Regulation 16 Re-employed and rejoining deferred membersI1

England, Wales and Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 16(3)` substituted by Local Government Pension Scheme (Miscellaneous) 2010 reg. 43(a)
reg. 16(4)(bb) inserted by Local Government Pension Scheme (Miscellaneous) 2010 reg. 43(b)
reg. 16 coming into force by Local Government Pension Scheme (Administration) 2008 reg. 1(1)
reg. 16(7) inserted by Local Government Pension Scheme (Administration) 2008 reg. 3

(1)

Where a deferred member becomes an active member in an employment (“the new employment”) before becoming entitled to the immediate payment of retirement benefits, he may, by giving notice in accordance with paragraph (4), choose to have his membership in any former employment aggregated with his membership in the new employment.

(2)

Where he has ceased to be an active member more than once, he may choose to aggregate under paragraph (1)—

(a)

his membership at each of the times he so ceased; or

(b)

only such periods of membership as are specified in the notice.

(3)

But a member cannot choose to aggregate any period of former membership which he could have chosen to aggregate with another period of former membership but did not before the expiry of the period mentioned in paragraph (4)(b).

(4)

Notice for the purposes of paragraph (1) must be given in writing—

(a)

while the deferred member is an active member in the new employment;

(b)

before the expiry of—

(i)

the period of 12 months beginning with the date on which he became an active member in that employment, or

(ii)

such longer period as his employer may allow;

(c)

to his appropriate administering authority in that employment; and

(d)

if the appropriate fund for membership in the new employment is different from that for any former employment to which the notice relates, to the appropriate administering authority in that former employment.

(5)

References in this regulation to former membership include all membership which the member was entitled to count as membership immediately before he ceased his former active membership.

(6)

Where a person ceases to be an active member in one employment and immediately becomes an active member in another employment, he shall be treated for the purposes of this regulation as if he were a deferred member as respects the first employment, despite never having ceased to be an active member of the Scheme.

Annotations

Commencement

I1: Reg. 16 in force at 1.4.2008, see reg. 1(1)