Regulation K28 Overseas employment

(1)

Where any person to whom regulation 3 of the Local Government Superannuation (Overseas Employment) Regulations 1985^f1 applies has not made an election under paragraph (3) of that regulation, these regulations apply to him with the following modifications.

(2)

Regulation D12 (further provisions about preserved benefits) applies as if—

(a)

after paragraph (1)(d) there were inserted the words

“or

(e)

if the total period of his membership is less than 5 years.”; and

(b)

in paragraph (2) after paragraph (b) there were inserted the words—

“but no such election may be made where paragraph (1)(e) applies”.

(3)

Schedule B6 applies as if—

(a)

in paragraph 5 after paragraph (e) there were inserted—

“(ee)

regulation D12(1)(e) (cessation of right to preserved benefits: overseas service cases)”; and

(b)

after paragraph 10 there were inserted—

“Overseas service
10A

Any period which, if Part II of the Superannuation (Local Government and Overseas Employment) Interchange Rules 1969^f2 had applied to him, would have been a period of overseas employment (within the meaning of those rules) counts as a period to which this Part of this Schedule applies.”.

(4)

Preserved benefits (including any increases under the Pensions (Increase) Act 1971^f3 and the Pensions (Increase Act) 1974^f4 are subject to reduction, but on a return to local government employment previous service becomes reckonable on repayment of a sum equal to the amount of returned contributions, as if regulations D1(2) (with the substitution for “the appointed day” of “6th January 1986”), D1(3) and K1(7) of the 1974 regulations had continued to have effect.

Annotations

Footnotes

f1: S.I. 1985/1922.
f2: S.I. 1969/975; rules amended by the Local Government Superannuation (Overseas Employment) Regulations 1985 (S.I. 1985/192) in relation to certain employees.
f3: 1971 c. 56.
f4: 1974 c. 9.