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STATUTORY INSTRUMENTS
1991No. 1203
PENSIONS
The Local Government Superannuation (Reserve Forces) Regulations
1991
Made
17th May 1991
Laid before Parliament
28th May 1991
Coming into force
18th June 1991
The Secretary of State, in exercise of the powers conferred on him
by sections 7 and 12 of the Superannuation Act 1972[1]
and of all other powers enabling him in that behalf,
after consultation with such associations of local authorities as
appeared to him to be concerned, the local authorities with whom
consultation appeared to him to be desirable and such representatives of
other persons likely to be affected by the Regulations as appeared to
him to be appropriate, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Local Government
Superannuation (Reserve Forces) Regulations 1991 and shall come into
force on 18th June 1991, but shall have effect as from 17th December
1990.
Interpretation
2. In these Regulations, unless the context otherwise
requires—
"the principal Regulations" means the Local Government Superannuation Regula tions 1986[2]
, and any expression which is also used in the principal
Regulations has the same meaning as in those Regulations;
"the 1951 Act" means the Reserve and Auxiliary Forces (Protection of Civil
Interests) Act 1951[3]
;
"former employment" means the employment in which a person is a pensionable employee
immediately before he begins to perform relevant service, and"former employer"
shall be construed accordingly;
"pensionable employee" includes an admitted employee;
"relevant service" has the meaning given in the Schedule to these Regulations;
"service pay" means pay for performing relevant service, and includes marriage,
family and other similar allowances.
Persons to whom these Regulations apply
3.—(1) Subject to paragraph (3), these Regulations apply to a person who
ceases to be a pensionable employee, or is granted leave of absence from duty in an employment in which he is a pensionable employee, in order to perform
relevant service.
(2) Subject to paragraph (3), where—
(a) a person is not a pensionable employee when he ceases his
employment, or begins his leave of absence from duty in that employment,
in order to perform relevant service, but
(b) he is before so ceasing his employment, or beginning his leave of
absence from duty in that employment, entitled by virtue of that
employment to make an election to become a pensionable employee under
regulation B1A or B1C of the principal Regulations[4]
, and
(c) he has before so ceasing his employment, or beginning his leave of
absence from duty in that employment, made such an election,
these Regulations shall apply to him as if he were a pensionable
employee when he so ceased his employment, or began his leave of absence
from duty in that employment, but as if references to his relevant
service did not include references to any period before the day from
which his notice of election has effect.
(3) These Regulations shall not apply to a person in respect of a period
of relevant service if he gives notice in writing to the appropriate
administering authority that he does not wish these Regulations to apply
to him in respect of that period.
(4) A notice under paragraph (3) shall be given not later than 12
months after—
(a) the end of the period of relevant service to which the notice
relates;
(b) the date on which these Regulations come into force; or
(c) such other date as may be agreed by the appropriate administering
authority,
whichever is the latest.
Rights under the principal Regulations
4.—(1) Where these Regulations apply to a person, the period of his
relevant service shall, for the purposes of the principal Regulations,
be treated as reckonable service in relation to his former employment.
(2) Where these Regulations apply to a person who is entitled under any
provision of the principal Regulations (other than regulation C9A[5]
) to pay additional contributions, make payment by
instalments, or make any other payment to the appropriate superannuation
fund other than a lump sum payment, that person shall be treated, for
the purposes of the principal Regulations, as if he has, throughout the
whole of the period of his relevant service, paid any such additional
contributions, instalments or other payments.
(3) If, during the period of his relevant service, a person to whom
these Regulations apply—
(a) dies; or
(b) becomes incapable of discharging efficiently the duties of his
former employ ment by reason of permanent ill-health, injury or
infirmity of mind or body; or
(c) attains pensionable age,
he shall be deemed for the purposes of the principal Regulations to
have been serving in his former employment at the time of his death, or
at the time when he ceased to perform relevant service, or at the time
at which he attained pensionable age, as the case may be.
(4) Where, for the purpose of calculating the amount of any benefit
payable to any person under the principal Regulations, it is necessary
to take account of his remuneration in respect of any period of his
relevant service, the amount of his remuneration during that period
shall be deemed to be the amount by reference to which the calculation
would have been made if he had continued to be employed in his former
employment.
