The Local Government Superannuation (Amendment) Regulations 1992

Additional contributions to increase reckonable service for the purposes of calculating a widower’s pension

29.  The principal Regulations are amended by inserting after regulation C8 the following regulation:

“Additional contributions to increase reckonable service for the purposes of calculating a widower’s pension C8A. —(1) This regulation applies to a married woman who—

(a) is a pensionable employee, and

(b) was not a pensionable employee on 27th July 1989 or has not been a pensionable employee continuously since that date, and

(c) is entitled to reckon a period of reckonable service before 6th April 1988, and

(d) has not attained the age of 64 years.

(2) Subject to paragraphs (3) to (6), a woman to whom this regulation applies may, by notice in writing given to the appropriate administering authority, elect to pay additional contributions to the appropriate superannuation fund in order to reckon all or part of her reckonable service before 6th April 1988 as reckonable service for the purposes of calculating a widower’s long-term pension.

(3) A notice under paragraph (2) must specify whether the service to which it relates is the whole, and if not what part it is, of the woman’s reckonable service which is or is treated for the purposes of regulation E3(8B) as being reckonable service—

(a) before 1st April 1972;

(b) after 31st March 1972 but before 6th April 1988.

(4) A notice under paragraph (2) may not be given in respect of a period of less than one year unless—

(a) the whole of the woman’s reckonable service before 6th April 1988, or

(b) where she has previously given a notice in respect of part of that service, the remainder of it,

• amounts to less than one year.

(5) Notice under paragraph (2) may be given on more than one occasion but, unless the appropriate administering authority otherwise agrees, it must be given not later than whichever is the latest of—

(a) 12 months after 28th February 1992, or

(b) if she marries or remarries after 28th February 1992, 12 months after the date of any such marriage, or

(c) if her husband becomes permanently incapacitated by reason of ill-health or infirmity of mind or body and wholly or mainly dependent on her, 12 months after a medical certificate to that effect is submitted to the appropriate administering authority.

(6) Subject to paragraphs (7) and (8) and to Part IV of Schedule 5, additional contributions under this regulation shall be paid in accordance with Part III of that Schedule as if they were payable pursuant to a notice of election given under regulation C8, and Schedule 5 shall apply as if references in that Schedule to regulations C8, C8(11) and E6(7) included references to this regulation and paragraphs (7) and (2) of this regulation respectively.

(7) Payment in accordance with paragraph (6) may be discontinued if the woman satisfies the appropriate administering authority that its continuance would cause financial hardship.

(8) Contributions paid in accordance with paragraph (6) shall not in any year exceed such amount as, when added to all other payments made by the woman in that year under Part C, is equal to the limit specified in paragraph 21 of Schedule 6 to the Finance Act 1989.

(9) For the purposes of paragraph (1)(b), the reference to a woman having continuously been a pensionable employee includes a reference to a woman who, having ceased to be a pensionable employee—

(a) became or becomes a pensionable employee again within one month of so ceasing, or

(b) became or becomes a pensionable employee again within one month of returning to work in accordance with section 45(1) or (3) of the Employment Protection (Consolidation) Act 1978(1) (which confers the right to return to work following pregnancy or confinement).”.

(1)

1978 c. 44.