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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations make provision in relation to the Local Government Pension Scheme constituted under the Local Government Pension Scheme Regulations 1995 (“the principal Regulations”) in connection with persons whose employment transferred on or after 1st April 1996 to the Environment Agency and who in their previous employment were members of or entitled to be members of the Principal Civil Service Pension Scheme (“the former PCSPS members”).

Regulation 2 makes amendments to paragraph 9 of Schedule M2 to the principal Regulations which applies to the former PCSPS members.

Regulation 2(a) inserts a new sub-paragraph to allow periods in respect of which rights accrued under the Principal Civil Service Pension Scheme to count towards the total period of membership.

Regulation 2(c) removes a condition in sub-paragraph (9) requiring the written consent of the Environment Agency in connection with the early payment of pension. Regulation 2(b) makes a small amendment consequential upon that amendment.

Regulation 2(d) adds two sub-paragraphs to paragraph 9. The first sets out circumstances in which an alteration to the remuneration of a former PCSPS member may be treated as a cessation of a local government employment for the purposes of regulation D11 which deals with entitlement to preserved benefits on ceasing to hold a local government employment.

The second extends, for former PCSPS members, the meaning of a reduction in remuneration in Schedule D1 (further provision about pensionable remuneration) to include a restriction on the rate at which their remuneration may be increased.

The Regulations take effect from the 1st April 1996. (Section 12(1) of the Superannuation Act 1972 enables the Regulations to take effect from a date earlier than that on which they are made.) Regulation 3 provides that no individual who is qualified to receive benefits under the principal Regulations will be placed in a worse position than he would have been if these Regulations had had effect only from the date of their making.