STATUTORY INSTRUMENTS



1997 No. 1613
PENSIONS
The Local Government Pension Scheme (Transitional Provisions) Regulations 1997

Made 30th June 1997
Laid before Parliament 3rd July 1997
Coming into force 1st April 1998



ARRANGEMENT OF REGULATIONS
Preliminary provisions

1.

Citation, commencement and extent.

2. Interpretation.

Application of 1997 regulations and old provisions

3. Cessation of old provisions for active members.
4. Deferred members and pensioners: general.
5. Re-employment of members (Schedule D5 to the 1995 regulations etc.).

Counting old membership of existing members under 1997 regulations

6. Entitlement of active members to count old membership.
7. Entitlement of re-employed members to count old membership.
8. Membership before 1st April 1972.
9. Women with membership before 6th April 1988.
10. Certain members with membership before April 1974.
11. Rights under old provisions affecting membership periods (extra payments, absences etc.).
12. Rights under Schedule C6 to the 1995 regulations: counting of membership.

Augmentation

13. Duty of employing authority to increase total membership of members with membership before the commencement date.

Special provisions about rights relating to old membership

14. Continuity of elections within regulation 11(1).
15. Continuity of rights within regulation 12(1).
16. Temporary right to pay off liabilities under regulation 15 by capital payment.
17. Re-employment after return of contributions: service before 1980.
18. Equivalent pension benefits.

Pension funds and authorities

19. Pension funds and appropriate fund authorities.
20. Continuation of certain liabilities of employers.
21. Early retirement of chief officers.

Special cases

22. Civil servants transferred to the Environment Agency.
23. Former NHS scheme members.
24. Overseas employment.
25. Community scheme transferees.

Supplementary provisions

26. Cost of resolutions.
27. Minor and consequential amendments.
28. Transitional and transitory provisions and savings.
29. Revocations.


SCHEDULES

Schedule 1 Additional regulations which are "old provisions".


Schedule 2 Re-employment of members (Schedule D5 to the 1995 regulations etc.).


Schedule 3 Minor and consequential amendments.


Schedule 4 Transitional and transitory provisions and savings.


The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 1972[
1] and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations: - 

Preliminary provisions
Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Local Government Pension Scheme (Transitional Provisions) Regulations 1997.

    (2) They shall come into force on 1st April 1998.

    (3) They shall apply to the Isles of Scilly as if they were a district in the county of Cornwall and the council of the Isles of Scilly were a council of that district.

Interpretation
    
2.  - (1) In these Regulations - 

    (2) For these Regulations, a member must be treated as remaining an active member throughout - 

whether or not he or she otherwise would be so treated.

    (3) Paragraph (2) shall not apply as respects any part of such a period which falls after a time when the member ceases to be an active member by virtue of regulation B12 of the 1995 regulations (leaving the Scheme).

    (4) Subject to the previous provisions of this regulation, expressions used in these Regulations and in the 1997 regulations have the same meaning as in those regulations (unless the context indicates otherwise).

Application of 1997 regulations and old provisions
Cessation of old provisions for active members
     3.  - (1) Any person who is an active member of the Scheme immediately before the commencement date shall continue to be an active member on that date and, subject to the provisions of these Regulations, the old provisions shall cease to apply to him.

    (2) Paragraph (1) shall not apply to any person who ceases to be an active member on March 31st 1998 - 

and these Regulations shall apply to any such person as if he had already so ceased immediately before the commencement date.

    (3) If any person has notified his employer under regulation B12(2) of the 1995 regulations before the commencement date that he wishes to cease to be an active member, but would not (apart from this paragraph) have ceased to be an active member immediately before the commencement date - 

    (4) Where (apart from these Regulations) a person away on relevant reserve forces service would be treated under the 1995 regulations as an active member on the commencement date, paragraph (1) shall apply to him, unless as a result of a cancelling notice his relevant reserve forces service on and after the commencement date is not to be treated as such service.

    (5) Where such a notice is served, these Regulations shall apply to such a person as if he had already ceased to be an active member immediately before the commencement date.

Deferred members and pensioners: general
    
4.  - (1) Except where these Regulations provide otherwise, in relation to the persons specified in paragraph (2) - 

    (2) Those persons are - 

Re-employment of members (Schedule D5 to the 1995 regulations etc.)
    
5. Schedule 2 shall have effect for the purpose of making provision concerning cases where members are re-employed and regulations 3(1) and 4 are subject to that Schedule.

Counting old membership of existing members under 1997 regulations
Entitlement of active members to count old membership
    
6. Any person who continues as an active member of the Scheme on the commencement date by virtue of regulation 3 may count for regulation 9(1)(d) of the 1997 regulations the same length of membership as the total period he was entitled to count under the old provisions immediately before that date (but see regulations 8 to 13 and Schedule 2).

Entitlement of re-employed members to count old membership
    
7.  - (1) Any member to whom regulation 3 does not apply who becomes an active member again on or after the commencement date may count for regulation 9(1)(d) of the 1997 regulations the same length of membership as he would have been entitled to count for that regulation if regulation 6 had applied to him (but see Schedule 2).

