# The Local Government Superannuation (Amendment) Regulations 1992, Regulation 28: Payments to avoid reduction of retiring allowance and death grant


Regulation C8 of the principal Regulations is amended—
(a) in paragraph (1), by substituting for the words “E3(7) or (8)” the words “E3(7), (7A), (8) or (8A)”;
(b) by substituting for paragraph (3) the following:
“(3) A notice under paragraph (2) must specify whether the reckonable service in respect of which the reduction is to be avoided is the whole, and if not what part it is, of that person’s reckonable service—
(a) in the case of a male employee, or a female employee who has made an election under regulation E12(1)(b) or (2)(b), before 1st April 1972 or (in the case of a male) any earlier date on which he became a widower or was judicially separated, or on which his marriage was dissolved, and
(b) in the case of a female employee who has given notice under regulation E6(7), which is or is treated for the purposes of regulation E3(8B) as being reckonable service—
(i) before 1st April 1972;
(ii) after 31st March 1972 but before 6th April 1988.”;
(c) in paragraph (4)(a), by inserting after the words “1st April 1972,” the words “(in the case of a person described in paragraph (3)(a)) or before 6th April 1988 (in the case of a person described in paragraph (3)(b))”;
(d) in paragraph (6), by inserting after the word “applies” the words “or, where paragraph (3)(b) applies, giving notice under regulation E6(7)”;
(e) in paragraph (10), by substituting for the words “paragraph (11)” the words “paragraphs (11) and (12)”;
(f) by inserting after paragraph (11) the following:
“(12) Where—
(a) this regulation applies to a woman by virtue of regulation E12; and
(b) she has made an election under paragraph (2) above; and
(c) this regulation subsequently applies to her by virtue of regulation E3(7A) or (8A); and
(d) she makes a further election under paragraph (2) above,
any payments made under this regulation pursuant to the election referred to in sub-paragraph (b) above shall be deemed to have been made pursuant to that further election, and any additional sums payable by her pursuant to that further election shall be determined accordingly by the fund’s actuary.”.

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Source: https://www.legislation.gov.uk/uksi/1992/172/regulation/28 (the official version)
Page: https://openlegislation.uk/local-government-superannuation-amendment-regulations-1992/regulation-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.