Payment of contributions
5.—(1) A person to whom these Regulations apply shall, subject to paragraph (2),
during any period of his relevant service when his
service pay, when aggregated with any payments under Part V of the 1951
Act, is not less than the remuneration he would have received if he had
during that period continued to be employed in his former employment,
pay to the appropriate superannuation fund all such contributions,
additional contributions, payments by way of instalments and other
payments as would have been payable under the principal Regulations if
he had continued to be employed in his former employment.
(2) Paragraph (1) above does not apply in respect of contributions under
regulation C9A of the principal Regulations.
(3) All payments made by a person under this regulation shall, subject
to paragraph (4), be treated for the purposes of the principal
Regulations as if they were made under the provision of those
Regulations under which they would have been made if he had continued to
be employed in his former employment.
(4) Regulation C11 of the principal Regulations (deduction and recovery
of employee's contributions) shall not apply to sums payable under this
regulation.
Return of contributions
6. Where any person to whom these Regulations apply elects to receive a
return of contributions under regulation C12 of the principal
Regulations, no period after the date on which the election is made
shall be included in the period of his relevant service for the purpose
of these Regulations.
Deduction and recovery of contributions
7.—(1) The former employer of a person by whom any sums are payable under
regulation 5 may deduct such sums from any payment made to him by that
employer under Part V of the 1951 Act, but only insofar as those sums
are payable in respect of the period in respect of which that payment is
made;
(2) If and so far as deductions are not made under paragraph (1), the
appropriate administering authority may recover any outstanding sum
remaining due—
(a) by deducting it from any payment by way of benefits to or in
respect of the person under the principal Regulations, or
(b) if the sum is not paid within 12 months of the person ceasing to
perform relevant service, as a simple contract debt in any court of
competent jurisdiction.
Additional voluntary contributions
8.—(1) In this regulation,"additional voluntary contributions"
means contributions payable under regulation C9A of the principal
Regulations.
(2) Where, before the commencement of his relevant service, a person to
whom these Regulations apply was paying additional voluntary
contributions to be used to provide benefits payable in the event of
death, and he has not elected to discontinue those
contributions—
(a) the appropriate administering authority shall continue to make the
appropriate payments in respect of him during the period of his relevant
service in accordance with the arrangements made under paragraph 3(1) of
Schedule 6A to the principal Regulations[6]
; and
(b) the sums so paid shall be deductible by the former employer, or be
otherwise recoverable by the appropriate administering authority, in
accordance with regulation 7 as if they were sums payable under
regulation 5.
(3) Where, before the commencement of his relevant service, a person to
whom these Regulations apply was paying additional voluntary contributions which were not to be used to provide benefits payable in the event of death, and he has not elected to discontinue those contributions, he may continue to make such contributions during the period of his relevant service if he
wishes to do so.
Notifications under regulation B1B of the principal Regulations
9.—(1) Where a pensionable employee to whom these Regulations apply has,
before ceasing to be a pensionable employee or beginning his leave of
absence in order to perform relevant service, given a notification under
regulation B1B of the principal Regulations[7]
(opting out of pensionable employment) which has not
taken effect before the commencement of his relevant service, that
notification shall be treated as if it had not been given, unless the
employee elects that this paragraph shall not apply.
(2) An election under this regulation shall be made in writing to the
appropriate administering authority not later than 12 months after the
end of the person's relevant service.
(3) The appropriate administering authority may agree to extend the time
for making an election under this regulation.
(4) The appropriate administering authority shall take all practicable
steps to ensure that a person who is entitled to make an election under
this regulation is notified of that entitlement.
Amendment of the principal Regulations
10.—(1) Regulation C3 of the principal Regulations (leave of absence from
duty) is amended by inserting after paragraph (4) the following:
" (5) This regulation does not apply where the leave of absence is
given to enable the employee to perform relevant service within the
meaning of the Local Government Superannuation (Reserve Forces)
Regulations 1991."
.
(2) Regulation D1(2) of the principal Regulations (reckonable service)
is amended by inserting after sub-paragraph (c) the following:
",
(d) any period which he is entitled to reckon by virtue of regulation 4
of the Local Government Superannuation (Reserve Forces) Regulations
1991."
.
Right of appeal
11. The provisions of Part N of the principal Regulations (determination
of questions and appeals) shall apply in relation to rights and
liabilities arising under these Regulations as they apply in relation to
rights and liabilities under the principal Regulations.
