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

Qualifying service for the 2014 Scheme

7.—(1) Any period of active membership in the Earlier Schemes which the member has at 31st March 2014 counts as qualifying service in the 2014 Scheme for the purposes of regulation 3(7)(a) and (c) of the 2013 Regulations (active membership).

(2) Any transfer value payment accepted into the Earlier Schemes counts as a transfer value payment into the 2014 Scheme for the purposes of regulation 3(7)(b), (c) and (d) of the 2013 Regulations (active membership).

(3) A transfer value payment made under the Earlier Schemes to a qualifying recognised overseas pension scheme counts as qualifying service in the 2014 Scheme for the purpose of regulation 3(7)(g) of the 2013 Regulations (active membership).

(4) A member of the 2014 Scheme who has a deferred benefit or a pension in payment under the Earlier Schemes is treated as having qualifying service for a period of 2 years for the purposes of regulation 3(7) of the 2013 Regulations (active membership), but if a deferred benefit—

(a) is in respect of less than 2 year’s membership; and

(b) is aggregated with any 2014 Scheme benefits,

and the aggregate of that membership and the service in the 2014 Scheme is less than 2 years, the member may, upon ceasing to be an active member, elect instead of having a deferred benefit under the 2014 Scheme, to have regulation 18 of the 2013 Regulations (rights to return of contributions) deemed to apply to all the contributions made by the member.

(5) A person who became a member of the 2014 Scheme by virtue of regulation 5(1) of these Regulations (membership of the 2014 Scheme), and who has at least 3 months qualifying service in the 2014 Scheme (which expression includes for this purpose any of the period of active membership in the Earlier Schemes if aggregated with membership of the 2014 Scheme) who ceases to be an active member of the 2014 Scheme before achieving qualifying service for a period of two years may elect—

(a) to have regulation 18 of the 2013 Regulations (rights to return of contributions) deemed to apply to the contributions paid both into the Earlier Schemes and the 2014 Scheme (where the period in respect of which contributions to the Earlier Schemes were paid has been aggregated with membership of the 2014 Scheme); or

(b) to be a deferred member of the 2014 Scheme notwithstanding regulation 6(1) of the 2013 Regulations (deferred and deferred pensioner members); or

(c) if the member has reached the normal retirement age applicable to that member under the 2008 Scheme, to draw retirement pension immediately upon cessation of local government service, notwithstanding regulation 6(1) (deferred and deferred pensioner members) of the 2013 Regulations.

(6) An election under paragraphs (4) or (5)(a) or (b) must be made in writing to the member’s administering authority within the period of six months beginning with the date on which the active membership ceased and an election under paragraph (5)(c) must be made to that authority within the period of six months beginning with the date of the cessation of local government service, and in default of any election being made the member shall—

(a) in the case of a member satisfying the conditions in paragraph (4), be awarded a deferred benefit under the 2014 Scheme;

(b) in the case of a member satisfying the conditions in paragraph (5), be awarded a deferred benefit in the 2014 Scheme, or an immediate pension, as appropriate.