    (2) Where paragraph (1) applies to a female member, regulation 9 of these Regulations applies as if she had been an active member immediately before and on the commencement date.

    (3) But where paragraph (2) applies the resolution under regulation 9(3) of these Regulations must be passed as soon as is practicable after the member becomes an active member again.

    (4) Where paragraph (1) applies to a member who is entitled to count a period of membership under regulation B14(1)(a) of the 1995 regulations by virtue of regulation 11(5)(c) of these Regulations, for paragraph (1) the member shall be deemed to have been entitled to count that period immediately before the commencement date.

Membership before 1st April 1972
    
8.  - (1) If immediately before the commencement date a married (SI1998/2118) member - 

for regulation 6 that period of membership or, as the case may be, the unpaid part of it must be reduced to 89 per cent. of its length (but see regulation 10).

    (2) Paragraph (1) only applies to a female member if she duly elected under regulation E12(1)(b) or (2)(b) of the 1986 regulations (election by wife of dependent and permanently incapacitated husband).

    (3) A relevant election is an election wholly or partly in respect of membership before 1st April 1972, made or having effect as if made under regulation C13 of the 1995 regulations or made under regulation C8 of the 1986 regulations (payments to avoid reduction of retirement grant and death grant).

    (4) Where a member to whom paragraph (1) would have applied if he had been married immediately before the commencement date marries on or after that date while he is an active member and before he becomes entitled to benefits under the Scheme, paragraph (1) shall apply to him as if he had been married immediately before that date.

    (5) Despite anything in these Regulations, a relevant election under which payments were being made immediately before the commencement date shall continue to have effect on and after that date to the extent that it relates to a period of membership before 1st April 1972 (subject to the continuation of payments under it at the same rate as they were made before the commencement date) whether or not immediately before the commencement date the election also related to a later period.

    (6) But if a member to whom paragraph (1) would have applied apart from his continuing to make payments under a relevant election until the commencement date ("a continuing member"), fails after that date to complete the payments due under that election in respect of membership before 1st April 1972 (otherwise than by virtue of his death or his becoming entitled to a retirement pension under regulation 27 of the 1997 regulations), paragraph (1) shall apply to him as if he had so ceased before the commencement date.

    (7) If a continuing member - 

for regulation 9(1)(d) of those regulations he may count the full period of membership in relation to which he made the election.

    (8) For paragraph (1) the unpaid part of the period is the part of it in respect of which payments (including payments by instalments of a lump sum) have not been made.

    (9) Where paragraph (1) applies by virtue of paragraph (6) any payments made on or after the commencement date must be taken into account for paragraph (8).

Women with membership before 6th April 1988
     9.
 - (1) Any election or notice made or given (or having effect as if made or given) by a female member under any of the provisions specified in paragraph (2) shall, in so far as it relates to membership after 31 March 1972, cease to have effect.

    (2) Those provisions are - 

    (3) Where an election made or a notice given by a member to whom regulation 3(1) applies ceases to have effect under paragraph (1), her employing authority must resolve that for regulation 9(1)(d) of the 1997 regulations she may count the period in respect of which the election was made or the notice given as membership after 5th April 1988.

    (4) Despite anything in these Regulations, an active member who was eligible immediately before the commencement date to make an election under regulation C13 or C14 of the 1995 regulations or to give notice under paragraph 1 of Schedule F1 to those regulations (SI1998/2118) as respects membership after 31st March 1972 may, with the agreement of her employing authority, make such an election or give such notice (SI1998/2118) on or after the commencement date.

    (5) An election made by virtue of paragraph (4) has effect for the purposes of this regulation as if it had been made immediately before the commencement date.

    (6) A resolution under paragraph (3) must be passed - 

Certain members with membership before April 1974
     10.  - (1) Regulation 6 does not apply to any person to whom regulation E19 of the 1974 regulations applied, but who did not make an election under that regulation before the commencement date.

    (2) If such a person continues as an active member of the Scheme by virtue of regulation 3, the period he may count for regulation 9(1)(d) of the 1997 regulations is such period as his appropriate administering authority determine to be appropriate.

    (3) A period is only appropriate if the rights in respect of that period under the 1997 regulations will be at least equal in value to those which cease to apply in respect of the member as a result of the old provisions ceasing to apply to him.

    (4) If the appropriate administering authority think fit, they must obtain the advice of an actuary appointed by them before making a determination under paragraph (2) and a statement as to the actuarial basis of that advice.

Rights under old provisions affecting membership periods (extra payments, absences etc.)
    
11.  - (1) Any notice given or having effect as if given or deemed to have been given under - 

by a member to whom regulation 3(1) applies shall cease to have effect (but see regulation 14).

    (2) Where a member to whom paragraph (1) applies has made any payment under regulation C5(3) or, as the case may be, regulation C6(2)(b), C7(2) or C9(2) of the 1995 regulations in pursuance of the notice, the member's appropriate administering authority must calculate the period as respects which payment has been made.

    (3) That authority must notify the member of that period as soon as practicable after the commencement date.

