The Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023

Persons with underpin dates before 1st October 2023

13.—(1) This regulation applies to a person—

(a) in relation to whom one of the dates in regulation 4G of the 2014 Regulations occurred before 1st October 2023 (statutory underpin: underpin date); and

(b) in relation to whom one of the dates set out in regulation 4H(1) of those Regulations (statutory underpin: final underpin date) has not occurred before 1st October 2023; and

(c) who was not deceased before 1st October 2023.

(2) The 2014 Regulations (as applied by regulation 4(4)) apply in relation to the person with the following modifications.

(3) Regulation 4H (final underpin date) applies as if in paragraph (1), for the words before sub-paragraph (a), there were substituted—

“(1) An eligible member’s final underpin date, in relation to a pension account, is the first of the following dates which occur in relation to the eligible member in respect of the pension account to which the eligible member’s underpin date applies—”.

(4) Regulation 4I (calculation of provisional assumed benefits) applies as if at the end there were inserted—

“(11) The calculation in this regulation must be performed without undue delay following 1st October 2023 in respect of an eligible member to whom regulation 13 of the Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023 applies.”.

(5) Regulation 4J (calculation of provisional underpin amount) applies as if at the end there were inserted—

“(11) The calculation in this regulation must be performed without undue delay following 1st October 2023 in respect of an eligible member to whom regulation 13 of the Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023 applies.”.