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Regulation 4 Persons to whom the regulations apply

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

These regulations shall apply to any person who—

(a)

either—

(i)

has ceased to be employed by a local authority at or after attaining minimum pensionable age, or

(ii)

having ceased to be employed by a local authority at or after attaining the age of 50 years but before attaining minimum pensionable age, attains minimum pensionable age or is to the satisfaction of the relevant local authority disabled by physical or mental infirmity, or

(iii)

has ceased to be employed by a local authority on account of physical or mental infirmity; and

(b)

immediately before so ceasing to be employed—

(i)

was subject to a superannuation scheme, and

(ii)

had completed 10 years' reckonable service; and

(c)

has received or has become entitled to receive payment of any retirement benefit under the superannuation scheme mentioned in paragraph (1)(b)(i) of this regulation; and

(d)

either—

(i)

has attained the age of 60 years or such reduced age as may be provided for by an order made under section 3(8) of the Act of 1971, or

(ii)

has ceased to be employed by the local authority on account of physical or mental infirmity or is to the satisfaction of the relevant local authority disabled by physical or mental infirmity, or

(iii)

is a woman who has at least one dependant.

(2)

Notwithstanding the provisions of paragraph (1)(a)(ii) of this regulation, these regulations shall not apply to any person who, having ceased to be employed as therein mentioned,—

(a)

within 12 months of so ceasing to be employed entered any of the employments described in paragraph 2 of Schedule 1 to these regulations, or

(b)

before attaining minimum pensionable age again became employed in any employment in which he was subject to the superannuation scheme mentioned in paragraph (1)(b)(i) of this regulation.

(3)

For the purposes of paragraph (1) of this regulation, a person who was entitled to receive, and received, payment of any retirement benefit under a superannuation scheme within 12 months of minimum pensionable age shall be deemed to have attained that age.