The Local Government Pension Scheme (Miscellaneous) Regulations 2001

Regulation 27

SCHEDULE SCHEDULE TO THE LOCAL GOVERNMENT PENSION SCHEME REGULATIONS 1997

Regulation 137A

“SCHEDULE 7 FORMER MEMBERS OF THE METROPOLITAN CIVIL STAFFS SUPERANNUATION SCHEME

General

1.   This paragraph applies to any member—

(a) who was a member of the Metropolitan Civil Staffs Superannuation Scheme immediately before 1st April 2000;

(b) whose name is listed in the Schedule to the Metropolitan Police District (School Crossing Patrols) Transfer Scheme 2000 or in Schedule 2 to the Metropolitan Police District (Boundary Changes) (Essex) Transfer Scheme 2000, the Metropolitan Police District (Boundary Changes) (Hertfordshire) Transfer Scheme 2000 or the Metropolitan Police District (Boundary Changes) (Surrey) Transfer Scheme 2000(1); and

(c) who is a member of the Scheme by reason of the transfer of his contract of employment on 1st April 2000 to a London borough council or a county council under those Transfer Schemes.

2.— (1) These Regulations apply to a person to whom paragraph 1 applies (“a former MCSSS member”) with these modifications to regulation 31.

(2) Omit paragraph (2).

(3) After paragraph (3), insert—

“(3A) The pension and retirement grant are paid without actuarial reduction to a member who is aged 60 or more at the date of retirement.”.

(4) In paragraph (4), for the words from the beginning of the paragraph to “is less than 85 years” substitute—

• “Unless, at the date of retirement, the member is aged 55 or more but less than 60 and has total membership of at least 25 years”.

3.   Any period of service as a member of the Metropolitan Civil Staffs Superannuation Scheme, and any other period of service which, under the Metropolitan Civil Staffs Superannuation Scheme, is treated as a period counting towards the membership period required to qualify for any benefit under that Scheme, which a former MCSSS member has, shall count towards the membership period required before the person is entitled to any benefit under these Regulations and such service shall be counted as its actual length.

School Crossing Patrols

4.— (1) In the case of a former MCSSS member who was appointed prior to 1st April 2000 by the Commissioner of Police of the Metropolis under section 26 of the Road Traffic Regulation Act 1984(2) to patrol school crossings and was performing that service when he transferred to the Scheme, these Regulations shall apply with these additional modifications.

(2) He may remain an active member of the Scheme until his 75th birthday or, if earlier, the date on which his period of total membership is 45 years (in the case of a Class B or Class C member) or 40 years (in the case of a Class A member).

(3) In regulation 28(3) (enhanced membership period in cases of ill health), regulation 52(2)(c) (power of employing authority to increase total membership) and paragraph 8(2)(b) of Schedule 4 (maximum addition under regulations 53 and 55), for “65” substitute “75”.

(4) Omit regulations 9(1A), 20(4A), 25A and 38(5A)(3).”

(1)

Schemes made by the Commissioner of Police of the Metropolis and the Receiver for the Metropolitan Police District as required by directions dated 25th January 2000 given by the Secretary of State for the Home Department under section 409(2) of the Greater London Authority Act 1999 (c. 29).

(2)

1984 c. 27; section 26 is amended with effect from 1st April 2000 by the Greater London Authority Act 1999 (c. 29), section 288.

(3)

Regulations 9(1A), 20(4A), 25A and 38(5A) were added by S.I. 1999/1212.