# The Local Government Pension Scheme Regulations 1995, Part III: SUBSTITUTED SCHEDULE H1


“SCHEDULE H1
MODIFICATIONS AS RESPECTS CERTAIN PRE APRIL 1974 EMPLOYEES
Regulation H8.
PART I
WHERE NO RIGHT TO RETIREMENT GRANT
1 In regulation D2—
(a) in paragraph (1)(a), for the words “one eightieth” substitute “one sixtieth”, and
(b) omit paragraphs (1)(b), (2) and (3).
2 In regulation F2—
(a) in paragraph (1) for “spouse” and “spouses”, wherever they occur, substitute respectively “widow” and “widows”;
(b) in paragraph (2) for the words following “the annual rate of the long-term pension is” substitute
“the aggregate of—
(a) one four hundred and eightieth of her husband’s pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and
(b) one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of the period of his membership after 31st March 1972.”.
3 In regulation F3—
(a) in paragraph (1) for “spouse” and “spouses”, wherever they occur, substitute respectively “widow” and “widows”;
(b) for paragraph (2) substitute—
“(2) The annual rate of the long-term pension to which a widow is entitled under paragraph (1) is the aggregate of—
(a) one four hundred and eightieth of her husband’s pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and
(b) one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of the period of his membership after 31st March 1972.”.
4 In regulation F5—
(a) in paragraph (1) for “spouse” and “spouses”, wherever they occur, substitute respectively “widow” and “widows”;
(b) in paragraph (2) for the words following “the annual rate of the long-term pension is” substitute
“the aggregate of—
(a) one four hundred and eightieth of her husband’s pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972 and
(b) one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of the period of his membership after 31st March 1972.”.
5 Omit regulations G3, G5 and G6 and in regulation G7(1) paragraph (b) and the word “or” immediately preceding it.
PART II
WHERE NO RIGHT TO WIDOW'S PENSION
6 In regulation D2—
(a) in paragraph (1)(a), for the words from “equal to” onwards substitute “equal to the aggregate of—”
(i) one seventieth of his pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and
(ii) one sixtieth of his pensionable remuneration, multiplied by the length in years of the period of his membership after 31st March 1972
; and
(b) omit paragraphs (1)(b), (2) and (3).
7 In regulation F2—
(a) in paragraph (1) for “spouse” and “spouses”, wherever they occur, substitute respectively “widow” and “widows”;
(b) in paragraph (2) for the words following “the annual rate of the long-term pension is” substitute
“the aggregate of—
(a) (subject to paragraph (2A)) three tenths of the retirement pension to which her husband was or would have been entitled at the time of his death in respect of the period of his membership before 1st April 1972,
(b) one four hundred and eightieth of her husband’s pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and
(c) one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of the period of his membership after 31st March 1972.”; and
(c) after paragraph (2) insert—
“(2A) Where—
(a) the widow’s age at the date of her husband’s death is greater than his, or
(b) her age was less and she has no eligible child,
the amount calculated under paragraph (2)(a) is to be increased or reduced by an amount certified by an actuary to be just.”.
8 In regulation F3—
(a) in paragraph (1) for “spouse” and “spouses”, wherever they occur, substitute respectively “widow” and “widows”;
(b) for paragraph (2) substitute—
“(2) The annual rate of the long-term pension to which a widow is entitled under paragraph (1) is the aggregate of—
(a) (subject to paragraph (2A)) three tenths of the retirement pension to which her husband was or would have been entitled at the time of his death in respect of the period of his membership before 1st April 1972,
(b) one four hundred and eightieth of her husband’s pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and
(c) one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of the period of his membership after 31st March 1972”; and
(c) after paragraph (2) insert—
“(2A) Where—
(a) the widow’s age at the date of her husband’s death was greater than his, or
(b) her age was less and she has no eligible child,
the amount calculated under paragraph (2)(a) is to be increased or reducd by an amount certified by an actuary to be just.”.
9 In regulation F5—
(a) in paragraph (1) for “spouse” and “spouses”, wherever they occur, substitute respectively “widow” and “widows”;
(b) in paragraph (2) for the words following “the annual rate of the long-term pension is” substitute
“the aggregate of—
(a) (subject to paragraph (2A)) three tenths of the retirement pension to which her husband was or would have been entitled at the time of his death in respect of the period of his membership before 1st April 1972,
(b) one four hundred and eightieth of her husband’s pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and
(c) one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of the period of his membership after 31st March 1972.”; and
(c) after paragraph (2) insert—
“(2A) Where—
(a) the widow’s age at the date of her husband’s death was greater than his, or
(b) her age was less and she has no eligible child,
the amount calculated under paragraph (2)(a) is to be increased or reduced by an amount certified by an actuary to be just.”.
10 In regulation G3 for paragraph (2) substitute—
“(2) Subject to paragraph (5) and regulations G9 and G10, the annual amount of a children’s long-term pension is the appropriate fraction of the aggregate of—
(a) three tenths of the retirement pension to which the deceased was or would have been entitled at the time of his death in respect of the period of his membership before 1st April 1972,
(b) one four hundred and eightieth of his pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and
(c) one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of his period of membership after 31st March 1972.”.
