
1 

(1) These Regulations may be cited as the Local Government Superannuation (Miscellaneous Provisions) Regulations 1995 and shall come into force on 27th April 1995 but regulation 2 shall have effect as from 1st September 1989, regulations 3 and 4 shall have effect as from 1st April 1986 and regulation 5 shall have effect as from 1st April 1993.
(2) In these Regulations “the principle Regulations” means the Local Government Superannuation Regulations 1986 .
2 

(1) The principal Regulations shall be amended by inserting in Part E after regulation E33 the following—“
E33A 

(1) Where a pension has become payable and is not paid within twelve months after the due date, the appropriate administering authority shall pay to the person to whom the pension is payable interest, calculated in accordance with regulation E33(1).
(2) For the purposes of this regulation—
(a) “pension” means a retirement pension, a widow’s or widower’s pension payable under regulation E5 or E7 and a children’s pension payable under regulation E8, and
(b) “the due date” is—
(i) in the case of a retirement pension which becomes payable by virtue of a notice in writing under regulation E2(6) or (7)(a) given on or after the date on which the retirement pension by virtue of that notice becomes payable, the date one month after that notice was given,
(ii) in the case of part of a pension which becomes payable by virtue of payments or contributions (other than an increase in contributions made following a decision under regulations N1 or N8) made after the date on which the reminder of the pension became payable, the date one month after that increase in payments or contributions was paid,
(iii) in the case of a pension or part of a pension which becomes payable by virtue of contributions made following a decision under regulation N1 or N8, the date on which that pension or part of a pension would have become payable had those contributions been made at the first opportunity which these regulations would otherwise have provided,
(iv) in all other cases, the date on which that pension or part of a pension becomes payable.”
3 
The principal Regulations shall be amended—
(a) in regulation J13(4), by substituting for the reference “J14(2)(c)” the reference “J14(4)(b)”; and
(b) in regulation J14(1), by substituting for the reference “(7)” in the entry for the expression “appropriate part of the fund”, the reference “(8)”.
4 
Regulation 9(2)(b) of the Local Government Superannuation (Amendment) Regulations 1994  shall be amended by substituting for the number “3” the number “6”.
5 
Schedule 6A to the principal Regulations shall be amended—
(a) in paragraph 4(2), by substituting for the words “paragraph 6” the words “paragraphs 6, 6A and 6B”;
(b) in paragraph 6(2)(e), by substituting for the words “and 6” the words “,6, 6A and 6B”; and
(c) by inserting after paragraph 6 the following—“
6A 

(1) Where a person who has given notice under paragraph 1(1) of an election under regulation C9A to his employing authority—
(a) has ceased to be employed by that authority; or
(b) has ceased to be a pensionable employee by virtue of a notification under regulation B1B,
he may elect to have the accumulated value of the invested additional contributions, mentioned in paragraph 4(1), used—
(i) in the case mentioned in paragraph (a), in one of more of the ways mentioned in paragraph (2); and
(ii) in the case mentioned in paragraph (b), in one or both of the ways mentioned in paragraphs (b) and (e) of sub-paragraph (2).
(2) The ways referred to in sub-paragraph (1) are—
(a) to subscribe to a superannuation scheme;
(b) to subscribe to a personal pension scheme;
(c) to subscribe to a self-employed pension arrangement;
(d) to purchase an appropriate policy from one or more insurance companies; or
(e) to subscribe to an additional voluntary contributions scheme.
6B 
Where a person receives a refund under regulation C12 as a consequence of ceasing—
(a) to be employed by a scheduled body; or
(b) to be a pensionable employee by virtue of a notification under regulation B1B,he must receive immediate payment of the accumulated value of the additional contributions mentioned in paragraph 4(1).”
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
30th March 1995