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11. After regulation 87 (changes of fund and variable time employees), add—
88.—(1) This regulation applies to a person who on 31st March 2010, is in the employment of the Learning and Skills Council for England (“LSC”), and—
(a)is an active member of the principal civil service pension scheme (“PCSPS”)(1);
(b)ceases to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of his or her employment on 1st April 2010, from the LSC to a local authority or to London Councils Limited(2);
(c)on 1st April 2010 becomes an active member of the Scheme ; and
(d)opts to transfer his or her accrued rights from the PCSPS to the Scheme under special transfer arrangements.
(2) The actuaries representing the PCSPS and the actuaries representing the appropriate administering authorities shall agree—
(a)the transfer value payment in respect of a person to whom this regulation applies; and
(b)the special transfer arrangements mentioned in paragraph ((1)(d).
(3) In this regulation—
(a)subject to paragraph (b), “local authority” has the same meaning as in section 579(1) of the Education Act 1996(3); but
(b)until an order under section 162 of the Education and Inspections Act 2006(4) (power to replace statutory references to local education authorities with references to local authorities) comes into force, “local authority”, means “local education authority” and “local education authority” shall be construed in accordance with section 12 of the Education Act.
89. Except for the purposes of regulation 84(4), the normal retirement age of a person to whom regulation 16A of the Benefits Regulations (normal retirement age: staff of the Learning and Skills Council for England), applies is 60; and—
(a)regulations 19(7), 23(4) and 68(3) shall be construed accordingly; and
(b)in regulation 50(2) the reference to 65th birthday shall be construed as a reference to 60th birthday.”.
For the definition of the principal civil service pension scheme, see section 2(1) of the Superannuation Act 1972.
As to which see Schedule 7 to the Apprenticeships, Skills, Children and Learning Act 2009 c.22; London Councils Limited is a company limited by guarantee (company number 03037449) and is a body representative of local authorities in London and a community admission body under regulation 5 of the Local Government Pension Scheme (Administration) Regulations 2008 (S.I. 2008/239).
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