The Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023

Application and interpretation of this Part

4.—(1) A person in category A is a person—

(a) who has, or, in the case of a deceased person or a person who transferred out of the 2014 Scheme, had, remediable service(1);

(b) to whom regulation 4 of the 2014 Regulations (statutory underpin) did not apply; and

(c) who died, or in relation to whom one of the dates set out in regulation 4H(1) of the 2014 Regulations (final underpin dates) occurred, before 1st October 2023.

(2) A person in category B is a person—

(a) who has, or, in the case of a deceased person or a person who transferred out of the 2014 Scheme, had, remediable service;

(b) to whom regulation 4 of the 2014 Regulations applied;

(c) who died, or in relation to whom one of the dates set out in regulation 4H(1) of the 2014 Regulations (final underpin dates) occurred, before 1st October 2023; and

(d) who was not entitled to an increase in their pension account under regulation 4 of the 2014 Regulations.

(3) A person in category C is a person—

(a) who has, or, in the case of a deceased person or a person who transferred out of the 2014 Scheme, had, remediable service;

(b) to whom regulation 4 of the 2014 Regulations applied;

(c) who died, or in relation to whom one of the dates set out in regulation 4H(1) of the 2014 Regulations (final underpin dates) occurred, before 1st October 2023; and

(d) who was, or, if they had not died, would have been, entitled to an increase in their pension account under regulation 4 of the 2014 Regulations.

(4) In their application in relation to a person in accordance with this Part, the amendments made by regulations 2 and 3 have effect as if they were in force from 1st April 2014.

(5) In this Part, references to regulation 4 of the 2014 Regulations are to it as it had effect immediately before 1st October 2023.

(6) In this Part, “final guarantee amount” has the meaning given in regulation 1(6) of the 2014 Regulations.

(1)

For the meaning of remediable service, including the period in which it must take place, see section 77 of the Public Service Pensions and Judicial Offices Act 2022 (c. 7).