The Local Government Pension Scheme Regulations 1995

PART II MODIFICATIONS APPLYING TO BOTH EXISTING AND FORMER CONTRIBUTORS

2.  For any reference to one of the following expressions substitute a reference to the expression appearing opposite it.

The Acts of 1937 to 1953, or the regulations made under them.	The local Act superannuation provisions.
The Acts of 1937 to 1953, or regulations made under them, applying as amended or extended by the provisions of any local Act or scheme or together with any such provisions.
The appropriate superannuation fund within the meaning of the Act of 1937.	The local Act superannuation fund.
A superannuation fund maintained under Part I of the Act of 1937.
Contributory employee.	Contributor to the local Act superannuation fund.
Contributing service.	Service reckonable for all the purposes of the local Act superannuation provisions at its full length.
Non-contributing service.	Service reckonable for the purpose of calculating the amount of a benefit under the local Act superannuation provisions at half its length.
The former regulations.	The local Act superannuation provisions.
A provision in the former regulations.	The corresponding or similar provision in the local Act superannuation provisions.

3.  In relation to an existing contributor or former contributor who immediately before the commencement date was entitled by virtue of paragraph 3 of Part V of Schedule 15 to the 1986 regulations to make contributions at a lower rate, regulation C4 has effect, while he continues in the employment of the same City of London employing body, with the substitution for “five per cent.” or “six per cent.” of that lower rate.

4.  For regulation H8 substitute—

“Benefits of certain persons employed before 1st October 1977

H8.— (1) Subject to paragraph (3), in relation to a person who—

(a) was prospectively entitled under the local Act superannuation provisions to benefits which did not include a lump sum retiring allowance and a pension payable to his widow, and

(b) did not make an election under regulation E19(2) of the 1974 regulations,

these regulations have effect subject to the modifications set out in Parts I and III of Schedule H1.

(2) In relation to a person who—

(a) was prospectively entitled under the local Act superannuation provisions to benefits which did not include a lump sum retiring allowance, and

(b) did not make an election under regulation E19(2) of the 1974 regulations,

these regulations have effect subject to the modifications set out in Parts II and III of Schedule H1.

(3) In relation to a person falling within paragraph (1)(a) and (b) who—

(a) fulfils the following conditions, namely—

(i) he first married on or after 1st October 1977,

(ii) he has continued to contribute to the pension fund maintained by the Common Council from the day on which he first became a member and without a break of 12 months or more, and

(iii) at a time when he is a member and within three months after first marrying he elects by notice in writing to the Common Council to be treated as a person falling within paragraph (2)(a) and (b); or

(b) made a similar election to that mentioned in paragraph (a)(iii) under regulation E19(2) of the 1974 regulations,

these regulations have effect subject to the modifications set out in Parts II and III of Schedule H1.

(4) In this regulation “the local Act superannuation provisions” and “City of London employing body” have the same meanings as in the Local Government Superannuation (City of London) Regulations 1977.”.