    (4) The period the member may count for regulation 9(1)(d) of the 1997 regulations includes the period calculated under paragraph (2).

    (5) Nothing in these Regulations affects - 

    (6) In the case of a notice served under regulation C7(2) of those regulations where the member has died, references in this regulation to the member shall be taken where appropriate as references to the member's personal representatives.

Rights under Schedule C6 to the 1995 regulations: counting of membership
    
12.  - (1) Where any member to whom regulation 3(1) applies has any rights to make any payments which remain payable immediately before the commencement date by virtue of paragraph 1(3) of Schedule C6 to the 1995 regulations - 

    (2) The period mentioned in paragraph (1)(c) is such period as his appropriate administering authority determine to be appropriate.

    (3) A period is only appropriate if the rights in respect of that period under the 1997 regulations will be at least equal in value to the member's rights in respect of the payments he has made under the old provisions.

    (4) Where the appropriate administering authority think fit, they must obtain the advice of an actuary appointed by them before making a determination under paragraph (2) and a statement as to the actuarial basis of that advice.

Augmentation
Duty of employing authority to increase total membership of members with membership before the commencement date
    
13.  - (1) Where a relevant event occurs - 

the relevant authority must determine whether his rights under the Scheme in respect of that membership are at least equal in value to the rights to which he was entitled immediately before the commencement date ("his 1995 rights").

    (2) If the relevant authority determine that a member's 1995 rights were of a greater value than his rights under the Scheme in respect of the membership mentioned in paragraph (1), they must resolve to increase the member's total membership for the 1997 regulations by an additional period so that his rights under the Scheme in respect of the membership mentioned in paragraph (1) are at least equal in value to his 1995 rights.

    (3) But if that additional period would exceed the period which would be the maximum addition under Schedule 4 to the 1997 regulations if the resolution were made under regulation 53 of those regulations - 

    (4) Before - 

the authority must consider the advice of an actuary if they consider it appropriate.

    (5) Where the relevant authority have passed a resolution under paragraph (2), the additional period counts as part of the member's total period of membership for regulation 9(1)(d) of the 1997 regulations.

    (6) The relevant authority must give notice of the making of such a resolution to the member before the expiry of the period of six months beginning with the relevant date.

    (7) The relevant authority is - 

    (8) A relevant event occurs in relation to a member if - 

    (9) The relevant date is - 

Continuity of elections within regulation 11(1)
    
14.  - (1) The appropriate administering authority of an active member who has given or is deemed to have given a notice which ceases to have effect under regulation 11(1) must inform him in writing that they propose to treat the notice - 

    (2) Where a member is so informed, the notice is to be so treated as from the commencement date unless the member (or, in a case where the member has died, his personal representative) has informed his appropriate administering authority in writing before the expiry of the period of three months beginning with that date (or such longer period as they may allow) that he does not wish it to be so treated.

    (3) Any election by a member to whom regulation 3(1) applies which - 

shall continue to have effect as if it had been made under the 1997 regulations.

    (4) The protected rate is the rate at which the member was making payments by virtue of the notice immediately before the commencement date, expressed as a percentage of his remuneration at that time.

Continuity of rights within regulation 12(1)
    

15.  - (1) Regulation 14 applies in relation to a right which ceases to have effect under regulation 12(1)(a) as if - 

(but see the following provisions).

    (2) If the right arose under regulation D6, D7 or D8 of the 1974 regulations and immediately before the commencement date the member had the right to make any payments by lump sum payable by instalments, then for regulation 14 the protected rate is the rate at which he was paying instalments immediately before the commencement date, expressed as a percentage of his remuneration at that time.

    (3) Paragraph (1) does not apply in the case of an election made under regulation C8 of the 1986 regulations. (SI1998/2118)

    (4) Regulation 55(6) of the 1997 regulations does not apply where regulation 55 applies by virtue of paragraph (1), and instead the member's appropriate administering authority must calculate the amounts of the additional contributions by reference to the preferential rate.

    (5) The preferential rate is the rate at which the member was making payments (including payments by instalments of a lump sum) by virtue of paragraph 1(3) of Schedule C6 to the 1995 regulations immediately before the commencement date, expressed as a percentage of his remuneration at that time.

Temporary right to pay off liabilities under regulation 15 by capital payment
     16.  - (1) A member to whom regulation 14 applies by virtue of regulation 15(1), may make an election to make a capital payment in full satisfaction of his liabilities in respect of any period for which he remains liable to make any payment by virtue of regulation 15(1).

    (2) Such an election may only be made by notice in writing to the member's appropriate administering authority before the end of the period of six months beginning with the commencement date.

    (3) When an administering authority receive such an election they must notify the member of the amount of the capital payment required.

    (4) But if that capital payment, when aggregated with the member's total contributions (as mentioned in regulation 16(2) of the 1997 regulations) payable in the tax year in which he makes the election, would exceed the maximum amount so payable by him, such an election is ineffective.

    (5) Where following a payment under such an election any body's liabilities in respect of the member under regulation L13 of the 1995 regulations continue by virtue of regulation 20(3), then, despite that regulation, he is entitled to count a period of membership of the same length as if all payments to be made in respect of that period under regulation L13 of the 1995 regulations had been made.

