Citation and commencement

1. These Regulations may be cited as the Local GovernmentSuperannuation (Reserve Forces) Regulations 1991 and shall come intoforce on 18th June 1991, but shall have effect as from 17th December1990.

Interpretation

2. In these Regulations, unless the context otherwiserequires-

• "the principal Regulations" means the Local Government Superannuation Regula tions 1986(2), and any expression which is also used in the principalRegulations has the same meaning as in those Regulations;

• "the 1951 Act" means the Reserve and Auxiliary Forces (Protection of CivilInterests) Act 1951(3);

• "former employment" means the employment in which a person is a pensionable employeeimmediately before he begins to perform relevant service, and"former employer" shall be construed accordingly;

• "pensionable employee" includes an admitted employee;

• "relevant service" has the meaning given in the Schedule to these Regulations;

• "service pay" means pay for performing relevant service, and includes marriage,family and other similar allowances.

Persons to whom these Regulations apply

3.-(1) Subject to paragraph (3), these Regulations apply to a person whoceases to be a pensionable employee, or is granted leave of absence from duty in an employment in which he is a pensionable employee, in order to performrelevant service.

(2) Subject to paragraph (3), where-

(a)a person is not a pensionable employee when he ceases hisemployment, or begins his leave of absence from duty in that employment,in order to perform relevant service, but

(b)he is before so ceasing his employment, or beginning his leave ofabsence from duty in that employment, entitled by virtue of thatemployment to make an election to become a pensionable employee underregulation B1A or B1C of the principal Regulations(4), and

(c)he has before so ceasing his employment, or beginning his leave ofabsence from duty in that employment, made such an election,

• these Regulations shall apply to him as if he were a pensionableemployee when he so ceased his employment, or began his leave of absencefrom duty in that employment, but as if references to his relevantservice did not include references to any period before the day fromwhich his notice of election has effect.

(3) These Regulations shall not apply to a person in respect of a periodof relevant service if he gives notice in writing to the appropriateadministering authority that he does not wish these Regulations to applyto him in respect of that period.

(4) A notice under paragraph (3) shall be given not later than 12months after-

(a)the end of the period of relevant service to which the noticerelates;

(b)the date on which these Regulations come into force; or

(c)such other date as may be agreed by the appropriate administeringauthority,

• whichever is the latest.

Rights under the principal Regulations

4.-(1) Where these Regulations apply to a person, the period of hisrelevant service shall, for the purposes of the principal Regulations,be treated as reckonable service in relation to his former employment.

(2) Where these Regulations apply to a person who is entitled under anyprovision of the principal Regulations (other than regulation C9A(5)) to pay additional contributions, make payment byinstalments, or make any other payment to the appropriate superannuationfund other than a lump sum payment, that person shall be treated, forthe purposes of the principal Regulations, as if he has, throughout thewhole of the period of his relevant service, paid any such additionalcontributions, instalments or other payments.

(3) If, during the period of his relevant service, a person to whomthese Regulations apply-

(a)dies; or

(b)becomes incapable of discharging efficiently the duties of hisformer employ ment by reason of permanent ill-health, injury orinfirmity of mind or body; or

(c)attains pensionable age,

• he shall be deemed for the purposes of the principal Regulations tohave been serving in his former employment at the time of his death, orat the time when he ceased to perform relevant service, or at the timeat which he attained pensionable age, as the case may be.

(4) Where, for the purpose of calculating the amount of any benefitpayable to any person under the principal Regulations, it is necessaryto take account of his remuneration in respect of any period of hisrelevant service, the amount of his remuneration during that periodshall be deemed to be the amount by reference to which the calculationwould have been made if he had continued to be employed in his formeremployment.

Payment of contributions

5.-(1) A person to whom these Regulations apply shall, subject to paragraph (2),

during any period of his relevant service when hisservice pay, when aggregated with any payments under Part V of the 1951Act, is not less than the remuneration he would have received if he hadduring that period continued to be employed in his former employment,pay to the appropriate superannuation fund all such contributions,additional contributions, payments by way of instalments and otherpayments as would have been payable under the principal Regulations ifhe had continued to be employed in his former employment.

(2) Paragraph (1) above does not apply in respect of contributions underregulation C9A of the principal Regulations.

(3) All payments made by a person under this regulation shall, subjectto paragraph (4), be treated for the purposes of the principalRegulations as if they were made under the provision of thoseRegulations under which they would have been made if he had continued tobe employed in his former employment.

(4) Regulation C11 of the principal Regulations (deduction and recoveryof employee's contributions) shall not apply to sums payable under thisregulation.

Return of contributions

6. Where any person to whom these Regulations apply elects to receive areturn of contributions under regulation C12 of the principalRegulations, no period after the date on which the election is madeshall be included in the period of his relevant service for the purposeof these Regulations.

Deduction and recovery of contributions

7.-(1) The former employer of a person by whom any sums are payable underregulation 5 may deduct such sums from any payment made to him by thatemployer under Part V of the 1951 Act, but only insofar as those sumsare payable in respect of the period in respect of which that payment ismade;

(2) If and so far as deductions are not made under paragraph (1), theappropriate administering authority may recover any outstanding sumremaining due-

(a)by deducting it from any payment by way of benefits to or inrespect of the person under the principal Regulations, or

(b)if the sum is not paid within 12 months of the person ceasing toperform relevant service, as a simple contract debt in any court ofcompetent jurisdiction.

