{
  "url": "https://openlegislation.uk/local-government-pension-scheme-amendment-regulations-1998/regulation-5",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-amendment-regulations-1998/regulation-5.json",
  "legislation": "uksi/1998/530",
  "legislation_title": "The Local Government Pension Scheme (Amendment) Regulations 1998",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-amendment-regulations-1998",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "National Health Service Pension Scheme",
  "text": "Schedule M2 to the principal Regulations is amended—\n(a) in paragraph 10(1)(a), by substituting for the date “1st October 1994” the date “1st August 1991”;\n(b) in paragraph 1 (1)(c), by inserting before the words “in respect of whom” the words “subject to sub-paragraph (1A)”;\n(c) in paragraph 10, by adding the following after sub-paragraph (1) —\n“(1A) subject to sub-paragraph (1C), where a person who satisfies the provisions of sub-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—\n(a) the transfer value in respect of him shall be treated as an interim payment, and\n(b) the provisions of this paragraph shall apply to him.\n(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.\n(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 to the immediate payment of benefits upon such cessation.”;\n(d) by substituting for paragraph 10(3) the following—\n“(3) A person who has entered into a contract under the National Health Service Regulations to purchase an additional period of membership under those regulations shall be entitled for so long as there is no disqualifying break of service to continue to make additional periodic payments as if they were made pursuant to an election made under regulation C9 and in respect of the same additional period of membership and in the same amount as required under the National Health Service Regulations and regulations C11 and D2(2) shall not apply.”;\n(e) by substituting for sub-paragraphs (13) and (14) the following—\n“(13) Where a transfer value is accepted in relation to a person to whom this paragraph applies, the period mentioned in regulation K14(1)(a) shall be equal to the period of pensionable service used to calculate benefits under the national Health Service Pension Scheme.\n(14) Where sub-paragraph (13) applies—\n(a) regulations K14(2), K18 and K19 shall not apply for the purposes of making any calculations under these regulations;\n(b) Part II of Schedule D2 (reduction in standard retirement grant on account of contingent spouse’s pension) shall apply—\n(i) to the extent that a reduction would have been made to the lump sum on retirement under the National Health Service Regulations, and\n(ii) as if references to 1st April 1972 were references to 25th March 1972;\n(c) Part F shall apply as if the period of membership which the person is entitled to count under regulation K14(1)(a) had accrued while a member of the Scheme rather than as a member of the National Health Service Pension Scheme; and\n(d) any election for a widower’s pension in respect of service before 6th April 1988 made by a female member while a member of the National Health Service Scheme shall be treated for the purposes of Part F as if that election had been made under and in accordance with these regulations.”;\n(f) in sub-paragraph (15), by deleting the words “but for no other purpose”, and\n(g) by inserting after sub-paragraph (15) the following new sub-paragraph —\n“(15A) The person is entitled to treat his relevant National Health Service Pension Scheme period of membership as if it had been a period of membership (as defined in regulation B14) for the purposes of calculating his pensionable remuneration.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Paragraph 10 was added to Schedule M2 to the principal Regulations by S.I. 1997/598."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/530/regulation/5",
    "retrieved_at": "2026-10-29T11:36:07.800994+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}