Working copy in force from 30 September 2010
Flexible retirement
18.—(1) A member who has attained the age of 55 and who, with his employer’s
consent, reduces the hours he works, or the grade in which he is employed, may
make a request in writing to the appropriate administering authority to receive
all or part of his benefits under these Regulations, and the authority may pay
those benefits and such benefits may, with his employer’s consent, be paid (SI 2008/1083) to him notwithstanding that he has not retired from that
employment.
(2) If the payment of benefits referred to in paragraph (1) takes effect before
the member’s 65th birthday 60th birthday (regulation 15(5) of the LGPS (Transitional Provisions) 2008), the benefits payable are reduced in accordance with
guidance issued by the Government Actuary.
(3) But the employer may agree to waive, in whole or in part, any such reduction as is referred to in paragraph (2).
(3A) If the payment of benefits referred to in paragraph (1) takes effect after the member’s 65th birthday 60th birthday (regulation 15(5) of the LGPS (Transitional Provisions) 2008), the benefits
payable shall be enhanced in accordance with guidance issued by the Secretary of State. (SI 2010/2090)
(4) In Subject to paragraph (4A), in (SI 2008/1083) the case of a person who is a member on 31st March 2008, and who makes a
request before 31st March 2010, paragraph (1) applies as if “the age of 50” were
substituted for “the age of 55”.
(4A) Paragraph (4) only applies to a member whose employment has been continuous with that same employer throughout that period.(SI 2008/1083)
(4B) For the purposes of paragraph (4A), the employment of a member who has been the subject of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 apply shall be treated as being continuous employment with the transferee employer. (SI 2008/1083)
(5) Where a member is receiving benefits under this regulation, the period of
membership used to calculate those benefits is not taken into account in any
subsequent calculation of such benefits to which he is entitled under these
Regulations.(SI 2008/1083)
(5) The value of any benefits paid to a member under paragraph (1) shall be taken into account in any subsequent calculation of his benefits under regulation 16, 17, 18, (SI 2010/2090)19, 20, 30 or 31 in accordance with guidance issued by the Government Actuary.(SI 2008/1083)
Calculation on
leaving early
29.—(1) This regulation applies in the case of a member who leaves local
government employment and is not entitled to immediate payment of retirement
pension under any of regulations 16 to 20.
(2) His entitlement to benefits that would, apart from any other provision of
these Regulations, become payable on his attaining normal retirement age, is
calculated in accordance with regulation 7 as at the date of his leaving such
employment.
(3) But that entitlement is extinguished if an aggregation takes place under
regulation 6(2) or if a transfer out takes place under regulations 116 to 118 of
the 1997 Regulations. (SI 2008/1083)
29.—(1) This regulation applies in the case of a member who leaves his employment and is not entitled to immediate payment of retirement pension under any of regulations 16 to 20.
(2) His entitlement to benefits that would, apart from any other provision of these Regulations, become payable on his attaining normal retirement age age 60 (regulation 15(4) of the LGPS (Transitional Provisions) 2008), is calculated in accordance with regulation 7 as at the date of his leaving such employment.
(3) Subject to regulations 30 and 31, his retirement pension becomes payable on attaining normal retirement age age 60 (regulation 15(4) of the LGPS (Transitional Provisions) 2008).
(4) But that entitlement is extinguished if an aggregation takes place under regulation 6(2) regulation 6 (SI 2008/2425) or if a transfer out takes place under regulations 78 to 80 of the Administration Regulations.
(5) Where a member chooses not to receive payment of his retirement pension, or any part of it, (SI 2010/2090) immediately on attaining normal retirement age, his entitlement is enhanced in accordance with guidance issued by the Government Actuary.
Choice of early payment of pension
30.—(1) If a member leaves a local government employment before he is entitled
to the immediate payment of retirement benefits (apart from this regulation),
once he has attained the age of 55 50 (regulation 15(6) of the LGPS (Transitional Provisions) 2008) he may choose to receive payment of them
immediately.
(2) A choice made by a member aged less than 60 is ineffective without the
consent of his employing authority or former employing authority (but see
paragraph (6)) (SI 2008/1083) .
(3) If the member so chooses, he is entitled to a pension payable immediately calculated in accordance with regulation 29 (SI 2008/1083).
(4) His pension must be reduced by the amounts shown as appropriate in guidance issued by the Government Actuary as respects members to whom regulation 15 of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008 applies (regulation 15(6) of the LGPS (Transitional Provisions) 2008).
(5) A member’s employing authority may determine on compassionate grounds that
his retirement pension and grant (SI 2008/1083) should not be reduced under paragraph (4).
(6) In the case of a person who is a member on 31st March 2008, and who makes an
election before 31st March 2010, paragraph (1) applies as if “the age of 50”
were substituted for “the age of 55”. (SI 2008/1083)
(6) In the case of a person who is an active member on 31st March 2008, and who makes an election before 1st April 2010, paragraph (1) applies as if “the age of 50” were substituted for “the age of 55 50”. (SI 2008/1083) (regulation 15(6) of the LGPS (Transitional Provisions) 2008)
(7) Paragraph (6) only applies to a member whose employment has been continuous with the same employing authority throughout that period. (SI 2010/2090)
(8) For the purposes of paragraph (7), the employment of a member who has been the subject of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 apply shall be treated as being continuous employment with the transferee employer. (SI 2010/2090)
Choice of payment of pension: pensioner member with deferred benefits
30A.—(1) Where a member who is treated as a pensioner member with deferred benefits under regulation 20(9) (“a regulation 20(9) member”), has reached the
Scheme’s normal retirement age age 60 (regulation 15(4) of the LGPS (Transitional Provisions) 2008), he or she is entitled to immediate payment of his or her retirement pension without reduction.
(2) Subject to paragraphs (3) and (4), a regulation 20(9) member may upon reaching the age of 55 50 (regulation 15(6) of the LGPS (Transitional Provisions) 2008), choose to receive payment of his or her retirement
pension immediately.
(3) A choice made by a member aged less than 60 is ineffective without the consent of the member’s former employing authority.
(4) Subject to paragraph (5), the member’s pension must be reduced by the amounts shown as appropriate in guidance issued by the Government Actuary as respects members to whom regulation 15 of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008 applies (regulation 15(6) of the LGPS (Transitional Provisions) 2008).
(5) The member’s former employing authority may determine on compassionate grounds that the member’s retirement pension should not be reduced under paragraph (4).