The Local Government Pension Scheme (Transitional Provisions) Regulations 1997

Rights under Schedule C6 to the 1995 regulations: counting of membership

12.—(1) Where any member to whom regulation 3(1) applies has any rights to make any payments which remain payable immediately before the commencement date by virtue of paragraph 1(3) of Schedule C6 to the 1995 regulations—

(a) those rights shall cease (but see regulation 15);

(b) the member’s appropriate administering authority must calculate the period as respects which payment has been made and notify the member of that period as soon as practicable after the commencement date; and

(c) the period the member may count for regulation 9(1)(d) of the 1997 regulations includes the period so calculated.

(2) The period mentioned in paragraph (1)(c) is such period as his appropriate administering authority determine to be appropriate.

(3) A period is only appropriate if the rights in respect of that period under the 1997 regulations will be at least equal in value to the member’s rights in respect of the payments he has made under the old provisions.

(4) Where the appropriate administering authority think fit, they must obtain the advice of an actuary appointed by them before making a determination under paragraph (2) and a statement as to the actuarial basis of that advice.