Paragraph 4

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

Sch. 2 para. 1 words inserted by Local Government Pension Scheme (Miscellaneous Provisions) 1999 reg. 24(b)(i)
Sch. 2 para. 4(1) words inserted by Local Government Pension Scheme (Miscellaneous Provisions) 1999 reg. 24(b)(ii)
Sch. 2 para. 5(1) words substituted by Local Government Pension Scheme (Miscellaneous Provisions) 1999 reg. 24(b)(iii)
Sch. 2 para. 8(1) words inserted by Local Government Pension Scheme (Miscellaneous Provisions) 1999 reg. 24(b)(iv)
Sch. 2 para. 8(2) words inserted by Local Government Pension Scheme (Miscellaneous Provisions) 1999 reg. 24(b)(v)

(1)

An active pensioner or a former active pensioner may not make an election under Part II of Schedule D5 to the 1995 regulations on or after the commencement date, but he may make an election under regulation 29(1) of the 1997 regulations.

(2)

A rejoining pensioner or a rejoining deferred member or a former such person may not make an election under Part II of Schedule D5 to the 1995 regulations on or after the date on which he becomes an active member again, but he may make an election under regulation 29(1) of the 1997 regulations.

(3)

Where an election has been made under Part II of Schedule D5 to the 1995 regulations on or after the commencement date by a person who later becomes unable to make such an election by virtue of sub-paragraph (2)—

(a)

that election shall continue to have effect, and

(b)

that Part of that Schedule shall continue to apply,

unless he makes an election under regulation 29(1) of the 1997 regulations affecting the pension in question.

(4)

If he does so, regulation 29(1) to (8) of those regulations shall apply and the saved provisions shall cease to apply to him as respects the pension in question.