The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014

Special cases

24.—(1) A person who was an active member of the 2008 Scheme on 31st March 2014 by virtue of or subject to the terms of any statutory provision which varied the application of the generality of any of the Earlier Regulations continues to be an active member in the 2014 Scheme from 1st April 2014, provided that person is eligible for membership on that date and, subject to this regulation, any variation of the application of any of those regulations to that person applies in respect of the application of the 2013 Regulations to that person, with any necessary modifications.

(2) Subject to paragraph (4), the normal pension age in the 2014 Scheme for a person to whom paragraph (1) applies is the pensionable age of that person as specified from time to time in Schedule 4 to the Pensions Act 1995(1) or if higher, 65, and any provisions in the Earlier Regulations which provide for references to normal pension age, or to a person’s 65th birthday, to be construed as references to age 60, cease to have effect.

(3) Notwithstanding the revocations effected by regulation 2 of these Regulations (revocation of regulations), regulation 38(7) (pension increases under the Pensions (Increase) Acts) of the Benefits Regulations, regulation 40A of the Administration Regulations (Water Act Company pensions: Environment Agency payments)(2) and, to the extent necessary for the purposes of those regulations, regulation 40 of the Administration Regulations (employer’s payment following resolution to increase membership or award additional pension), continue to have effect.

(4) For a person to whom regulation 15 of the 2008 Scheme Transitional Regulations (civil servants transferred to the Environment Agency)(3) applies—

(a) the normal pension age for the purposes of regulation 4 of these Regulations (statutory underpin) is age 60; and

(b) regulation 18 of and Schedule 2 to these Regulations (the 85 year rule) do not apply.

(5) Notwithstanding the revocation of regulation 23 of the 1997 Transitional Regulations (former NHS scheme members)(4) and regulations 129 (miscellaneous transport employees) and 130 (miscellaneous airport employees) of the 1997 Regulations by the 2008 Scheme Transitional Regulations, those regulation have effect as if they had never been revoked.

(1)

1995 c.26.

(2)

Regulation 40A was inserted by S.I. 2009/3150.

(3)

Regulation 15 was inserted by S.I. 2010/2090.

(4)

S.I. 1997/1613; regulation 23 was amended by S.I. 1998/2118.