The Local Government Pension Scheme (Transitional Provisions) Regulations 1997

Women with membership before 6th April 1988

9.—(1) Any election or notice made or given (or having effect as if made or given) by a female member under any of the provisions specified in paragraph (2) shall, in so far as it relates to membership after 31 March 1972, cease to have effect.

(2) Those provisions are—

(a) regulations C13 and C14 of the 1995 regulations;

(b) paragraphs 1 and 2 of Schedule F1 to those regulations;

(c) regulation E6(7) of the 1986 regulations.

(3) Where an election made or a notice given by a member to whom regulation 3(1) applies ceases to have effect under paragraph (1), her employing authority must resolve that for regulation 9(1)(d) of the 1997 regulations she may count the period in respect of which the election was made or the notice given as membership after 5th April 1988.

(4) Despite anything in these Regulations, an active member who was eligible immediately before the commencement date to make an election under regulation C13 or C14 of the 1995 regulations as respects membership after 31st March 1972 may, with the agreement of her employing authority, make such an election on or after the commencement date.

(5) An election made by virtue of paragraph (4) has effect for the purposes of this regulation as if it had been made immediately before the commencement date.

(6) A resolution under paragraph (3) must be passed—

(a) in a case where it is made on the cessation of an election made by virtue of paragraph (4), before the expiry of the period of six months beginning with the day the employing authority agree to the making of the election), and

(b) otherwise, before 1st November 1998.