Additional voluntary contributions

8.-(1) In this regulation,"additional voluntary contributions" means contributions payable under regulation C9A of the principalRegulations.

(2) Where, before the commencement of his relevant service, a person towhom these Regulations apply was paying additional voluntarycontributions to be used to provide benefits payable in the event ofdeath, and he has not elected to discontinue thosecontributions-

(a)the appropriate administering authority shall continue to make theappropriate payments in respect of him during the period of his relevantservice in accordance with the arrangements made under paragraph 3(1) ofSchedule 6A to the principal Regulations(6); and

(b)the sums so paid shall be deductible by the former employer, or beotherwise recoverable by the appropriate administering authority, inaccordance with regulation 7 as if they were sums payable underregulation 5.

(3) Where, before the commencement of his relevant service, a person towhom these Regulations apply was paying additional voluntary contributions which were not to be used to provide benefits payable in the event of death, and he has not elected to discontinue those contributions, he may continue to make such contributions during the period of his relevant service if hewishes to do so.

Notifications under regulation B1B of the principal Regulations

9.-(1) Where a pensionable employee to whom these Regulations apply has,before ceasing to be a pensionable employee or beginning his leave ofabsence in order to perform relevant service, given a notification underregulation B1B of the principal Regulations(7) (opting out of pensionable employment) which has nottaken effect before the commencement of his relevant service, thatnotification shall be treated as if it had not been given, unless theemployee elects that this paragraph shall not apply.

(2) An election under this regulation shall be made in writing to theappropriate administering authority not later than 12 months after theend of the person's relevant service.

(3) The appropriate administering authority may agree to extend the timefor making an election under this regulation.

(4) The appropriate administering authority shall take all practicablesteps to ensure that a person who is entitled to make an election underthis regulation is notified of that entitlement.

Amendment of the principal Regulations

10.-(1) Regulation C3 of the principal Regulations (leave of absence fromduty) is amended by inserting after paragraph (4) the following:

"(5) This regulation does not apply where the leave of absence isgiven to enable the employee to perform relevant service within themeaning of the Local Government Superannuation (Reserve Forces)Regulations 1991.".

(2) Regulation D1(2) of the principal Regulations (reckonable service)is amended by inserting after sub-paragraph (c) the following:

• ",

  (d)

  any period which he is entitled to reckon by virtue of regulation 4of the Local Government Superannuation (Reserve Forces) Regulations1991.".

Right of appeal

11. The provisions of Part N of the principal Regulations (determinationof questions and appeals) shall apply in relation to rights andliabilities arising under these Regulations as they apply in relation torights and liabilities under the principal Regulations.

Regulation 2

SCHEDULE RELEVANT SERVICE

1. "Relevant service" means service on or after 17th December 1990, other than for thepurposes of training only,-

(a)in pursuance of any notice or directions given under any enactmentwhich provides for the calling out on permanent service, or the callinginto actual service, or the embodiment of any reserve or auxiliaryforce, or members of such a force, or the recall of service pensioners;or

(b)in pursuance of any obligation or undertaking, whether legallyenforceable or not, to serve when called upon as a commissioned officer,not being an obligation or undertaking-

(i)to accept a permanent commission or a commission for a fixedterm, or

(ii)to serve for the purposes of periodical training; or

(c)rendered by virtue of section 14(1) or 34 of the Reserve Forces Act1980(8).

2. In this Schedule-

• "regular forces" means the Royal Navy, the Royal Marines, the regular army and theregular air force or any reserve or auxiliary force which has beencalled out on permanent service, or which has been embodied;

• "reserve or auxiliary force" means the whole or any part of the Royal Naval Reserve (includingthe Royal Fleet Reserve), the Royal Marines Reserve, the TerritorialArmy, the Army Reserve, the Air Force Reserve, the Royal Air ForceVolunteer Reserve or the Royal Auxiliary Air Force;

• "service pensioner" means a person in receipt of a pension granted in respect ofservice in the regular forces, or in respect of that service and otherservice, not being a pension awarded in respect of disablement.

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in connection with the pensionrights of pensionable employees under the Local GovernmentSuperannuation Regulations 1986 ("the principal Regulations") who are called out or volunteer for duty as reservists in theArmed Forces.

Regulation 4 provides that all such employees will be able to counttheir military service as reckonable service for superannuationpurposes, and will be treated as having paid all the appropriatecontributions under the principal Regulations during the period of thatservice, whether or not they are in fact paid. If the employee dies,becomes permanently incapacitated, or reaches pensionable age while onmilitary service he is deemed to have been serving in his localgovernment employment at the time.

Regulation 5 provides that if the employee's service pay, togetherwith any"top up" paid by his local government employer, is not less than his localgovernment pay he is required to pay the same contributions as wouldhave been payable if he had remained in his local government employment.Regulation 7 sets out the methods by which such contributions may berecovered.

Regulation 8 deals with cases where the employee has elected to payadditional voluntary contributions under regulation C9A of the principalRegulations. Where such contributions are used to provide benefitspayable in the event of death by means of an insurance policy, theappropriate administering authority is required to continue to pay thepremiums, which are recoverable from the employee. Any other suchcontributions may continue to be paid by the employee if he so wishes.

The Regulations make provision for cases where the employee iscalled out after he has opted to join, or to leave, the Local GovernmentSuperannuation Scheme but before that option has taken effect. In suchcases he will be treated as being in the Scheme unless he electsotherwise.

The Regulations are by virtue of section 12(1) of the SuperannuationAct 1972 made retrospective to 17th December 1990.