# The Local Government Pension Scheme (Transitional Provisions) Regulations 1997, Paragraph 5


(1) This paragraph applies where an active pensioner, a rejoining pensioner or rejoining deferred member or a former such person does not make an election under regulation 29(1) of the 1997 regulations.
(2) Regulation 29(9) of those regulations shall apply in relation to him instead of paragraph 17 of Schedule D5 to the 1995 regulations.
(3) When he dies, regulation 48 of the 1997 regulations (dependants of re-employed pensioners) shall apply instead of Part IV of Schedule D5.
(4) But, if he made an election under paragraph 10(1) of Schedule D5 to the 1995 regulations which continues in effect until his death, regulation 48 of the 1997 regulations shall apply as if the single pension to which he became entitled by virtue of that election was an unreduced retirement pension within regulation 48(1) of those regulations.
(5) Regulation 39 (reduction of death grants: re-employed pensioners) of the 1997 regulations shall apply in relation to him, instead of paragraph 18 of Schedule D5 to the 1995 regulations, unless sub-paragraph (6) applies.
(6) This sub-paragraph applies if when he dies, by virtue of regulation 48 of the 1997 regulations, all the benefits payable on his death (except short-term pensions payable under the old provisions or the 1997 regulations) are calculated on the assumption that he has made an election under regulation 29(1)).

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Source: https://www.legislation.gov.uk/uksi/1997/1613/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-transitional-provisions-regulations-1997/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.