Re-employment after return of contributions: service before 1980
    
17.  - (1) This paragraph applies to a member if - 

    (2) Despite regulation 9(3) of the 1997 regulations, a member within paragraph (1) may count the period for which the contributions were returned, if he pays the appropriate sum to his appropriate fund in his new employment.

    (3) That repayment must be made before the expiry of the period of six months beginning with his return to local government employment or such longer period as the authority who returned the contributions and, if different, his appropriate administering authority in his new employment may allow.

    (4) The appropriate sum is an amount equal to - 

    (5) Interest must be calculated - 

    (6) In any case where the whole or part of the period for which the contributions were returned was a period before 1st April 1972 which, if the member had been entitled immediately before the commencement date to count it, would have been reduced under regulation 8, the period which may be counted under paragraph (2) must be similarly reduced.

    (7) The repayment by a member under paragraph (2) in any tax year must not, when aggregated with his total contributions (as mentioned in regulation 16(2) of the 1997 regulations) payable in that tax year, exceed the maximum amount so payable by him.

Equivalent pension benefits
    
18.  - (1) This paragraph applies where - 

    (2) Where paragraph (1) applies, the member is entitled under the 1997 regulations in relation to that employment to an annual retirement pension payable at the rate of the equivalent pension benefits applicable to him in respect of any period of membership - 

    (3) That pension is payable from the first date on which he - 

    (4) Where a pension is payable under paragraph (2) to a member who attains state pensionable age for a period of service in a non-participating employment, which counts for the purpose of calculating any benefits payable to the member (other than excepted service), no relevant provision shall apply so as to reduce the pension below the minimum rate of equivalent pension benefits applicable for that period of service under the Insurance Acts.

    (5) A relevant provision is a provision of the 1997 regulations for the surrender, assignment, reduction, termination or suspension of a pension.

    (6) Paragraph (4) does not apply to relevant provision for the reduction, termination or suspension of a pension, which is used for a purpose prescribed by regulations made, or deemed to have been made, under section 57(1)(c) of the National Insurance Act 1965 (equivalent pension benefits).

    (7) For these Regulations and the 1997 regulations, a member to whom paragraph (1) applies shall be treated as having ceased to hold the employment for which he receives a return of contributions on the day before the date of receipt.

    (8) Entitlement to a pension under paragraph (2) must be disregarded - 

    (9) For this regulation a member may count the excess period referred to in regulation 123(1) of the 1997 regulations (service not matched by period credited on transfer into the Scheme).

    (10) In this regulation - 

Pension funds and appropriate fund authorities
     19.  - (1) The funds which are appropriate pension funds for the old provisions immediately before the commencement date shall continue to be appropriate pension funds for those provisions and shall be the appropriate funds for the 1997 regulations.

    (2) Without prejudice to paragraph (1), any liabilities under the old provisions, as they continue to apply by virtue of these Regulations, shall continue to be payable by the appropriate administering authority from the fund which is the appropriate pension fund as respects those liabilities immediately before that date.

    (3) Where immediately before that date any body is or may become liable to make payments to any such authority or to any pension fund in respect of any liability arising under the old provisions in respect of any person, liabilities in respect of whom continue to arise on or after that date under those provisions, that body shall continue to be the body which is or may become so liable.

    (4) But where, by virtue of Section B of the Table in Part III of Schedule 5 to the 1997 regulations, on the commencement date - 

then for paragraphs (1) to (3) - 

Continuation of employers' liability for certain payments
    
20.  - (1) Nothing in these Regulations affects the liability of any body to make payments under regulation L13 of the 1995 regulations in respect of any member who continues as an active member on the commencement date by virtue of regulation 3(1).

    (2) But if the member (or his personal representative) informs the relevant authority under regulation 14(2) (as applied by regulation 15(1)) that he does not wish a right which ceases to have effect under regulation 12(1)(a) to be treated as mentioned in regulation 14(1), regulation L13 of the 1995 regulations shall cease to apply in relation to that member's payments so far as they become due on or after the commencement date.

    (3) Where, in a case in which payments continue to be made under regulation L13(1) of the 1995 regulations by virtue of paragraph (1), following an election under regulation 16(1) a member makes a capital payment in full satisfaction of his liabilities in respect of any period, any liabilities which any body has in respect of him under that regulation are not affected.

Early retirement of chief officers
    
21.  - (1) Each new authority must determine the amount of its liability under regulation L15 of the 1995 regulations (extra charges resulting from early retirement of chief officers) immediately before the commencement date.

    (2) That amount is the aggregate amount - 

    (3) Before 1st July 1998 the new authority must - 

    (4) A notice under paragraph (3)(b) must be given in writing to the authority administering that fund.

    (5) If that authority disagrees with the new authority as to the amount determined by them under paragraph (1), that amount must be determined on the advice of an actuary appointed by the new authority.

    (6) If the new authority do not comply with paragraph (3), the authority administering the relevant fund may require the new authority to pay interest on the amount due as from 1st July 1998.

