{
  "url": "https://openlegislation.uk/local-government-pension-scheme-regulations-1997/regulation-123",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-1997/regulation-123.json",
  "legislation": "uksi/1997/1612",
  "legislation_title": "The Local Government Pension Scheme Regulations 1997",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-1997",
  "path": "regulation/123",
  "kind": "regulation",
  "number": "123",
  "heading": "Rights as to service not matched by credited period",
  "text": "(1) Where the member's transferred-in service exceeds the credited period, he may count the excess as a period which counts towards his total membership for the purposes of the provisions mentioned in paragraph (2).\n(2) Those provisions are—\n(a) regulation 19(1) (general qualification for benefits);\n(b) paragraphs (a) and (b) of the definition of “normal retirement date” in regulation 25(4);\n(c) regulation 41(4) and (5) (amount of active member's surviving spouse’s long-term pension);\n(d) regulation 87(1) (return of contributions).\n(3) A period which may be counted under paragraph (1) counts as its actual length.\n(4) The fund authority must give the member a written notice stating the period of membership he may count under paragraph (1).\n(5) The notice must contain a statement of the kind required by regulation 98(4).\n(6) The transferred-in service of a transferring member is the service in respect of which he has accrued rights to benefits under his previous occupational pension scheme or appropriate policy (whether or not the transfer value covers all those rights).\n(7) The period of that service is the period certified by the trustees or managers of that scheme or issuers of that policy.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "uksi/2004/3372",
      "affecting_title": "The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004"
    },
    {
      "type": "restored",
      "affecting": "uksi/2005/1903",
      "affecting_title": "The Local Government Pension Scheme (Amendment) Regulations 2005"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2005/3069",
      "affecting_title": "The Local Government Pension Scheme (Civil Partnership) (Amendment) (England and Wales) Regulations 2005"
    },
    {
      "type": "omitted",
      "affecting": "uksi/2006/966",
      "affecting_title": "The Local Government Pension Scheme (Amendment) Regulations 2006"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2002/206",
      "affecting_title": "The Local Government Pension Scheme (Amendment) Regulations 2002"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1612/regulation/123",
    "retrieved_at": "2026-10-29T12:06:30.691853+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."
}