The Local Government Pension Scheme (Amendment) (Environment Agency) Regulations 1998

• Citation: S.I. 1998/568
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) (Environment Agency) Regulations 1998 and shall come into force on 31st March 1998 but shall have effect from 1st April 1996.

(2) In these Regulations “the principal Regulations ” means the Local Government Pension Scheme Regulations 1995 .

Section 2 Amendment to the principal Regulations in respect of former employees of HM Inspectorate of Pollution and Department of the Environment

Paragraph 9 of Schedule M2 to the principal Regulations is amended—

(a) by inserting after sub-paragraph (6) the following as sub-paragraph (6A)—

(6A) A person to whom this paragraph applies who does not give notice under regulation K13 that he wishes the Environment Agency as the fund authority to accept a transfer value in respect of his accrued rights in the Principal Civil Service Pension Scheme shall nevertheless 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.

(b) in sub-paragraph (8)(c), by substituting for the word “conditions” the word “condition”;

(c) in sub-paragraph (9)—

(i) by substituting for the word “conditions” the word “condition” and for the word “are” the word “is”,

(ii) by deleting the word “and” at the end of paragraph (a), and

(iii) by deleting paragraph (b); and

(d) by adding as sub-paragraphs (20) and (21) the following—

(20) Where before 1st April 1998 a person to whom this paragraph applies—

(a) is transferred from one employment to another employment with the Environment Agency at a reduced remuneration, or

(b) suffers a reduction in remuneration in the same employment which—

(i) results from circumstances beyond his control,

(ii) is not temporary, and

(iii) does not consist in the termination of, or a reduction in, a temporary increase in remuneration, or

(c) suffers a restriction in the rate at which his remuneration may be increased which is such that it is likely that the rate of his standard retirement pension will be adversely affected

he shall be treated for the purposes of regulation D11 as having ceased to hold a local government employment.

(21) Schedule D1 (further provisions about pensionable remuneration) shall apply in respect of a person to whom this paragraph applies as if there were inserted in paragraph 4(4) (the definition of a reduction in remuneration), after paragraph (c), the following—

(d) the rate at which his remuneration may be increased is restricted in such a way that it is likely that the rate of his standard retirement pension will be adversely affected;

Section 3 Retrospective effect

Nothing in these Regulations shall place any individual who is qualified to participate in the benefits for which the principal Regulations provide in a worse position than he would have been in if regulation 2 had been framed so as to have effect only from the date of its making.