    (7) That interest must be calculated at one per cent. above base rate on a day to day basis to the date of payment and compounded with three-monthly rests.

    (8) In this regulation - 

Special cases
Civil servants transferred to the Environment Agency
     22.  - (1) The 1997 regulations apply with the following modifications to a member who is employed by the Environment Agency as a result of a relevant statutory transfer immediately before which he was a pensionable civil servant.

    (2) At the end of regulation 13(2) (exclusions from "pay") add the words

    (3) In regulation 31 (early leavers: deferred retirement benefits and elections for early payment) - 

    (4) The employment with the Environment Agency referred to in paragraph (1) does not count as new employment for regulation 109 (statements of policy concerning abatement of retirement pensions in new employment) or regulation 110 (application of abatement policy in individual cases).

    (5) The 1997 regulations and these Regulations shall have effect, so long as the member has no disqualifying break in service, as if they conferred on the member the same rights relating to service overseas as he would have enjoyed if he had remained subject to the principal civil service pension scheme.

    (6) For this regulation a member has a disqualifying break in service if there is a continuous period of at least 12 months during no part of which he is an active member.

    (7) A relevant statutory transfer in relation to a member is a transfer of his employment - 

    (8) A pensionable civil servant is a person who is employed in the civil service of the State and eligible to be a member of the principal civil service pension scheme.

Former NHS scheme members
     23.
 - (1) The 1997 regulations apply with the modifications mentioned in paragraphs (3) to (5) to a member - 

(1A) Subject to paragraph (1C), where a person who satisfies the provisions of paragraph (1)(a) and (b) has had a transfer value accepted by his fund authority before 28th March 1997, he may elect or, in the event of death, his appropriate administering authority may determine, that - 

    (1B) An election shall be made by notice in writing to the appropriate administering authority given within the period of three months beginning with the day on which the member or former member receives notice from his appropriate administering authority of his entitlement so to elect. (SI1998/2118)

    (1C) An election may be made by, or a determination made in respect of, a person who has ceased to hold a local government employment if he was entitled under regulations D5, D6, D7 or D9 of the 1995 regulations or regulations 25, 26, 27 or 31 of the 1997 regulations to the immediate payment of benefits upon such cessation. (SI1998/2118)

    (2) For paragraph (1)(c), interim payments of a transfer value are to be disregarded if the final payment of it was not made.

    (3) In regulation 31 of the 1997 regulations (early leavers: deferred retirement benefits and elections for early payment) - 

    (4) Regulation 57 of those regulations (effect of additional periods counted under Chapter III of Part III for older members) does not apply to so much of any period counted under that Chapter as is attributable to contributions paid under a contract - 

    (5) For regulation 123 of those regulations (rights as to service not matched by credited period), in the case of the transfer mentioned in paragraph (1) member's transferred-in service means any service which for the National Health Service Regulations the member was entitled to count in relation to employment in which he was an officer (as defined in those regulations) for determining whether he was entitled to a benefit under those regulations, but for no other purpose (SI1998/2118).

    (6) In relation to any person, the National Health Service Regulations means the National Health Service (Superannuation) Regulations 1980[9] or the National Health Service Pension Scheme Regulations 1995[10] as in force immediately before his transfer to local government employment.

Overseas employment
     24.  - (1) Where any person to whom regulation 3 of the Local Government Superannuation (Overseas Employment) Regulations 1985[11] applies has not made an election under paragraph (3) of that regulation, the 1997 regulations apply to him with the following modifications.

    (2) Regulation 31 (early leavers' pensions) does not apply unless his total period of membership is at least 5 years.

    (3) For paragraph (2) and the provisions mentioned in paragraph (4) he may count the period of overseas employment towards his total membership.

    (4) Those provisions are - 

    (5) In paragraph (3) "the period of overseas employment" means any period which, if Part II of the Superannuation (Local Government and Overseas Employment) Interchange Rules 1969[12] had applied to him, would have been a period of overseas employment (within the meaning of those rules).

    (6) His preserved benefits (including any increases under the Pensions (Increase) Act 1971[13] and the Pensions (Increase) Act 1974[14]) are subject to reduction, as if regulations D1(2) (with the substitution for "the appointed day" of "6th January 1986"), D1(3) and K1(7) of the 1974 regulations had continued to have effect.

    (7) But on a return to local government employment, despite regulation 9(3) of the 1997 regulations, previous service may be counted on repayment of the appropriate sum.

    (8) Paragraphs (3) to (7) of regulation 17 apply for the purposes of paragraph (7) above as they apply to a repayment under paragraph (2) of that regulation.

Community scheme transferees
     25.  - (1) Community scheme transferees and their surviving spouses, dependants and children are entitled to such rights under the Scheme as are specified in guidance issued by the Government Actuary.

    (2) A Community Scheme transferee is a person - 

    (3) The rights to which any person is entitled by virtue of guidance under this regulation must not be less valuable than those to which he would have been entitled if regulation K12 of the 1995 regulations still applied to him.

Supplementary provisions
Cost of resolutions
     26. Any extra charge on an appropriate fund resulting from a resolution under these Regulations by an authority in relation to any member must be repaid to the fund by that authority.

