The Local Government Pension Scheme (Administration) Regulations 2008

Application of abatement policy to individual cases

71.—(1) Where a member who is entitled to the payment of a retirement pension proposes to enter a new employment with an employing authority, he must inform the employer about that entitlement.

(2) If such a member enters such a new employment, he must immediately notify in writing the body from whom he has become entitled to receive the pension.

(3) Paragraphs (1) and (2) do not apply where the new employment is employment in which the person is eligible to belong to a teachers’ scheme.

(4) The authority which is the member’s appropriate administering authority as respects the retirement pension to which he is entitled—

(a) must have regard to regulation 12 of the Transitional Regulations;

(b) must apply to the member the policy published by it under regulation 70; and

(c) may reduce the annual rate of that pension or, as the case may be, may cease to pay it, during the period while the member holds the new employment, in accordance with that policy.

(5) A retirement pension paid following a request under regulation 18(1) of the Benefits Regulations (flexible retirement) is not subject to abatement under regulation 70 in respect of any subsequent employment with the person who is his employer at the date of his request.