Amendment of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008
36. After regulation 14 (pension sharing) insert—
“Civil servants transferred to the Environment Agency
15.—(1) This regulation applies to a person to whom regulation 22 (civil servants transferred to the Environment Agency) of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997(1) applied, notwithstanding the revocation of those Regulations.
(2) Subject to paragraphs (3) and (7), these Regulations, the Benefits Regulations and Administration Regulations apply to a person to whom this regulation applies and who is an active member before 1st April 2008 and who has been since then in the continuous employment of the Environment Agency.
(3) The Benefits Regulations and Administration Regulations apply subject to the modifications set out in paragraphs (4) to (6).
(4) Sub-paragraphs (a) and (b) list the regulations in which references to normal retirement age shall be construed as age 60—
(a)in the Benefits Regulations, regulation 29 (calculation on leaving early) except for paragraph (5) of that regulation and regulation 30A (choice of payment of pension: pensioner member with deferred benefits); and
(b)in the Administration Regulations, regulation 19(7) (contributions during reserve forces service leave), regulation 68(3) (annual benefit statements) and regulation 84(4) (right to count credited period).
(5) Sub-paragraphs (a) and (b) list the regulations where references to 65th birthday shall be construed as references to 60th birthday—
(a)in the Benefits Regulations, regulation 18(2) (flexible retirement); and
(b)in the Administration Regulations, regulation 50(2) (commencement of pensions).
(6) In the Benefits Regulations, in regulation 30 (choice of early payment of pension) and in regulation 30A (choice of payment of pension: pensioner member with deferred benefits)—
(a)references to 55 shall be construed as references to 50; and
(b)in each of those regulations, in paragraph (4), after “Actuary” insert “as respects members to whom regulation 15 of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008(2) applies”.
(7) Regulation 10 of, and Schedule 2 to, these Regulations shall not apply.”.