Minor and consequential amendments
    
27. The provisions specified in Schedule 3 shall have effect with the amendments made by that Schedule.

Transitional and transitory provisions and savings
    
28.  - (1) Schedule 4 shall have effect for the purpose of making transitional and transitory provision and savings.

    (2) Nothing in that Schedule affects the general operation of sections 16 and 17 of the Interpretation Act 1978[
16] (as applied by section 23 of that Act).

Revocations
     29. The replaced provisions are hereby revoked, but subject to the provisions of these Regulations and, in particular, Schedule 4.



Signed by authority of the Secretary of State


Hilary J Armstrong
Minister of State, Department of the Environment

30th June 1997



SCHEDULE 1Regulation 2(1).


ADDITIONAL REGULATIONS WHICH ARE 'OLD PROVISIONS"

The Local Government Pension Scheme (Local Government Reorganisation in Wales) Regulations 1995[
17]

The Local Government Pension Scheme (Pensionable Remuneration Amendment) Regulations 1995[18]

The Local Government Pension Scheme (Augmentation) Regulations 1995[19]

The Local Government Pension Scheme (Appropriate Pension Fund) Regulations 1996[20]

The Local Government Pension Scheme (Environment Agency) Regulations 1996[21]

The Local Government Pension Scheme (Amendment) Regulations 1996[22]

The Local Government Pension Scheme (Crown Prosecution Service) (Transfer of Pension Rights) Regulations 1996[23]

The Local Government Pension Scheme (London Boroughs Children's Regional Planning Committee) Regulations 1997[24]

The Local Government Pension Scheme (Internal Dispute Resolution Procedure) Regulations 1997[25]

The Local Government Pension Scheme (Amendment) Regulations 1997[26]

The Local Government Pension Scheme (Transfers from National Health Service Pension Scheme for England and Wales) Regulations 1997[27]



SCHEDULE 2Regulation 5.


RE-EMPLOYMENT OF MEMBERS (SCHEDULE D5 TO THE 1995 REGULATIONS ETC.)

Interpretation
     1. In this Schedule - 

     2. Despite regulation 3 - 

in relation to an active pensioner or a rejoining pensioner in his capacity as a pensioner member as respects his membership before the commencement date, except where the following provisions of this Schedule provide otherwise.

Re-employment and abatement
     3.  - (1) Where immediately before the commencement date Part I of Schedule D5 to the 1995 regulations (reduction of retirement pensions) applies to any person by virtue of one or more new employments with Scheme employers which continue on that date - 

    (2) Regulations 109 and 110 of the 1997 regulations shall apply instead of Part I of Schedule D5 to the 1995 regulations to a rejoining pensioner and a rejoining deferred member.

Combined benefits
     4.  - (1) An active pensioner or a former active pensioner may not make an election under Part II of Schedule D5 to the 1995 regulations on or after the commencement date, but he may make an election under regulation 29(1) of the 1997 regulations.

    (2) A rejoining pensioner or a rejoining deferred member or a former such person may not make an election under Part II of Schedule D5 to the 1995 regulations on or after the date on which he becomes an active member again, but he may make an election under regulation 29(1) of the 1997 regulations.

    (3) Where an election has been made under Part II of Schedule D5 to the 1995 regulations on or after the commencement date by a person who later becomes unable to make such an election by virtue of sub-paragraph (2) - 

unless he makes an election under regulation 29(1) of the 1997 regulations affecting the pension in question.

    (4) If he does so, regulation 29(1) to (8) of those regulations shall apply and the saved provisions shall cease to apply to him as respects the pension in question.

Separate benefits and dependants' benefits
     5.  - (1) This paragraph applies where an active pensioner, a rejoining pensioner or rejoining deferred member or a former such person does not make an election under regulation 29(1) of the 1997 regulations.

    (2) Regulation 29(9) of those regulations shall apply in relation to him instead of paragraph 17 of Schedule D5 to the 1995 regulations.

    (3) When he dies, regulation 48 of the 1997 regulations (dependants of re-employed pensioners) shall apply instead of Part IV of Schedule D5.

    (4) But, if he made an election under paragraph 10(1) of Schedule D5 to the 1995 regulations which continues in effect until his death, regulation 48 of the 1997 regulations shall apply as if the single pension to which he became entitled by virtue of that election was an unreduced retirement pension within regulation 48(1) of those regulations.

    (5) Regulation 39 (reduction of death grants: re-employed pensioners) of the 1997 regulations shall apply in relation to him, instead of paragraph 18 of Schedule D5 to the 1995 regulations, unless sub-paragraph (6) applies.

    (6) This sub-paragraph applies if when he dies, by virtue of regulation 48 of the 1997 regulations, all the benefits payable on his death (except short-term pensions payable under the old provisions or the 1997 regulations) are calculated on the assumption that he has made an election under regulation 29(1)).

Members with preserved rights
     6.  - (1) Where immediately before the commencement date there is an election in force in respect of a member's benefits under regulation D12(1)(c) of the 1995 regulations (elections to remain entitled to preserved benefits under regulation D11(1) of those regulations), for these Regulations he shall be treated as a deferred member (and not as an active member) as respects his rights to preserved benefits and the membership in question (but see the following provisions of this paragraph).

