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Regulation 2 Pension sharing and the Local Government Pension Scheme Regulations 1995

Original text. Later amendments are not shown.

(1)

This regulation applies to persons specified in regulation 4(2)(a) of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997f1 (deferred members and pensioner members who immediately before 1st April 1998 were deferred members or pensioner members of the Scheme and who do not on or after that date become active members of the Scheme) who are also pension debit members.

(2)

Where the shareable rights of a person to whom this regulation applies become subject to a pension debit—

(a)

the benefits payable to him shall be reduced to take into account that debit; and

(b)

the amount of the reduction shall be calculated in accordance with guidance issued by the Government Actuary.

(3)

For the purposes of calculating—

(a)

a deferred pensioner’s children’s long-term pension under regulation G5 of the Local Government Pension Scheme Regulations 1995f2;

(b)

a pensioner’s children’s long-term pension under regulation G6 of those regulations; or

(c)

a pensioner’s children’s short-term pension under regulation G7 of those regulations

the reference to the deceased’s retirement pension shall be to the retirement pension to which the deceased would have been entitled had his shareable rights not been subject to a pension debit.

(4)

In this regulation, expressions used in the Local Government Pension Scheme Regulations 1995, the Local Government Pension Scheme Regulations 1997f3 (as amended by these Regulations) and the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 have the same meanings as in those regulations.

Annotations

Footnotes

f1

S.I. 1997/1613, amended by S.I. 1998/2118, 1999/1212.

f2

S.I. 1995/1019.

f3

S.I. 1997/1612, amended by S.I. 1997/1613, 1998/1238, 2118, 1999/1212, 3438, 2000/1005, 1164, 2826.