Regulation 13 Re-employed and rejoining deferred membersI1

Scotland Not yet in force

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

reg. 13(7A) words substituted by Local Government Pension Scheme 2012 reg. 23(a)
reg. 13(8)(aa) words inserted by Local Government Pension Scheme 2012 reg. 23(b)
reg. 13(7A) inserted by Local Government Pension Scheme 2011 reg. 22(c)
reg. 13(6)(a) words inserted by Local Government Pension Scheme 2011 reg. 22(a)
reg. 13(7) omitted by Local Government Pension Scheme 2011 reg. 22(b)
reg. 13(8)(aa) inserted by Local Government Pension Scheme 2011 reg. 22(d)
reg. 13(11) inserted by Local Government Pension Scheme 2011 reg. 22(e)
reg. 13 coming into force by Local Government Pension Scheme (Administration) 2008 reg. 1

(1)

Subject to paragraph (2), where a deferred member becomes an active member in an employment (“the new employment”) before becoming entitled to the immediate payment of retirement benefits, the member may, by giving notice in accordance with paragraph (8), elect to have his or her membership in any former employment aggregated with his or her membership in the new employment.

(2)

In the case of a deferred member who has been a councillor member, an election under paragraph (1) may only aggregate councillor membership with former councillor membership and, as the case may be, membership which is not councillor membership with former membership which is not councillor membership.

(3)

Where a member elects under paragraph (1)–

(a)

the member ceases to be entitled to rights under the Scheme in respect of the member’s former membership (except in so far as the member is entitled by virtue of having become an active member again to rights in respect of the aggregated total membership); and

(b)

the member ceases to count as a deferred member for these Regulations as respects the member’s former membership (unless the member becomes a deferred member again after ceasing to be an active member).

(4)

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

(a)

the membership at each of the times the member so ceased; or

(b)

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

(5)

Where a member who may elect under paragraph (1) does not do so or does not elect as respects all periods of the membership–

(a)

in applying regulations 6(1) (benefits), 8 (calculation of periods of length of membership) and 20 (early leavers: ill health) of the Benefits Regulations as respects any later membership, the total membership excludes unaggregated periods; and

(b)

as respects each unaggregated period of the member’s former membership–

(i)

paragraph (3) does not apply;

(ii)

the member shall continue to be treated as a deferred member or, as the case may be, as a pensioner member (and not as an active member); and

(iii)

the member shall be entitled to the same rights as if the member were not also an active member;

and references in these provisions to the member’s appropriate administering authority or appropriate fund shall be construed accordingly.

(6)

For this regulation a period of membership is an unaggregated period if–

(a)

no previous election has been made under this regulation for its aggregation; and

(b)

in the case of a period as respects which the member was entitled to elect under regulation E2(9)(c) of the 1987 Regulations (elections to remain entitled to preserved benefits) or any previous corresponding provision of the Scheme, such an election was made.

(7)

But a member cannot choose to aggregate any period of former membership which the member could have chosen to aggregate with another period of former membership but did not before the expiry of the period mentioned in paragraph (8)(a).

(8)

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)

to the member’s appropriate administering authority in that employment; and

(c)

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.

(9)

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

(10)

Where a person ceases to be an active member in one employment and immediately becomes an active member in another employment, the person shall be treated for the purposes of this regulation as if the person 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. 13 in force at 1.4.2009, see reg. 1