Paragraph 2

(1)

For any member who is an existing contributor or a former contributor (as so defined) regulation 141 applies with these modifications.

(2)

References to old statutory provisions must be taken as references to the local Act superannuation provisions or, as the case may be, to the particular corresponding provision of the local Act superannuation provisions.

(3)

The old statutory provisions are—

(a)

the Acts of 1937 to 1953, or the regulations made under them (including those provisions applying as amended or extended by any local Act or scheme or together with any such provisions) or

(b)

the former regulations or a provision in the former regulations.

(4)

References to old funds must be taken as references to the local Act superannuation fund (as defined in the Local Government Superannuation (City of London) Regulations 1977^f1).

(5)

References to contributory employees must be taken as references to contributors to that fund.

(6)

If immediately before the commencement date the member was entitled by virtue of paragraph 3 of Schedule M3 to the 1995 regulations to make contributions at a lower rate, regulation 12 has effect, while he continues in the employment of the same City of London employing body, as if he were a member with lower rate rights whose standard contribution rate was that lower rate.

(7)

If immediately before the commencement date he—

(a)

was prospectively entitled under the local Act superannuation provisions to benefits which did not include a lump sum retiring allowance and a pension payable to his widow, and

(b)

did not make an election under regulation E19(2) of the 1974 regulations,

these Regulations apply with the modifications set out in paragrahs 3 and 5.

(8)

But if a person within paragrah (7)—

(a)

first married on or after 1st October 1977,

(b)

has continued to contribute to the pension fund maintained by the Common Council from the day on which he first became a member and without a break of 12 months or more, and

(c)

at a time when he is a member and within three months after first marrying elects by notice in writing to the Common Council to be treated as a person falling within paragraph (7),

these Regulations apply with the modifications set out in paragraphs 4 and 5.

(9)

These Regulations also apply with the modifications set out in paragraphs 4 and 5—

(a)

if a person within paragraph (7) who does not fall within paragraph (8)(a) and (b) made a similar election to that mentioned in paragraph (8)(c) under regulation E19(2) of the 1974 regulations; or

(b)

if a person who does not fall within paragraph (7)—

(i)

was prospectively entitled under the local Act superannuation provisions to benefits which did not include a lump sum retiring allowance, and

(ii)

did not make an election under regulation E19(2) of the 1974 regulations.

Annotations

Footnotes

f1: S.I. 1977/1341.