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Regulation 4M Statutory underpin: effect of cessation of Tier 3 benefitsF1C1

(1)

This regulation applies in relation to an eligible member—

(a)

who takes payment of Tier 3 benefits under regulation 35(7) of the 2013 Regulations; but

(b)

whose Tier 3 benefits subsequently cease by virtue of—

(i)

the eligible member having been entitled to Tier 3 benefits for three years,

(ii)

regulation 37(3) of the 2013 Regulations (starting employment), or

(iii)

regulation 37(7)(c) of those Regulations (cessation of benefit following review).

(2)

Where this regulation applies—

(a)

the eligible member ceases to be entitled to any future payments of any final guarantee amount to which the person became entitled by virtue of being entitled to Tier 3 benefits from the date those benefits cease; and

(b)

regulations 4A to 4V apply in relation to the eligible member as if they had never previously had a final underpin date in relation to the pension account.

Annotations

Textual amendments

F1

Regs. 4A-4V inserted (1.10.2023) by The Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023 (S.I. 2023/972), regs. 1(2), 2(4)

Modifications

C1

Regs. 4A-4V restricted (14.7.2026 for the tax year 2014-15 and subsequent tax years) by The Public Service Pension Schemes (Rectification of Unlawful Discrimination) (Tax) Regulations 2026 (S.I. 2026/673), regs. 1(2)(5), 15