The Local Government Pension Scheme Regulations 1995

Application of regulation K24 in case of certain transfers involving admission agreements

K25.—(1) Where—

(a) an admission agreement (“the first agreement”) made by a body with an appropriate administering authority ceases to have effect; and

(b) on the cessation of the first agreement another admission agreement (“the second agreement”) between that body and a different appropriate administering authority (“the second authority”) takes effect,

then regulation K24 applies (and regulations K20 to K22 do not apply) as if—

(i) a person employed by that body when the second agreement took effect were a person within paragraph (1)(a) of that regulation,

(ii) the pension fund maintained by the second authority were the transferee scheme,

(iii) the second authority were the scheme managers, and

(iv) the date the second agreement takes effect were the transfer date.

(2) Where—

(a) an undertaking (as defined in regulation K24(10)) is transferred from an employing authority (“the first employer”) to a body which enters into an admission agreement with an appropriate administering authority (“the new authority”) in respect of one or more persons who were members in relation to their employment with the first employer and remain members in relation to their employment with the new authority; and

(b) the new authority is different from the appropriate administering authority maintaining the fund which was their appropriate pension fund immediately before the transfer, and

(c) each of those members is entitled to count in relation to his employment with the new authority any membership he was entitled to count in his employment with the first employer,

then regulation K24 applies (and regulations K20 to K22 do not apply) as if—

(i) such a member were a person within paragraph (1)(a) of that regulation,

(ii) the pension fund maintained by the new authority were the transferee scheme,

(iii) the new authority were the scheme managers, and

(iv) the date the agreement takes effect were the transfer date.