The Local Government Superannuation Regulations 1986

Modified application of regulation F3 in certain cases

F4.—(1) Regulation F3 applies in accordance with paragraphs (3) to (6) of this regulation in the cases specified in those paragraphs.

(2) In this regulation, unless the context otherwise requires, “service” means service or employment with any employer.

(3) In the case of a person to whom rule 11 of the Superannuation (Local Government and Overseas Employment) Interchange Rules 1969(1) applied otherwise than by virtue of rule 3(3)(c) of those Rules, or to whom rule 5 of the Superannuation (Local Government and Overseas Employment) Interchange Rules 1958(2), rule 3 of the Superannuation (Local Government, Commonwealth and Foreign Service) Interchange Rules 1952(3), or rule 3 of the Superannuation (Local Government and Colonial Service) Interchange Rules 1949(4) applied—

(a) service reckonable by virtue of the provisions of any of those Rules shall for the purposes of regulation F3(2)(c) be deemed to have been reckonable by him otherwise than by virtue of interchange rules, and

(b) the period between his leaving and re-entering local government employment shall be deemed not to be such a period as is mentioned in regulation F3(4).

(4) In the case of a person to whom regulation 4 of the Electricity (Pension Rights) Regulations 1948(5) applied, or to whom regulation 4 of the Gas (Pension Rights) Regulations 1950(6) applied as mentioned in paragraph (4) of that regulation, and in relation to whom the condition in paragraph (5) is satisfied—

(a) any period of service beginning before 1st July 1950—

(i) in respect of which a transfer value has been accepted under interchange rules, or has been accepted or fallen to be treated as if it had been accepted under Part J, or

(ii) which he became entitled to reckon as reckonable service, or as non-contributing or contributing service or a period of contribution for the purposes of the former regulations or of a local Act scheme,

shall be deemed to be such a period as is mentioned in regulation F3(2)(c), and

(b) the period between his leaving and re-entering local government employment shall be deemed not to be such a period as is mentioned in regulation F3(4).

(5) The condition mentioned in paragraph (4) is that the person re-entered local government employment—

(a) not more than 12 months after ceasing to hold the employment by virtue of which the relevant regulation applied to him, or

(b) if within 12 months after ceasing to hold that employment he entered an employment in which he was subject to another public service scheme, after ceasing to hold the latter employment.

(6) In the case of a person—

(a) who after the date specified in regulation F3(12) left local government employment and became entitled to participate in the benefits of another occupational pension scheme, and

(b) who re-entered local government employment not more than 12 months after ceasing to be entitled as mentioned in sub-paragraph (a) and became entitled in that employment to reckon—

(i) as reckonable service or qualifying service, or

(ii) as non-contributing or contributing service, or a period of contribution, for the purposes of the former regulations or of a local Act scheme, or

(iii) as service material for the purposes of regulation H6(5),

a period at least equal in length to the whole of his service from the date specified in regulation F3 (12),

the period between his leaving and re-entering local government employment shall be deemed not to be such a period as is mentioned in regulation F3(4).

(1)

S.l. 1969/975.

(2)

S.l. 1958/1416.

(3)

S.I. 1952/133.

(4)

S.l. 1949/1463.

(5)

S.I. 1948/2172.

(6)

S.I. 1950/1206.