Regulation 23 Former NHS scheme members

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.23(1)(a) amended by Local Government Pension Scheme (Transitional Provisions etc.) 1998 reg.6(a)
reg.23(1)(c) amended by Local Government Pension Scheme (Transitional Provisions etc.) 1998 reg.6(b)
reg.23(1A)(1B)(1C) added by Local Government Pension Scheme (Transitional Provisions etc.) 1998 reg.6(c)
reg. 23 continued by Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) 2014 reg. 24(5)

(1)

The 1997 regulations apply with the modifications mentioned in paragraphs (3) to (5) to a member—

(a)

who became an active member after being transferred to the employment of a higher education corporation, higher education trust or admission body on or after 1 October 1994 and has remained so with no disqualifying break of service (as defined in regulation 22(6));

(b)

who immediately before that transfer was eligible to be a member of the pension scheme the rules of which are set out in the National Health Service Regulations (whether or not he was); and

(c)

in respect of whom no transfer value was accepted under regulation K13 of the 1995 regulations before 28th March 1997.

(2)

For paragraph (1)(c), interim payments of a transfer value are to be disregarded if the final payment of it was not made.

(3)

In regulation 31 of the 1997 regulations (early leavers: deferred retirement benefits and elections for early payment)—

(a)

in paragraph (1) for the words “may elect” substitute the words “is entitled”;

(b)

omit paragraphs (2) and (3);

(c)

in paragraph (4) for the words from the beginning to “85 years” substitute the words “If the member has not attained the age of 60”.

(4)

Regulation 57 of those regulations (effect of additional periods counted under Chapter III of Part III for older members) does not apply to so much of any period counted under that Chapter as is attributable to contributions paid under a contract—

(a)

which was deemed by paragraph 10(3)(a) of Schedule M2 to the 1995 regulations to have been made pursuant to an election under regulation C9 of those regulations,

(b)

under which contributions were being made immediately before the commencement date, and

(c)

which is treated as continuing under regulation 14.

(5)

For regulation 123 of those regulations (rights as to service not matched by credited period), in the case of the transfer mentioned in paragraph (1) member’s transferred-in service means any service which for the National Health Service Regulations the member was entitled to count in relation to employment in which he was an officer (as defined in those regulations) for determining whether he was entitled to a benefit under those regulations, but for no other purpose.

(6)

In relation to any person, the National Health Service Regulations means the National Health Service (Superannuation) Regulations 1980^f1 or the National Health Service Pension Scheme Regulations 1995^f2 as in force immediately before his transfer to local government employment.

Annotations

Footnotes

f1: S.I. 1980/362 as amended by S.I. 1981/1205, 1982/288, 1765, 1985/39, 1987/2218, 1989/804, 1991/584.
f2: S.I. 1995/300.