The Local Government Superannuation (Valuation and Community Charge Tribunals) Regulations 1989

• Citation: S.I. 1989/1624
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Local Government Superannuation (Valuation and Community Charge Tribunals) Regulations 1989 and shall come into force on 6th October 1989, but regulations 2 and 3 shall have effect as from 1st May 1989.

(2) In these Regulations“the principal Regulations ” means the Local Government Superannuation Regulations 1986 , and unless the context otherwise requires any expression which is also used in the principal Regulations has the same meaning as in those Regulations.

Section 2 Continuity of employment

Regulation H1 of the principal Regulations is amended by inserting after paragraph (a)(vi) the words–

or

(vii) by regulation 5 of and Schedule 1 to the Valuation and Community Charge Tribunals (Transfer of Jurisdiction) Regulations 1989 ;

Section 3 Pensionable employees

Part I of Schedule 2 to the principal Regulations is amended by substituting for the words“A local valuation panel constituted under the General Rate Act 1967” the words“a valuation and community charge tribunal established under Schedule 11 to the Local Government Finance Act 1988 .”.

Section 4 Retrospective effect

Where–

(a) if these Regulations had come into force on 1st May 1989, a person would at any time before 6th October 1989 have been entitled to make an election under regulation B1A or B1C, or to give a notification under regulation B1B, of the principal Regulations, and

(b) he gives notice of such an election or gives such a notification within 3 months after 6th October 1989,the election or notification may be expressed to have effect as if these Regulations had come into force on 1st May 1989 and the notice or notification had been given on the first day on which he would in that case have been entitled to give such notice or notification or, where that day is 1st May 1989, to have effect from that date.

Section 5 Right to opt out

No provision of these Regulations shall apply to any person to whom at any time before 6th October 1989 any benefit (including a return of contributions and any pension payable to a widow or any dependant by virtue of a surrender) was being paid or became or might have become payable if–

(a) he is placed by that provision in a worse position than he would have been in if it had not applied in relation to that benefit, and

(b) that provision relates to a benefit paid or payable in respect of a person who–

(i) ceased before 6th October 1989 to hold an employment in respect of which he was a pensionable employee, or

(ii) died before that date while still in such an employment, and

(c) the first-mentioned person, by notice in writing given to the appropriate administering authority within 3 months after 6th October 1989, elects that that provision shall not apply to him.