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The Local Government Pension Scheme (Transitional Provisions) Regulations 1997

S.I. 1997/1613 · Made 30 June 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PENSIONS

Made 30th June 1997

Laid before Parliament 3rd July 1997

Coming into force 1st April 1998

The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 1972f1 and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

1972 c. 11; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).

Contents

  1. Preliminary provisions
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Application of 1997 regulations and old provisions
  5. 3Cessation of old provisions for active members
  6. 4Deferred members and pensioners: general
  7. 5Re-employment of members (Schedule D5 to the 1995 regulations etc.)
  8. Counting old membership of existing members under 1997 regulations
  9. 6Entitlement of active members to count old membership
  10. 7Entitlement of re-employed members to count old membership
  11. 8Membership before 1st April 1972
  12. 9Women with membership before 6th April 1988
  13. 10Certain members with membership before April 1974
  14. 11Rights under old provisions affecting membership periods (extra payments, absences etc.)
  15. 12Rights under Schedule C6 to the 1995 regulations: counting of membership
  16. Augmentation
  17. 13Duty of employing authority to increase total membership of members with membership before the commencement date
  18. Special provisions about rights relating to old membership
  19. 14Continuity of elections within regulation 11(1)
  20. 15Continuity of rights within regulation 12(1)
  21. 16Temporary right to pay off liabilities under regulation 15 by capital payment
  22. 17Re-employment after return of contributions: service before 1980
  23. 18Equivalent pension benefits
  24. Pension funds and authorities
  25. 19Pension funds and appropriate fund authorities
  26. 20Continuation of employers' liability for certain payments
  27. 21Early retirement of chief officers
  28. Special cases
  29. 22Civil servants transferred to the Environment Agency
  30. 23Former NHS scheme members
  31. 24Overseas employment
  32. 25Community scheme transferees
  33. Supplementary provisions
  34. 26Cost of resolutions
  35. 27Minor and consequential amendments
  36. 28Transitional and transitory provisions and savings
  37. 29Revocations
  38. Signature
  39. Schedule 1ADDITIONAL REGULATIONS WHICH ARE “OLD PROVISIONS”
  40. Schedule 2: RE-EMPLOYMENT OF MEMBERS (SCHEDULE D5 TO THE 1995 REGULATIONS ETC.)
  41. Interpretation
  42. 1Paragraph 1
  43. Active and rejoining pensioners: general
  44. 2Paragraph 2
  45. Re-employment and abatement
  46. 3Paragraph 3
  47. Combined benefits
  48. 4Paragraph 4
  49. Separate benefits and dependants' benefits
  50. 5Paragraph 5
  51. Members with preserved rights
  52. 6Paragraph 6
  53. Elections for aggregation: members rejoining immediately before commencement
  54. 7Paragraph 7
  55. Limitations on benefits
  56. 8Paragraph 8
  57. Continuity of elections by certain rejoining deferred members
  58. 9Paragraph 9
  59. Schedule 3: MINOR AND CONSEQUENTIAL AMENDMENTS
  60. The Local Government Superannuation (Overseas Employment) Regulations 1985
  61. 1Paragraph 1
  62. The Local Government Superannuation (Miscellaneous Provisions) Regulations 1986
  63. 2Paragraph 2
  64. The Local Government Superannuation (Miscellaneous Provisions) Regulations 1987
  65. 3Paragraph 3
  66. The Local Government Superannuation (South Yorkshire Transport Limited) Regulations 1993
  67. 4Paragraph 4
  68. The Local Government Superannuation (Greater Manchester Buses Limited) Regulations 1994
  69. 5Paragraph 5
  70. The Local Government Superannuation (Greater Manchester Buses North Limited) Regulations 1994
  71. 6Paragraph 6
  72. The Local Government (Compensation for Redundancy) Regulations 1994
  73. 7Paragraph 7
  74. 8Paragraph 8
  75. The Local Government Superannuation (Amendment) Regulations 1994
  76. 9Paragraph 9
  77. The Local Government Pension Scheme Regulations 1995
  78. 10Paragraph 10
  79. 11Paragraph 11
  80. 12Paragraph 12
  81. 13Paragraph 13
  82. 14Paragraph 14
  83. 15Paragraph 15
  84. 16Paragraph 16
  85. 17Paragraph 17
  86. 18Paragraph 18
  87. 19Paragraph 19
  88. 20Paragraph 20
  89. 21Paragraph 21
  90. 22Paragraph 22
  91. 23Paragraph 23
  92. 24Paragraph 24
  93. 25Paragraph 25
  94. 26Paragraph 26
  95. 27Paragraph 27
  96. 28Paragraph 28
  97. The Local Government Pension Scheme (Local Government Reorganisation in Wales) Regulations 1995
  98. 29Paragraph 29
  99. 30Paragraph 30
  100. 31Paragraph 31
  101. 32Paragraph 32
  102. 33Paragraph 33
  103. The Local Government Pension Scheme (Environment Agency) Regulations 1996
  104. 34Paragraph 34
  105. 35Paragraph 35
  106. 36Paragraph 36
  107. 37Paragraph 37
  108. The Local Government (Discretionary Payments) Regulations 1996
  109. 38Paragraph 38
  110. 39Paragraph 39
  111. 40Paragraph 40
  112. 41Paragraph 41
  113. 42Paragraph 42
  114. 43Paragraph 43
  115. 44Paragraph 44
  116. 45Paragraph 45
  117. 46Paragraph 46
  118. 47Paragraph 47
  119. 48Paragraph 48
  120. 49Paragraph 49
  121. 50Paragraph 50
  122. 51Paragraph 51
  123. 52Paragraph 52
  124. 53Paragraph 53
  125. 54Paragraph 54
  126. 55Paragraph 55
  127. 56Paragraph 56
  128. 57Paragraph 57
  129. 58Paragraph 58
  130. 59Paragraph 59
  131. 60Paragraph 60
  132. The Occupational Pension Schemes (Transfer Values) Regulations 1996
  133. 61Paragraph 61
  134. The Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997
  135. 62Paragraph 62
  136. Schedule 4: TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS
  137. 1Paragraph 1
  138. 2Paragraph 2
  139. 3Paragraph 3
  140. 4Paragraph 4
  141. 5Paragraph 5
  142. 6Paragraph 6
  143. 7Paragraph 7
  144. 8Paragraph 8
  145. 9Paragraph 9
  146. Explanatory note