The Local Government Pension Scheme (Transitional Provisions) Regulations 1997

Overseas employment

24.—(1) Where any person to whom regulation 3 of the Local Government Superannuation (Overseas Employment) Regulations 1985(1) applies has not made an election under paragraph (3) of that regulation, the 1997 regulations apply to him with the following modifications.

(2) Regulation 31 (early leavers' pensions) does not apply unless his total period of membership is at least 5 years.

(3) For paragraph (2) and the provisions mentioned in paragraph (4) he may count the period of overseas employment towards his total membership.

(4) Those provisions are—

(a) regulation 19(1) (general qualification for benefits);

(b) paragraphs (a) and (b) of the definition of “normal retirement date” in regulation 25(4);

(c) regulation 41(4) and (5) (amount of active member’s surviving spouse’s long-term pension);

(d) regulation 87(1) (return of contributions).

(5) In paragraph (3) “the period of overseas employment” means any period which, if Part II of the Superannuation (Local Government and Overseas Employment) Interchange Rules 1969(2) had applied to him, would have been a period of overseas employment (within the meaning of those rules).

(6) His preserved benefits (including any increases under the Pensions (Increase) Act 1971(3) and the Pensions (Increase) Act 1974(4)) are subject to reduction, as if regulations D1(2) (with the substitution for “the appointed day” of “6th January 1986”), D1(3) and K1(7) of the 1974 regulations had continued to have effect.

(7) But on a return to local government employment, despite regulation 9(3) of the 1997 regulations, previous service may be counted on repayment of the appropriate sum.

(8) Paragraphs (3) to (7) of regulation 17 apply for the purposes of paragraph (7) above as they apply to a repayment under paragraph (2) of that regulation.

(1)

S.I. 1985/1922.

(2)

S.I. 1969/975; amended by the Local Government Superannuation (Overseas Employment) Regulations 1985 (S.I. 1985/1922) in relation to certain employees.

(3)

1971 c. 56.

(4)

1974 c. 9.