, and

(b)on becoming employed in his local government employment he did not enjoy unmodified status for the purposes of Part F of the 1974 regulations, and

(c)his retirement pension is calculated by reference to reckonable service which includes the period which he is entitled to reckon under regulation J9(1)(a).

(2) Regulation F7 of the 1974 regulations shall be taken to have applied in relation to the period which he is entitled to reckon under regulation J9(1)(a) as if—

(a)during that period he had been a person within Case B of Part F of the 1974 regulations, and

(b)that period were service after 31st August 1947, and

(c)he had been a person who was not immediately before the appointed day entitled to the optant's rate for the purposes of the National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1969(1).

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