The Local Government Superannuation Regulations 1986

Adjustment of superannuation rights on death of certain re-employed pensioners

E18.—(1) This paragraph applies where—

(a) a person was entitled to a retirement pension other than one which was reduced under regulation E3(14), and

(b) after becoming so entitled he entered further local government employment, and

(c) he dies in the further employment, and

(d) if he had then ceased to be employed otherwise than by reason of his death he would have been entitled to give notice under regulation E16 (combined benefits).

(2) Where paragraph (1) applies—

(a) any benefits payable in respect of the person (except any widow's short-term pension or children's short-term pension) are to be calculated, and

(b) any surrender of part of a retirement pension has effect,

as if immediately before his death he had become entitled to benefits under regulation E16 or E17, whichever is the more favourable to the person entitled to receive the benefits payable.

(3) Where—

(a) a person was entitled to a superannuation allowance under Part I of the Act of 1937 or an annual pension under the former regulations or a pension under a local Act scheme, and

(b) after becoming so entitled he entered further local government employment, and

(c) the pension or allowance was on that account reduced or suspended, and

(d) he dies in the further employment,

any benefits payable in respect of him (except any widow's short-term pension or children's short-term pension) are to be calculated as if immediately before his death he had become entitled to benefits under regulation E17 (separate benefits).