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The Local Government (Discretionary Payments) Regulations 1996

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Allowances for pensioners

36.—(1) Where a person ceases to be employed in a relevant employment, if—

(a)immediately before so ceasing he was entitled to an allowance under regulation 35;

(b)on so ceasing regulation 34 does not apply, but he becomes entitled under Part D of the LGPS Regulations to receive payments in respect of an annual retirement pension and paragraph 4(1) of Schedule D1 to those Regulations (different relevant period for calculating pensionable remuneration where a material reduction has been certified) does not apply; and

(c)the annual rate of the retirement pension in any year falls short of what it would have been if the amount of the allowance paid under regulation 35 during the period which is the relevant period for the purposes of regulation D1 of the LGPS Regulations had been part of his remuneration in the relevant employment,

the relevant employer may pay him an allowance (but not of an amount in any year exceeding that shortfall).

(2) An allowance under this regulation continues for such period as the relevant employer may determine.

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