    (2) Sub-paragraph (1) is without prejudice to regulation 32(5) of the 1997 regulations and applies despite the fact that the member - 

    (3) Sub-paragraph (1) ceases to apply to a person falling within paragraph (2)(b) as respects any part of his former membership which he elects under regulation 32(1) of the 1997 regulations to aggregate with later membership.

    (4) Sub-paragraph (1) also ceases to apply if any person falling within that sub-paragraph makes an election under regulation 29(1) of the 1997 regulations.

    (5) Where sub-paragraph (4) applies, the member shall cease to be entitled to count under the saved provisions any period of membership to which he is entitled under the old provisions but as respects which he elected under regulation D12(1)(c) of the 1995 regulations to remain entitled to preserved benefits.

    (6) He shall instead be entitled to count that period as a period of membership for the purposes of regulation 9(1)(d) of the 1997 regulations.

    (7) But regulations 8 to 12 shall apply as to the adjustment of the length of that period as if it had been a period which he was entitled to count by virtue of regulation 6.

Elections for aggregation: members rejoining immediately before commencement
     7. Where immediately before the commencement date a member was eligible to make an election under regulation D12(1)(c) of the 1995 regulations by reason of having re-entered local government employment in the period of three months ending at that time, but had not done so - 

     8.  - (1) Where an active pensioner, a rejoining pensioner or a rejoining deferred member has not made an election under regulation 29(1) of the 1997 regulations - 

    (2) Sub-paragraph (1) ceases to apply to a rejoining deferred member as respects any part of his former membership which he elects under regulation 32(1) of the 1997 regulations to aggregate with later membership; and accordingly Schedule 4 to the 1997 regulations shall apply as respects all benefits payable to or in respect of him in relation to the membership aggregated.

Continuity of elections by certain rejoining deferred members
     9.  - (1) This sub-paragraph applies where a rejoining deferred member - 

    (2) Where sub-paragraph (1) applies the member may pay his employing authority in the employment in which he is an active member an amount equal to the amount which would have been payable if he had continued to be an active member and to make those payments.

    (3) That amount must be paid before the expiry of the period of three months beginning with the date he becomes an active member again.

    (4) If he pays them that amount - 

    (5) Sub-paragraph (1) does not apply if the member - 



SCHEDULE 3Regulations 2(1) and 27.


MINOR AND CONSEQUENTIAL AMENDMENTS

The Local Government Superannuation (Overseas Employment) Regulations 1985
     1. After paragraph (2)(d) of regulation 3 of the Local Government Superannuation (Overseas Employment) Regulations 1985[
28] add the words

     2. In regulation 4(2) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986[29] for "1995" substitute "1997".

The Local Government Superannuation (Miscellaneous Provisions) Regulations 1987
     3. In regulation 2(2) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1987[30] for "1995" substitute "1997".

The Local Government Superannuation (South Yorkshire Transport Limited) Regulations 1993
     4. In the Local Government Superannuation (South Yorkshire Transport Limited) Regulations 1993[31] - 

     5. In the Local Government Superannuation (Greater Manchester Buses Limited) Regula tions 1994[32] - 

     6. In regulation 2 of the Local Government Superannuation (Greater Manchester Buses North Limited) Regulations 1994[33] for the words "regulation 2(3) of the Local Government Superannuation (Membership) Regulations 1993" and "the Local Government Pension Scheme Regulations 1995" substitute respectively the words "paragraph 6(2) of Schedule 4 to the Local Government Pension Scheme (Transitional Provisions) Regulations 1997" and "the Scheme".

The Local Government (Compensation for Redundancy) Regulations 1994
     7. In regulation 2(1) of the Local Government (Compensation for Redundancy) Regulations 1994[34] - 

     8. At the end of regulation 9(4)(b) of those regulations add the words "or, by notice under regulation 26(3) of the 1997 regulations, under regulation 26 of those regulations".

The Local Government Superannuation (Amendment) Regulations 1994
     9. In regulation 10(1) of the Local Government Superannuation (Amendment) Regulations 1994[35] for paragraphs (a) to (c) substitute - 

     10. In regulation D8(5) of the Local Government Pension Scheme Regulations 1995[36] after the words "regulation J3" insert the words "or regulation 97 of the 1997 regulations (first instance decisions)".

     11. In regulation D12 of those regulations - 

     12. At the end of regulation D15 of those regulations insert the words "or, as the case may be, the corresponding provisions of the 1997 regulations (in accordance with Schedule 2 to the Transitional Regulations)".

     13. In regulation D17(9) of those regulations - 

     14. In regulation D21 of those regulations - 

     15. In regulations E3(1)(b) and (2)(ii) and E4(1)(b) and (3) of those regulations after the words "Schedule D5", wherever they occur, insert the words "to these regulations or regulation 110 (abatement) of the 1997 regulations".

