# The Local Government Pension Scheme Regulations 1995, Regulation D11: Entitlement to deferred retirement benefits (“preserved benefits”)


(1) If a member who ceases to hold a local government employment—
(a) is not entitled under regulation D5, D6, D7 or D9 to retirement benefits which are payable immediately on his ceasing to hold that employment; and
(b) fulfils one of the following requirements, namely—
(i) he has a statutory pension entitlement; or
(ii) he is treated by virtue of regulation K23(2) as having ceased to hold the employment on becoming subject in it to an approved non-local government scheme;
then, subject to regulation D13, he becomes entitled in relation to that employment to a standard retirement pension and a standard retirement grant payable from the appropriate date; and in these regulations benefits to which a person becomes entitled under this paragraph by virtue of fulfilling one of the requirements mentioned in paragraph (b) and which have not yet become payable are called “preserved benefits”.
(2) For the purposes of paragraph (1) “the appropriate date”, in relation to any person, is his 65th birthday or, if earlier, the earliest of the following—
(a) his NRD;
(b) any date on which he becomes incapable, by reason of permanent ill-health or infirmity of mind or body, of discharging efficiently the duties of the employment he has ceased to hold;
(c) any date after he has attained the age of 50 years from which the employing authority determine on compassionate grounds that the benefits are to become payable;
(d) in the case of a person who has attained the age of 60 years, has ceased to be employed in local government employment and has duly elected to receive payment from the relevant date, that date.
(3) An election under paragraph (2)(d) shall be made by notice in writing to the employing authority given within the period of three months beginning with the relevant date.
(4) In this regulation “relevant date”, in relation to any person, means—
(a) the date on which he attains the age of 60, or
(b) if later, the date of his ceasing to be employed in local government employment.

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Source: https://www.legislation.gov.uk/uksi/1995/1019/regulation/D11 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-regulations-1995/regulation-D11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.