Regulation 13 Definitions

in the definition of “former employment”, by omitting the words from “and paragraphs” to the end;

in the definition of “new employment”, by substituting for the words “and paragraphs (7) to (9)” the words “and paragraph (10)”, and by substituting for the words “as if” to the end of the definition the words “as it applies for the purposes of that regulation”;

by substituting for the definition of “occupational pension”—

““occupational pension” in relation to a person means a pension to which he has become entitled, whether payable immediately or in the future, being—

(a)

a pension associated with any employment which is payable under an enactment (not being for these purposes an enactment comprised in the Social Security Act 1975^f1 or the Superannuation Regulations), contract, scheme or other arrangement, including a pension under a personal pension scheme in relation to which the Secretary of State has paid contributions under section 1 of the Social Security Act 1986^f2, or

(b)

a pension derived from the payment of a transfer value calculated by reference to pension rights (contingent or otherwise) arising under the Superannuation Regulations or arising with respect to such a pension as is mentioned in paragraph (a) above,

• and not being a pension which is a lump sum;”;

by omitting the words

““pensionable employee”, “pensionable remuneration”,” and “, “reckonable service””;

by inserting after the definition of “occupational pension”—

““pensionable employee” means a pensionable employee within the meaning of the Superannuation Regulations or a person who the employing authority are satisfied would be such or be treated as such but for a relevant disqualification; “pensionable remuneration” in relation to a person means the remuneration which is, or if there has been a relevant disqualification, which but for that disqualification and on the relevant assumptions would be, that person’s pensionable remuneration under the Superannuation Regulations;”;

by inserting after the definition of “periodic payment”—

““reckonable service” means any period of reckonable service within the meaning of the Superannuation Regulations, together with any period of special service not being special service consisting of periods of unpaid leave or other unpaid absence from duty;”;

by inserting after the definition of “redundancy payment”—

““the relevant assumptions” are the assumptions that—

(a)

during any period of special service a beneficiary was a pensionable employee within the meaning of the Superannuation Regulations,

(b)

a beneficiary’s reckonable service for the purposes of those regulations included any periods of special service which do not consist of periods of unpaid leave or other unpaid absence from duty,

(c)

for the purposes of regulation E3(12) of those regulations, no notification had been given under regulation B1B,

(d)

any notice or determination which, on the assumptions mentioned above, might have been given or made under regulation E22(3)(b) of those regulations with respect to a period of special service had been given or made,

(e)

any notice or determination which, on the assumptions mentioned above, might have been given or made under regulation E22(4) or (5)(c) of those regulations with respect to a period of special service had not been given or made, and

(f)

regulation E22(7) of those regulations did not apply with respect to a period of special service;

“relevant disqualification” in relation to a person means—

(a)

the requirement in regulation B1(3)(a) of or paragraph 1(4)(a) of Part IV of Schedule 2 to the Superannuation Regulations that a manual worker should have completed an appropriate 12 months' continuous employment before he may become a pensionable employee,

(b)

the failure of a medical examination required under regulation B1(16) of those regulations,

(c)

the making of an election under regulation B1(15B) of those regulations before its omission by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988,

(d)

the making of an election, or the absence of an election with respect to any period (as the case may be), under regulation B1(18) of or Part IV of Schedule 2 to the Superannuation Regulations before the omission or amendment of those provisions by the Local Government (Superannuation and Compensation) (Amendment) Regulations 1988,

(e)

the absence of an election under regulation B1A of the Superannuation Regulations with respect to any period,

(f)

the giving of a notification under regulation B1B of those regulations,

(g)

the absence of an election under paragraph 1(b) of Part III of Schedule 2 to those regulations with respect to any period, or

(h)

the making of an election, or the absence of an election with respect to any period (as the case may be), under regulation 25(3)(b) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1987^f3,

in consequence of one or more of which (either individually or cumulatively) that person has not become, has ceased to be or has not been treated as being a pensionable employee within the meaning of the Superannuation Regulations;”;

by inserting after the definition of “scheduled body”—

““special service” means any period of employment with respect to which the employing authority is satisfied that the person concerned would have been or been treated as being a pensionable employee within the meaning of the Superannuation Regulations but for a relevant disqualification, except that, in relation to any employment ending before he began his former employment, it only includes such periods as are continuous with the former employment; and a period of employment is continuous with the former employment for this purpose if in the interval between its ending and the former employment beginning there have been no breaks in employment with a scheduled body or a body mentioned in column 1 of Part 2 of Schedule 1 for periods of greater than one month and one day;”; and

in the definition of “the Superannuation Regulations”, by substituting for the figure “1974” the figure “1986”.