The Local Government Pension Scheme Regulations 1995

Re-employed pensioners: disregard of certain former membership

4.—(1) Subject to Part II of Schedule D5 (combined benefits), a member who—

(a) has entered the employment of an LGPS employer or former local authority after becoming entitled to receive payment in respect of any superannuation benefit (other than a superannuation benefit under the National Insurance Act 1965(1)), or

(b) has entered such employment after becoming entitled to a benefit under regulation D11 and has given notice under regulation D12(1)(c) (retention of entitlement to preserved benefits), or

(c) by virtue of regulation K1 of the 1974 regulations—

(i) became entitled to receive payment in respect of any benefit under those regulations, or

(ii) became entitled to benefit under paragraph (1)(c) of regulation E2 of those regulations and gave notice under paragraph (4)(e) of that regulation,

is not entitled to count as a period of membership any period—

(I) of which account has been taken for the purpose of determining whether he was entitled to that benefit, or

(II) of which account has been or is to be taken for the purpose of calculating its amount.

(2) Subject to Part II of Schedule D5, a member who—

(a) ceased after 5th April 1975 and before 30th March 1978 to hold a local government employment (“the first employment”),

(b) within one month and one day after ceasing to hold the first employment—

(i) entered the employment in which he is a member, and

(ii) became a member in relation to that employment, and

(c) in respect of his ceasing to hold the first employment received a return of contributions under the 1974 regulations,

is not entitled to count as a period of membership any period of which the return of contributions was made.

(3) Subject to Part II of Schedule D5, a member who—

(a) on ceasing to hold a local government employment became entitled to a benefit under regulation D9 or D11, and

(b) in respect of his ceasing to hold that employment received a return of the whole of the aggregate amount of his contributions to the appropriate pension fund (within the meaning of regulation C22),

is not entitled to count as a period in respect of membership any period in respect of which the return of contributions was made.

(4) Subject to Part II of Schedule D5, a member who—

(a) on ceasing to hold a local government employment became entitled to a benefit under regulation D9 or D11,

(b) in respect of his ceasing to hold that employment received a return of part of the aggregate amount mentioned in paragraph (3)(b),

(c) did not enter the employment in which he is a member after becoming entitled to receive payment in respect of any superannuation benefit (other than a superannuation benefit under the National Insurance Act 1965(2)), and

(d) has not given notice under regulation D12(1)(c) (retention of entitlement to preserved benefits),

is not entitled to count as a period of membership any period in respect of which the return of contributions was made.

(5) Subject to paragraph (6), a member who—

(a) before entering the employment in which he is a member was in another local government employment (“the first employment”), and

(b) in respect of his ceasing to hold the first employment received a return of contributions under the 1974 regulations, the 1986 regulations or these regulations,

is not entitled to count as a period of membership any period in respect of which the return of contributions was made.

(6) Paragraph (5) does not apply where paragraph (2), (3)(a) or (4)(a), (c) and (d) applies.

(7) Where—

(a) before entering the employment in which he is a member, a member was in another local government employment (“the first employment”), and

(b) on his ceasing to hold the first employment a transfer value was paid to a body other than—

(i) an administering authority,

(ii) a body maintaining a superannuation fund under Part I of the Act of 1937, or

(iii) a local Act authority,

the member is not entitled to count as a period of membership any period in respect of which the transfer value was paid.

(8) A woman who exercises, in accordance with section 39 or 41 of the Employment Protection (Consolidation) Act 1978(3), a right to return to work after being absent from work wholly or partly because of pregnancy or confinement is, unless she has given notice under regulation D12(1)(c) (retention of entitlement to preserved benefits), to be treated as not having entered a local government employment in any of the circumstances mentioned in this paragraph.

(1)

1965 c. 51.

(2)

1965 c. 51

(3)

1978 c44; sections 39 and 41 were substituted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 23, Schedule 2.