Regulation E3(12)
1. For the purposes of this Schedule—
(a)a person’s relevant service is so much of his contributing service and non-contributing service as did not consist of years added to his service—
(i)under regulation 12 of the Benefits Regulations or under that regulation as applied by or under any enactment, or
(ii)under a provision of a local Act scheme which has the same effect, and
(b)a person’s relevant reckonable service is the total of—
(i)any relevant service which became reckonable service by virtue of regulation D1 of the 1974 Regulations, and
(ii)any subsequent reckonable service except additional periods purchased by lump sum or additional contributions.
2.—(1) Subject to sub-paragraph (2) and paragraphs 3 ad 4, the additional period which a person is to be treated as being entitled to reckon as reckonable service under regulation E3(12) is the period specified in column (2) of the Table below appropriate to the length of the person’s relevant reckonable service specified in column (1) of that Table.
| (1) | (2) |
|---|---|
| Length of relevant reckonable service | Additional period |
| Not exceeding 10 years | A period equal to the length of the relevant reckonable service |
| Exceeding 10 years but not exceeding 13 121/365 days | The period by which the length of the relevant reckonable service falls short of 20 years |
| Exceeding 13 121/365 years | 6 243/365 years |
(2) The additional period is not to exceed the period by which the person’s reckonable service would have been increased if he had continued in the employment which he has ceased to hold—
(a)until he attained the age of 65 years, or
(b)until his reckonable service amounted to 40 years,
whichever would have occurred first.
3.—(1) Subject to paragraph 4, this paragraph applies where, before entering the employment which he has ceased to hold, the person had, on ceasing to hold a previous employment, become entitled to benefits under regulation E2(1)(b)(i) or under regulation 5(1)(a) of the Benefits Regulations.
(2) Where this paragraph applies, the person’s relevant reckonable service is to be treated for the purposes of paragraph 2 as having included A − B, where—
A is the length of his relevant reckonable service or, as the case may be, his relevant service, in relation to the previous employment, and
B is the length of the additional period which became reckonable in relation to the previous employment by virtue of regulation E3(12) or, as the case may be, the period by which his relevant service in relation to that employment is by virtue of sub-paragraph (3) to be deemed to have been increased.
(3) For the purposes of sub-paragraph (2)—
(a)where the person’s retirement pension in respect of the previous employment was calculated under regulation 5(3)(a) of the Benefits Regulations, his relevant service shall be deemed to have been increased by the period by which its length fell short of 20 years, and
(b)where that pension was calculated under regulation 5(3)(b) of the Benefits Regulations, his relevant service shall be deemed to have been increased by the period by which it would have been increased if he had continued in the previous employment until he reached the age of 65 years.
4.—(1) This paragraph applies where—
(a)the person either—
(i)was a contributory employee immediately before 16th May 1974 and became a pensionable employee on that day, or
(ii)became a pensionable employee within 12 months after having ceased to be a contributory employee, and
(b)the length of his relevant reckonable service is not less than 10 years, and
(c)notice that this paragraph is to apply is given in accordance with sub-paragraph (3) or (4).
(2) Where this paragraph applies, paragraphs 2 and 3 do not apply and the additional period is the shorter of—
(a)the period by which the person’s reckonable service would have been increased if he had continued in the employment which he has ceased to hold until he attained the age of 65 years, and
(b)the period by which his reckonable service falls short of 20 years.
(3) Subject to sub-paragraph (4), notice that this paragraph is to apply must be given by the person to the appropriate administering authority, in writing, within one month after ceasing to hold his employment or such longer period as the authority may allow.
(4) If the person dies within the period allowed for giving notice without having given it, notice may be given—
(a)if the person was a man and has left a widow, by her, or
(b)if the person was a man and has not left a widow, or his widow has died without giving notice, by his executors, or
(c)if the person was a woman, by her executors,
within 6 months after the date of the person’s death, or such longer period as the authority may allow.