11 In regulation G3 for paragraph (5) substitute—
“(5) For the purposes of calculating the amount of a children’s long-term pension under paragraph (2), no account shall be taken of any period of membership before attaining the age of 60 years beyond a total of 40 years; and any period of membership which is accordingly to be left out of account shall be taken from the beginning of the member’s period of membership.”.
12 In regulation G5 for paragraph (2) substitute—
“(2) Subject to paragraph (4) and regulations G9 and G10, the annual amount of a children’s long-term pension is the appropriate fraction (within the meaning of regulation G3(3)) of the aggregate of—
(a) three tenths of the retirement pension to which the deceased was or would have been entitled at the time of his death in respect of the period of his membership before 1st April 1972,
(b) one four hundred and eightieth of his pensionable remuneration, multiplied by the length in years of his period of membership 1st April 1972, and
(c) one one hundred and sixtieth of his pensionable remuneration, multiplied by the length in years of his period of membership after 31st March 1972.”.
13 In regulation G5 for paragraph (4) substitute—
“(4) For the purposes of calculating the amount of a children’s long-term pension under paragraph (2), no account shall be taken of any period of membership before attaining the age of 60 years beyond a total of 40 years; and any period of membership which is accordingly to be left out of account shall be taken from the beginning of the member’s period of membership.”.
14 In regulation G6 for paragraphs (2) and (3) substitute—
“(2) Subject to paragraph (3) and regulations G9 and G10, the annual amount of a children’s long-term pension is the appropriate fraction (within the meaning of regulation G3(3)) of the aggregate of—
(a) three tenths of the retirement pension to which the deceased was or would have been entitled at the time of his death in respect of the period of his membership before 1st April 1972,
(b) one four hundred and eightieth of his pensionable remuneration, multiplied by the length in years of his period of membership before 1st April 1972, and
(c) one one hundred and sixtieth of his pensionable remuneration multiplied by the length in years of his period of membership after 31st March 1972.
(3) For the purposes of calculating the amount of children’s long-term pension under paragraph (2), no account shall be taken of any period of membership before attaining the age of 60 years beyond a total of 40 years; and any period of membership which is accordingly to be left out of account shall be taken from the beginning of the member’s period of membership.”.
15 Before regulation G8 insert—
“Limitation on entitlement to children’s long-term pension
G7A Where a widow’s long-term pension is payable under Part F, no children’s long-term pension is payable until the day after the widow’s death.”.
16 In regulation G10(1), for the words from “then” to the end of the regulation substitute “the annual rate of the pension is to be reduced by the amount of the excess”.
PART III
WHERE NO RIGHT TO RETIREMENT GRANT OR WIDOW'S PENSION
17 In regulation D2 omit paragraphs (1)(b), (2) and (3).
18 In regulations D5, D6(1) and D7(1) omit paragraph (ii), in regulation D9(1) omit paragraph (b), and in all those regulations omit the word “and” immediately preceding the omitted paragraph and for the words “which are” substitute “which is”.
19 In regulation D11(1) omit the words “and a standard retirement grant”.
20 In regulations E1(2) and E2(2) omit the words from “less” onwards.
21 For regulations E3 and E4 substitute—
“Death of a pensioner
E3 (1) If at the time of his death a person—
(a) was entitled to receive payments in respect of a retirement pension, or
(b) would have been so entitled but for the operation of Schedule D5 (re-employed pensioners),
his personal representatives are entitled to receive a death grant.
(2) Where the deceased became entitled to the retirement pension otherwise than by virtue of becoming entitled to preserved benefits under regulation D11, the amount of the death grant is the greater of—
(a) the deceased’s pensionable remuneration, and
(b) three eightieths of his pensionable remuneration, multiplied by the length in years of the period of membership taken into account in calculating his retirement pension,
reduced by the total of—
(i) any retirement grant paid to him, and
(ii) any payments which were or would, apart from any reduction under Schedule D5 (re-employed pensioners) or partial surrender under regulation D14, have been made to him in respect of retirement pension.
(3) Where the deceased became entitled to the retirement pension by virtue of becoming entitled to preserved benefits under regulation D11, the amount of the death grant is the greater of—
(a) the amount mentioned in paragraph (2)(b), less the total of the sums mentioned in paragraph (2)(i) and (ii), and
(b) such proportion of the deceased’s pensionable remuneration (less the total of those sums) as the length in years of the period of membership taken into account in calculating his retirement pension bears to the length in years of the period of membership he would have had at his NRD.”.
22 Omit regulation E5.
23 In regulation F2—
(a) in paragraph (1) for “spouse” and “spouses”, wherever they occur, substitute respectively “widow” and “widows”;
(b) in paragraph (23) omit—
(i) in paragraph (a) the words from “if” to “years”, and
(ii) paragraph (b) and the word “and” immediately preceding it; and
(c) for paragraph (3) substitute—
“(3) For the purpose of calculating the rate of the pension under paragraph (2), no account shall be taken of membership before attaining the age of 60 years beyond a total of 40 years, and any period of membership which is accordingly to be left out of account shall be taken from the beginning of the husband’s period of membership”.
24 In Part III of Schedule D5 (re-employed pensioners: separate benefits) omit paragraph 18(3)(a)(iii) and (v).”

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Source: https://www.legislation.gov.uk/uksi/1995/1019/schedule/M3/part/III (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-regulations-1995/schedule-M3/part-III
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.