Paragraph 1 “Class A members”, “Class B members” and “Class C members”F1I1

In this Schedule,

• “member” includes a former member;

• “Class A member” means a member who—

  1. (a)

     became a member on or after 1st June 1989 and is not to be treated as a Class B member or Class C member by virtue of sub-paragraph (2); or

  2. (b)

     was a Class B member or a Class C member immediately before that date and is deemed to have become a Class A member by virtue of making an election under sub-paragraph (3);

• “Class B member” means a member who—

  1. (a)

     became a member on or after 17th March 1987 and before 1st June 1989;

  2. (b)

     is not to be treated as a Class C member by virtue of sub-paragraph (2); F2...

  3. (c)

     is not deemed to have become a Class A member by virtue of making an election under sub-paragraph (3); F3and

  4. (d)

     F4has continued to be a member since before 1st June 1989 and has either not had a continuity break or satisfies one of the continuity conditions mentioned in sub-paragraph (7) in relation to any period when he was not a member.

• “Class C member” means a member who—

  1. (a)

     became a member before 17th March 1987 F5and has not had a continuity break or is to be treated as a Class C member by virtue of sub-paragraph (2); F6...

  2. (aa)

     F7has continued to be a member since before 17th March 1987 or satisfies one of the continuity conditions mentioned in sub-paragraph (7) in relation to any period when he was not a member; and

  3. (b)

     is not deemed to have become a Class A member by virtue of duly making an election under sub-paragraph (3).

• F8“continuity break” is a change of employment from a LGPS employer (including an admission body) to a non-associated or transferee admission body (as defined in regulation B6(16)(c) and (g)) but does not include a change in the case of a person who was a member of the Scheme on 2nd April 2001

A person may be treated for the purposes of this Schedule as being a Class B member or a Class C member, notwithstanding that he did not become a member of the Scheme before 1st June 1989 or, as the case may be, 17th March 1987, if on application to them by the Committee the Commissioners of Inland Revenue agree in writing that he may be so treated by virtue of previous membership of a pension scheme approved under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988.

If a Class B member or a Class C member duly elects by notice in writing to the Committee before the relevant date that he wishes to be treated as a Class A member for the purposes of this Schedule, he shall be deemed to have become a Class A member on 1st June 1989.

For the purposes of sub-paragraph (3) “the relevant date”, in relation to any member, means the date on which he ceases to be a member for any reason (including death).

For the purposes of this paragraph, a person shall only be treated as being a Class B member or a Class C member at any time by virtue of having become a member before 1st June 1989 or, as the case may be, 17th March 1987, if—

Where a member who was eligible to become a member at a time when he would have become a Class B member or a Class C member as the case may be applies for membership after that date by virtue of being a person to whom regulation K17 applies, he shall be treated as a Class B or a Class C member as the case may be at any time if—

The F11continuity conditions mentioned in sub-paragraph F121(1), (5)(b) and (6)(b) are—