The Local Government Pension Scheme Regulations 1995

2.—(1) Where the person ceased to be employed in his local government employment before 31st March 1972, he and those claiming through him shall, subject to sub-paragraph (2), have the same rights as they would have had by virtue of the Acts of 1937 to 1953 and the regulations made under those Acts, the former regulations, any local Act scheme, the 1974 regulations, the 1986 regulations and these regulations (so far as applicable) if—

(a)he had reached the age of 65 by the termination of his local government employment;

(b)he had sufficient service at that time to qualify him for a pension; and

(c)the payment of the transfer value had not been requested or made.

(2) Sub-paragraph (1) shall not confer any right to—

(a)a return of contributions; or

(b)the payment of any benefit for any period ending on or before—

(i)the date on which he left his employment with the Community institution, or

(ii)if later, the earliest date on which any benefit would have been payable if he had left his local government employment with the right to a retirement pension under regulation D11 (entitlement to deferred retirement benefits).