The Local Government Superannuation (Amendment) Regulations 1992

PART IX MISCELLANEOUS AND GENERAL

Retrospective effect

42.—(1) Where—

(a) a person was not entitled to make an election under regulation B1A of the principal Regulations before 28th February 1992, and

(b) if regulation 19 had come into force on 1st October 1989, he would have been so entitled, and

(c) he gives notice of such an election within 3 months after 28th February 1992,

• the election may be expressed to have effect as if regulation 19 had come into force on 1st October 1989 and the notice had been given on the first day on which he would in that case have been entitled to give notice of the election or, where that day is 1st October 1989, to have effect from that date.

(2) The deletion by regulation 7 of regulation E10 of the principal Regulations shall not affect any benefits which have been paid or have become payable under that regulation before 28th February 1992, but where any such benefits have been paid on or after 6th April 1988 in respect of an eligible child following the death of that child’s parent the amount of those benefits shall be set off against any increase in the benefits payable to or in respect of that child and in respect of that parent’s death resulting from the amendments to regulations E8 and E9 of the principal Regulations made by regulations 4 and 5 and the insertion of regulation E9A of the principal Regulations by regulation 6.

Right to opt out

43.—(1) This regulation shall apply in the case of any person (“a relevant beneficiary”) to whom any benefit (including a return of contributions and any pension payable to a widow or widower or any dependant by virtue of a surrender) is or may become payable being a benefit (“a relevant benefit”) payable to, or in respect of, a person who before 28th February 1992—

(a) ceased to hold an employment in respect of which he was a pensionable employee (whether or not he has subsequently recommenced any such employment); or

(b) died while still in such an employment.

(2) If, in relation to a relevant benefit, a relevant beneficiary—

(a) would be placed by any amendment made by these Regulations in a worse position than he would have been in if that amendment had not been made, and

(b) so elects, by notice in writing given to the appropriate administering authority within the three month period beginning with 28th February 1992,

• then, in the case of that beneficiary and in relation to that benefit, the principal Regulations shall have effect, subject to paragraph (3), as if these Regulations had not been made.

(3) If such an election as is mentioned in paragraph (2) above is made in relation to a benefit which is or may become payable in respect of a person who is employed in a local government employment, or if that person subsequently recommences service in such an employment, then—

(a) the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued—

(i) by virtue of periods of service rendered before the cessation referred to in paragraph (1) above (or, if there has been more than one such cessation, the last of them before 28th February 1992); or

(ii) by virtue of contributions paid in respect of any such periods of service; and

(b) in determining entitlement to, or the amount of, the benefit to that extent, he shall (without prejudice to the application of this paragraph) be treated as if he had never recommenced service in such employment at any time after the cessation referred to in sub-paragraph (a) above;

• and the principal Regulations shall apply accordingly.

Right of appeal

44.  The provisions of Part N of the principal Regulations (determination of questions and appeals) shall apply in relation to rights and liabilities under regulations 42 and 43 as they apply in relation to rights and liabilities under the principal Regulations.