3.—(1) Where—
(a)the person ceased to be employed in his local government employment on or after 1st March 1993; and
(b)he would not, apart from regulations K2 to K12, have been entitled to a pension (other than a pension under regulation D16 (guaranteed minimum pensions for members in contracted-out employment etc.) or regulation D18 (equivalent pension benefits)) in respect of the service to which the transfer value relates,
then, subject to paragraph 4, he and those claiming through him shall have the same rights as they would have had by virtue of these regulations, the 1992 regulations and the 1981 regulations (so far as applicable) on the assumptions mentioned in sub-paragraph (2).
(2) The assumptions referred to in sub-paragraph (1) are—
(a)that on the termination of his local government employment he had been entitled to count—
(i)an aggregate of two years' reckonable service and qualifying service (as defined by the 1992 regulations), or
(ii)where the termination occurred on or after the commencement date a total period of membership of two years, and
(b)that the payment of the transfer value had not been requested or made.
Commencement Information
I1Sch. K1 para. 3 in operation at 1.8.2000, see reg. A1(1)