The Local Government Pension Scheme (Amendment) Regulations 2008

Amendment of the Benefits Regulations

23.  After regulation 40 (guidance on future costs), insert—

“Pension debits

41.   Administering authorities shall have regard to guidance issued by the Government Actuary as to reduction of benefits payable under these Regulations in consequence of a pension debit created under section 29 of the Welfare Reform and Pension Act 1999(1).

No double entitlement

42.— (1) Where (apart from this regulation) any member would be entitled to a pension or retirement grant under two or more regulations by reason of the same period of membership—

(a) he shall be entitled to benefits under only one regulation;

(b) he may choose under which provision he is to be paid those benefits; and

(c) if he does not choose, the administering authority may notify him in writing of the provision.

(2) A member’s choice must be by notice in writing, given to the administering authority before the expiry of three months beginning with the day on which he becomes entitled to choose under which provision his pension or retirement grant is to be paid.

(3) Paragraph (1) does not affect the member’s rights under the Pension Schemes Act 1993(2).

(4) This regulation also applies to any survivor benefits payable under regulation 24, 27, 33, 34, 36 or 37.”.

(1)

1999 c. 30.

(2)

1993 c. 48.