The Local Government Pension Scheme (Transitional Provisions) Regulations 1997

Civil servants transferred to the Environment Agency

22.—(1) The 1997 regulations apply with the following modifications to a member who is employed by the Environment Agency as a result of a relevant statutory transfer immediately before which he was a pensionable civil servant.

(2) At the end of regulation 13(2) (exclusions from “pay”) add the words

“or

(h) the amount of any supplement paid by the Environment Agency in recognition of the difference in contribution rates between members of the principal civil service pension scheme and the Scheme.”

(3) In regulation 31 (early leavers: deferred retirement benefits and elections for early payment)—

(a) in paragraph (2) for the words “his employing authority or former employing authority”substitute the words “the Environment Agency”;

(b) in paragraph (4) after the word “Actuary” insert the words “as respects members to whom regulation 22 of the Transitional Regulations applies”;

(c) in paragraph (7) for “NRD” substitute the words “60th birthday”;

(d) at the end of paragraph (8) add the words “and the Environment Agency”.

(4) The employment with the Environment Agency referred to in paragraph (1) does not count as new employment for regulation 109 (statements of policy concerning abatement of retirement pensions in new employment) or regulation 110 (application of abatement policy in individual cases).

(5) The 1997 regulations and these Regulations shall have effect, so long as the member has no disqualifying break in service, as if they conferred on the member the same rights relating to service overseas as he would have enjoyed if he had remained subject to the principal civil service pension scheme.

(6) For this regulation a member has a disqualifying break in service if there is a continuous period of at least 12 months during no part of which he is an active member.

(7) A relevant statutory transfer in relation to a member is a transfer of his employment—

(a) which took place on 1st April 1996 as a consequence of a transfer of functions on that date to the Environment Agency, or

(b) which took place as a consequence of a transfer to the Environment Agency of the undertaking in which he was formerly employed to which the Transfer of Undertakings (Protection of Employment) Regulations 1981(1) apply.

(8) A pensionable civil servant is a person who is employed in the civil service of the State and eligible to be a member of the principal civil service pension scheme.

(1)

S.I. 1981/1794; the definition of “undertaking” was amended by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 33.