The Local Government Pension Scheme (Greater London Authority etc.) Regulations 2000

School Crossing Patrols

7.  After regulation 144, insert the following regulation—

“School crossing patrols

144A.— (1) These Regulations apply with the modifications in paragraphs (2) to (13) to a person who—

(a) was appointed prior to 1st April 2000 by the Commissioner of Police of the Metropolis under section 26 of the Road Traffic Regulation Act 1984(1) to patrol school crossings;

(b) was a member of the Metropolitan Civil Staffs Superannuation Scheme immediately before that date; and

(c) is a member of the Scheme by reason of the transfer of his employment on 1st April 2000 to a London borough council or a county council pursuant to section 26 of the Road Traffic Regulation Act 1984.

(2) For regulation 6(3) (latest retirement age) substitute—

“(3) A person may not be or become an active member after—

(a) his 75th birthday, or

(b) any earlier date after his 65th birthday when his total membership equals his permitted maximum.”.

(3) In regulation 19(2)(a), (general qualification for benefits), regulation 25(3), (4)(b) and (c) (normal retirement) and regulation 27(5) (ill-health) for “65th birthday” substitute “75th birthday”.

(4) In regulation 28(3) (enhanced membership period in cases of ill-health), regulation 52(2)(c) (power of employing authority to increase total membership) and paragraph 8(2)(b) of Schedule 4 (maximum addition under regulations 53 and 55) for “65” substitute “75”.

(5) Regulations 9(1A), 20(4A), 25A and 38(5A)(2) shall not apply.

(6) Any period of service as a member of the Metropolitan Civil Staffs Superannuation Scheme shall count towards the membership period required before the person is entitled to any benefit under these regulations and such service shall be counted as its actual length.

(7) A person who leaves employment on or after age 60 with total membership of at least 5 years is entitled to the immediate payment of retirement benefits.

(8) This paragraph applies to a member—

(a) in respect of whom a transfer value has been accepted by his fund authority (within the meaning of regulation 121(4) (inward transfers of pension rights)) from the managers of the Metropolitan Civil Staffs Superannuation Scheme, and

(b) who has not been married at any time during his membership of the Metropolitan Civil Staffs Superannuation Scheme or of the Scheme.

(9) A member to whom paragraph (8) applies is entitled on retirement to a refund of his contributions or a fraction of his contributions calculated as in paragraph (10).

(10) The person is entitled to a refund—

(a) of all contributions paid while a member of the MCSSS, and

(b) 25 per cent. of the contributions paid while a member of the Scheme.

(11) The contributions shall be repaid with interest, at a rate to be determined from time to time by the Secretary of State, from the date that the contribution was paid to the date of repayment of the contribution.

(12) The fund authority must deduct from any repayment under this regulation any tax to which they may become chargeable under section 589 of the Taxes Act (charge to tax on repayment of employee’s contributions)(3).

(13) A surviving spouse or children of a person to whom contributions are repaid under paragraph (9) is not entitled to any benefits under regulations 40 to 48.”.

(1)

1984 c. 27; section 26 is amended with effect from 1st April 2000 by section 288 of the Greater London Authority Act 1999 (c. 29).

(2)

Regulations 9(1A), 20(4A), 25A and 38(5A) were added by S.I. 1999/1212.

(3)

1988 c. 1.