{
  "url": "https://openlegislation.uk/local-government-superannuation-interchange-regulations-1991/regulation-10",
  "json_url": "https://openlegislation.uk/local-government-superannuation-interchange-regulations-1991/regulation-10.json",
  "legislation": "uksi/1991/2471",
  "legislation_title": "The Local Government Superannuation (Interchange) Regulations 1991",
  "legislation_url": "https://openlegislation.uk/local-government-superannuation-interchange-regulations-1991",
  "path": "regulation/10",
  "kind": "regulation",
  "number": "10",
  "heading": "Outward transfers",
  "text": "Regulation J2 of the principal Regulations is amended–\n(a) by substituting for paragraphs (1) to (4) the following:\n“(1) Subject to paragraphs (6) and (7), where a person has ceased to be a pensionable employee by virtue of–\n(a) his ceasing to be employed in local government employment, or\n(b) a notification under regulation B1B, and the conditions in paragraph (2) are satisfied, the fund authority shall, in relation to that person, pay a transfer value to be used in accordance with paragraph 13 of Schedule 1A to the Pensions Act at the person’s option in one or more of the ways set out in sub-paragraph (2) of that paragraph.\n(2) The conditions are that–\n(a) he ceased to be a pensionable employee as described in paragraph (1) at least one year before he would have attained pensionable age, or, where the transfer value is to be paid to a superannuation scheme, before he would have attained pensionable age; and\n(b) he is a person–\n(i) who is entitled to reckon an aggregate of not less than 2 years' reckonable service and qualifying service, or\n(ii) in relation to whom a transfer value from the trustees or managers of a personal pension scheme or a self-employed pension arrangement has been and remains credited to the appropriate superannuation fund, or\n(iii) who after ceasing to be a pensionable employee as described in paragraph (1) has taken up non-local government employment in which he participates in a superannuation scheme and he has, within 12 months after taking up that employment, made an application, such as is mentioned in sub-paragraph (c), for a transfer value to be paid, or\n(iv) who after ceasing to be a pensionable employee as described in paragraph (1) enters into a contract for a personal pension scheme or a self-employed pension arrangement or an appropriate policy and has, within 12 months of that contract, made an application, such as is mentioned in sub-paragraph (c), for a transfer value to be paid; and\n(c) he has–\n(i) if the request is for the transfer value to be paid to a superannuation scheme, before attaining pensionable age, or\n(ii) in any other case, at least one year before he would have attained pensionable age or not later than 6 months after the date on which he ceased to be a pensionable employee, whichever is the later, made an application in writing to his fund authority for a transfer value to be paid, and has not subsequently withdrawn it in accordance with paragraph (10)(a); and\n(d) in the case of a person who ceased to be employed in his local government employment before 31st March 1972, his local government employer has consented to the payment of the transfer value.\n(3) The local government employer may in any particular case extend the period of 12 months referred to in paragraphs (2)(b)(iii) and (iv).”\n(b) in paragraph (5), by substituting for the words“paragraph (3)(d)” the words“paragraph (2)(d)”;\n(c) in paragraph (6), by deleting sub-paragraphs (c) and (f);\n(d) by adding after paragraph (7) the following:\n“(8) Subject to paragraph (9), the fund authority shall, if an application under paragraph (2)(c) is received by them, pay a transfer value not later than–\n(a) 12 months after the date on which they receive the application, or\n(b) where the person in relation to whom the transfer value is paid–\n(i) ceased to be a pensionable employee as described in paragraph (1) on a date at least one year before he would have attained pensionable age, and\n(ii) made his application under paragraph (2)(c) not later than 6 months after that date, the date on which he attains pensionable age,\nwhichever is the earlier.\n(9) Where proceedings before a court have been commenced against a person at any time before the expiry of the period of 12 months beginning with the date on which he ceased to be a pensionable employee, and it appears to the fund authority that the proceedings may lead to all or any part of the benefits payable under these Regulations to or in respect of that person being forfeited under regulation M1, the date by which the fund authority shall pay a transfer value in relation to that person shall be–\n(a) the date by which they would be required to do so under paragraph (8), or\n(b) the end of the period of 3 months after the conclusion of the court proceedings (including any proceedings on appeal),\nwhichever is the later.\n(10) (a) A person who has made an application under paragraph (2)(c) may withdraw that application by giving notice in writing to his fund authority, but such a notice will be of no effect if, before receiving it, the fund authority have entered into an agreement with a third party to use the whole or part of that person’s transfer value in one or more of the ways specified in paragraph 13(2) of Schedule 1A to the Pensions Act.\n(b) A person who withdraws an application may make another.\n(11) Where a person is entitled to separate preserved benefits by virtue of regulation E2(9)(c) he may make an application under paragraph (2)(c) above in respect of all or any of those separate entitlements and, where his application does not relate to all of them, he may make a further application in respect of all or any of the remainder.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "“The Pensions Act” means the Social Security Pensions Act 1975 c. 60 (see Schedule 1 to the principal Regulations); Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3; paragraph 13 was amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraph 30and by the Personal and Occupational Pension Schemes (Modifications of Enactments) Regulations 1987, S.I. 1987/1116, Schedule 6, paragraphs 1 to 4."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2471/regulation/10",
    "retrieved_at": "2026-10-29T14:35:10.761463+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}