Schedule M2 to the principal Regulations is amended by adding the following—
Former employees of HM Inspectorate of Pollution and Department of the Environment
(9)
(1) This paragraph applies to a person who
(a) is in employment with the Environment Agency and is a member of the Scheme;
(b) immediately before that employment was employed in the civil service of the State and was a member of or eligible to be a member of the Principal Civil Service Pension Scheme; and
(c) transferred to the employment of the Environment Agency either—
(i) on 1st April 1996 as a consequence of the transfer under the Environment Act 1995 of functions which on that date became functions of the Environment Agency; or
(ii) as a consequence of a transfer to the Environment Agency of the undertaking in which he was employed to which transfer the Transfer of Undertakings (Protection of Employment) Regulations 1981 apply.
(2) In their application to a person to whom this paragraph applies, these Regulations have effect subject to the modifications in sub-paragraphs (3) and (4).
(3) In regulation D9(1) delete the words “(reduced in accordance with regulation D13)” in sub-paragraph (a) and the words “(so reduced)” in sub-paragraph (b).
(4) Delete regulation D13.
(5) In relation to a person to whom this paragraph applies and who—
(a) if a man, had service which under the PCSPS Rules was reckonable service prior to 1st June 1972; or
(b) if a woman, had service which under the PCSPS Rules was reckonable service prior to 1st June 1972 or after 31st May 1972 but before 6th April 1988, the provisions of Part II of Schedule D2 and regulation E5 shall apply as if—
(i) references to periods of membership included references to that reckonable service and regulation K14(2) shall not apply; and
(ii) the reference to payment under regulation C13 which has been or is to be treated as having been completed included a reference to any contribution paid or treated as paid under the PSCPS Rules which would have reduced the potential lump sum contribution under rule 4.18 of the PCSPS Rules in the case of a man or rule 4.23c in the case of a woman.
(6) Even in a case where a transfer value is not paid to the Environment Agency as the funding authority under regulation K13 in relation to a person to whom this paragraph applies—
(a) that person shall for the purposes of—
(i) regulation D7(2) (entitlement to additional period under Schedule D3 in cases of early retirement on grounds of ill-health ) and
(ii) regulation D8(1) (entitlement to ill-health retirement grants)
be entitled to count as a period to which Part II of Schedule B6 applies the period which he would have been entitled to count under regulation K14(1)(b) if a transfer value had been accepted under regulation K13 in relation to him and his accrued rights under the Principal Civil Service Pension Scheme; and
(b) the additional period in relation to him referred to in regulation D7(2) shall be a period equal to A – B where—
(i) A is a period calculated as mentioned in paragraph 2 of Schedule D3, but on the assumption that his relevant period of membership includes the period which he would have been entitled to count as a period of membership under regulation K14(1)(a) if a transfer value had been accepted under regulation K13 in relation to him (“the PCSPS period”), and
(ii) B is the PCSPS period.
(7) Where the Environment Agency is paying, in recognition of the difference between the contribution rates of members of the Principal Civil Service Pension Scheme and members of the Scheme, a supplement to a person to whom this paragraph applies the amount of the supplement shall not be included in pensionable remuneration for the purposes of regulation D1.
(8) If a person to whom this paragraph applies ceases to hold a local government employment and—
(a) has a statutory pension entitlement,
(b) has attained the age of 50, and
(c) satisfies the conditions mentioned in sub-paragraph (9),
he is entitled—
(i) to a standard retirement pension (reduced in accordance with sub-paragraph (10), and
(ii) a standard retirement grant (so reduced)
which are payable to him immediately on his ceasing to hold that employment.
(9) The conditions mentioned in sub-paragraph (8)(c) are—
(a) that there has been no disqualifying break in service, and
(b) The Environment Agency consents in writing to the payment of benefits referred to in sub-paragraph (8)(i) and (ii).
(10) Subject to regulation D17, his standard retirement pension and standard retirement grant, calculated in accordance with regulation D2 and Schedule D2, are reduced by the appropriate percentage for the member’s pension advancement period.
(11) In sub-paragraph (10)—
(a) “the member’s pension advancement period” means the period remaining from the date from which the benefits become payable to the date of his 60th birthday; and
(b) “the appropriate percentage” means the percentage shown in tables produced from time to time by the Government Actuary for the purpose of calculating the reduction in a member’s pension under sub-paragraph (10).
(12) Any person to whom this paragraph applies who has entered into a contract under the PSCPS Rules to purchase an additional period of membership under the Principal Civil Service Pension Scheme shall be entitled for so long as there is no disqualifying break of service to continue to make additional periodic payments as if they were made pursuant to an election made under regulation C9 of these Regulations and in respect of the same additional period of membership and in the same amount as required under the Principal Civil Service Pension Scheme and regulation C11 shall not apply.
(13) A person to whom this paragraph applies who has elected under the Principal Civil Service Pension Scheme to pay contributions to an additional voluntary contributions scheme may continue to make voluntary contributions on the same terms as if the payment of contributions was made under regulation C24 of these Regulations and by notice under paragraph 1(1) of Schedule C4.
(14) The provisions of Schedule C4, where applicable, shall have effect in relation to contributions payable under an additional voluntary contributions scheme referred to in sub-paragraph (13) as if references in that schedule to contributions under regulation C24 and notice under paragraph 1(1) (except the reference in paragraph 18 to a fresh election under regulation C24 by notice under paragraph 1 in relation to his new employment) were references to contributions to that additional voluntary contributions scheme and notice given to contribute to that scheme.
(15) These Regulations—
(a) shall have effect in relation to a person to whom this paragraph applies as if they conferred on him rights relating to service overseas corresponding with those which he would have enjoyed if he had remained subject to the PSCPS Rules, and
(b) shall continue so to have effect so long as the person is employed without a disqualifying break of service.
(16) Part I of Schedule D5 shall not apply to a person where the new employment referred to in paragraph 1(1) of that Schedule is entered into in the circumstances set out in sub-paragraph (1) of this paragraph.
(17) For the purposes of this paragraph—
(a) “the Principal Civil Service Pension Scheme” means the scheme made under section 1 of the Superannuation Act 1972 and referred to as such in section 2(10) of that Act; and
(b) “the PSCPS Rules” means the rules constituting the Principal Civil Service Pension Scheme.