     16. In regulation E6 of those regulations - 

     17. In regulation F1(2) of those regulations after the words "Schedule D5" insert the words "to these regulations or, as the case may be (in accordance with Schedule 2 to the Transitional Regulations), regulation 48(6) of the 1997 regulations".

     18. In regulation F2(2) of those regulations after the words "Schedule D5" insert the words "to these regulations or, as the case may be (in accordance with Schedule 2 to the Transitional Regulations), regulation 48 of the 1997 regulations".

     19. In regulation F4(1)(b) and (2) of those regulations - 

     20. In regulation F5 of those regulations - 

     21. In regulation F7(1) of those regulations after the words "Except where paragraph (2) applies" insert the words "or the appropriate administering authority determine by resolution that this paragraph shall not apply".

     22. At the end of regulation F10 of those regulations add the words "or, as the case may be, regulation 48 of the 1997 regulations (in accordance with Schedule 2 to the Transitional Regulations)".

     23. In regulation F11(3) of those regulations - 

     24. In regulation G3(5)(b) of those regulations after the words "Schedule D5" insert the words "to these regulations or, as the case may be, regulation 110 (abatement) of the 1997 regulations".

     25. In regulations G6(1)(b) and (3) and G7(1)(b) of those regulations - 

     26. In regulation G12 of those regulations after the words "Schedule D5" insert the words "to these regulations or, as the case may be, regulation 48 of the 1997 regulations (in accordance with the Transitional Regulations)".

     27. In Schedule A1 to those regulations - 

     28. In paragraph 4 of Schedule B6 to those regulations after the words "Schedule D5", wherever they occur, insert the words "or, as the case may be, regulation 29(1) to (8) of the 1997 regulations".

The Local Government Pension Scheme (Local Government Reorganisation in Wales) Regulations 1995
     29. In regulation 1(2) of the Local Government Pension Scheme (Local Government Reorganisation in Wales) Regulations 1995[37] after the definition of "the 1994 Act" insert - 

     30. In regulation 3(6) of those regulations after the words "the principal regulations" insert the words "or, as the case may be, the 1997 regulations".

     31. In regulation 4 of those regulations - 

     32. At the end of regulation 5(2) of those regulations add the words "or, as the case may be, regulation 82(4) of the 1997 regulations".

     33. In regulation 6 of those regulations - 

     34. In regulation 1(2) of the Local Government Pension Scheme (Environment Agency) Regulations 1996[38] before the definition of "the Active Fund" insert - 

     35. In regulation 2(1) of those regulations after the words "the principal Regulations" insert the words "and the 1997 regulations".

     36. In regulation 6 of those regulations - 

     37. In regulation 8 of those regulations - 

     38. In regulation 2 of the Local Government (Discretionary Payments) Regulations 1996[39] - 

     39. In regulation 5 of those regulations - 

     40. In regulation 6(1) of those regulations - 

     41. In regulation 7 of those regulations - 

     42. In regulation 8(1) of those regulations for the words "to which Part II of Schedule B6 of the LGPS Regulations applies", "would apply" and "regulation B18" substitute the words "which count as periods of superannuable membership (as defined in regulation 10 of the LGPS Regulations) and any increase in membership under regulation 13 of the Transitional Regulations,", "would count or, as the case may be, apply or be awarded" and "regulation 52"respectively.

     43. In regulations 9(2) and 10(2) of those regulations - 

     44. In regulation 11 of those regulations - 

     45. In regulation 16 of those regulations - 

     46. In regulation 17 of those regulations - 

     47. In regulation 18(4) of those regulations for the words "regulation D2" substitute the words "regulations 20 and 54".

     48. In regulation 19 of those regulations - 

     49. In regulation 20 of those regulations - 

     50. In regulation 21(2)(b) of those regulations for the words "regulation D7(1)(b)" substitute the words "regulation 27(1)".

     51. In regulation 22(1)(a) and (2)(a) of those regulations for the words "regulation G4 or G7"substitute the words "regulation 45".

     52. In regulation 24(1)(a) and (2)(a) of those regulations for the words "regulation G3, G5 or G6" substitute the words "regulation 46".

     53. In regulation 25 of those regulations - 

     54. In regulation 26(1) and (2) of those regulations for the words "regulation G11" substitute the words "regulation 47".

     55. In regulation 33(1)(b) of those regulations for the words "regulation B7" substitute the words "regulation 5".

     56. In regulation 36 of those regulations - 

     57. In regulation 39(3)(d) of those regulations for the words "regulation B10(1)" and "regulation B10(2) or B12" substitute respectively the words "regulation 7" and "regulation 7(5) or 8".

     58. In regulation 40 of those regulations - 

     59. IN regulation 42(1)(c)(i) of those regulations for the words "regulation D6(2)(a)"substitute the words "regulation 26(1)(b)".

     60. In paragraph 9 of Schedule 3 to those regulations - 

     61. In the definition of "base rate" in regulation 1(2) of the Occupational Pension Schemes (Transfer Values) Regulations 1996[40] for the word "1995" substitute the word "1997".

The Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997
     62.  - (1) The Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997[41] apply as respects the 1997 regulations with the following modifications.

    (2) For regulation 3 substitute -