Regulation 9 TransfersI1
England and Wales
Where a transfer payment is received into the 2014 Scheme in respect of a person from a different public service pension scheme which includes a payment in respect of service F1that is not remediable service F2... which would have entitled the person to final salary benefits in that scheme, such payment shall entitle that person to benefits under the 2014 Scheme as if they were payable as final salary benefits under the 2008 Scheme so long as the person in respect of whom the transfer payment is received has had no continuous break in active membership of any public service pension scheme of more than five years F3since ceasing active membership in the scheme from which the transfer payment is received.
Where a transfer payment is received into the 2014 Scheme in respect of a person from a different public service pension scheme which includes a payment in respect of remediable service, the payment in respect of remediable service entitles the person to benefits under the 2014 Scheme.
For the purposes of these Regulations, so long as there has been no continuous break in active membership of a public service pension scheme of more than five years since the remediable service was accrued, transferred remediable service to which paragraph (1ZA) applies is to be treated as a pension to which regulations 4A to 4V apply.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a transfer payment is to be made to a registered pension scheme or qualifying recognised overseas pension scheme in respect of a member of the 2014 Scheme, that transfer payment shall include any benefits accrued by that member under the Earlier Schemes that are aggregated with the service under the 2014 Scheme.
Where a transfer payment to which paragraph (1) applies is received into the 2014 Scheme in respect of an elected member, such payment is to entitle the person to benefits under the 2014 Scheme.
Notwithstanding paragraphs (1ZA) and (1ZB), where a transfer payment, to which paragraphs (1ZA) and (1ZB) apply is received into the 2014 Scheme in respect of an elected member, such payment is not to be treated as—
a payment in respect of a remediable service for an elected member, or
a pension to which regulations 4A to 4V apply.
Where a transfer payment is received from a registered pension scheme which is not a public service pension scheme, or from a European Pensions Institution in respect of a member of the 2014 Scheme, if the relevant date in either case was before 1st April 2014, that transfer payment shall be dealt by the appropriate administering authority as if it had been received in respect of membership of the 2008 Scheme.
The relevant date for the purposes of paragraph (3) is the date on which the person first became an active member in the employment, or the date the transfer payment is received if more than 12 months later.
In this regulation, “elected member” has the same meaning as in Schedule 1 to the Local Government Pension Scheme Regulations 2013.
Annotations
Textual amendments
- F1
Words in reg. 9(1) inserted (1.10.2023) by The Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023 (S.I. 2023/972), regs. 1(2), 2(5)(a)
- F2
Words in reg. 9(1) omitted (with effect in accordance with of the amending S.I.) by virtue of The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2)(3)(j), 26(a)(i)
- F3
Words in reg. 9(1) added (with effect in accordance with of the amending S.I.) by The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2)(3)(j), 26(a)(ii)
- F4
Reg. 9(1ZA)(1ZB) inserted (1.10.2023) by The Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023 (S.I. 2023/972), regs. 1(2), 2(5)(b)
- F5
Reg. 9(1A) omitted (1.10.2023) by virtue of The Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023 (S.I. 2023/972), regs. 1(2), 2(5)(c)
- F6
Reg. 9(2A)(2B) inserted (11.5.2026) by The Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026 (S.I. 2026/346), regs. 1(1), 7(a)
- F7
Reg. 9(5) inserted (11.5.2026) by The Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026 (S.I. 2026/346), regs. 1(1), 7(b)
Commencement
- I1
Reg. 9 in force at 1.4.2014, see reg. 1(3)