PENSIONS Citation and commencement 1 These regulations may be cited as the Pensions Increase (Approved Schemes) (Local Government) Regulations 1972, and shall come into operation on 1st August 1972. Interpretation 2 1 In these regulations, unless the context otherwise requires— “ the Act of 1937 ” means the Local Government Superannuation Act 1937; “ the Act of 1971 ” means the Pensions (Increase) Act 1971; “ the Act of 1972 ” means the Superannuation Act 1972; “ average remuneration ”, in relation to a person, means the annual average of the remuneration of his employment as assessed for the purposes of calculating the employer's superannuation contribution during the last 3 years of his reckonable service; “ the civil service pension scheme ” means the principal civil service pension scheme within the meaning of section 2 of the Act of 1972 and for the time being in force; “ contributory employee ” means a contributory employee within the meaning of section 3(1) of the Act of 1937 to whom the provisions of the Local Government Superannuation (Benefits) Regulations 1954 (other than regulation 17) apply; “ dependant ”, in relation to a woman, means a person who is to the satisfaction of the relevant local authority wholly or mainly supported by that woman and who either has not attained the age of 16 years or is receiving full-time instruction at an educational establishment or is undergoing training for a trade, profession or vocation in such circumstances that he is required to devote the whole of his time to that training for a period of not less than 2 years; “ Health Service Regulations ” means the National Health Service (Superannuation) Regulations 1961 ; “ local authority ” has the meaning assigned to it by section 40 of the Act of 1937; “ minimum pensionable age ”, in relation to a person, means the earliest age at which he could have become entitled to receive a pension (other than a pension payable consequent on physical or mental infirmity) if in his employment he had been a contributory employee; “ reckonable service ”, in relation to a person, has the meaning assigned to it by Schedule 1 to these regulations; “ relevant local authority ”, in relation to a person, means the local authority by whom an amount will be payable under regulation 6 hereof if the conditions set out in regulation 4 are satisfied; “ the Secretary of State ” means the Secretary of State for the Environment; “ superannuation scheme ” means the Federated Superannuation Scheme for Nurses and Hospital Officers and any other scheme approved by the Minister for the Civil Service for the purposes of section 13 of the Act of 1971. 2 In these regulations, unless the context otherwise requires, any reference to any enactment or regulation specified in Schedule 2 to these regulations or any provision thereof shall be construed as a reference to that enactment, those regulations or that provision as having effect by virtue of paragraph 5(1) of Schedule 7 to the Act of 1972. 3 In these regulations, unless the context otherwise requires, any reference to any enactment or regulations shall be construed as a reference to that enactment or those regulations as amended or extended by any other enactment or regulations. 4 The Interpretation Act 1889 shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament. Effect of these regulations 3 These regulations shall apply for the payment to persons described in regulation 4 hereof of the amounts described in regulation 6, being amounts which appear to the Secretary of State to be appropriate having regard to the benefits provided by Part I of the Act of 1971 for persons whose superannuation benefits are regulated under the civil service pension scheme. Persons to whom the regulations apply 4 1 These regulations shall apply to any person who— a either— i has ceased to be employed by a local authority at or after attaining minimum pensionable age, or ii having ceased to be employed by a local authority at or after attaining the age of 50 years but before attaining minimum pensionable age, attains minimum pensionable age or is to the satisfaction of the relevant local authority disabled by physical or mental infirmity, or iii has ceased to be employed by a local authority on account of physical or mental infirmity; and b immediately before so ceasing to be employed— i was subject to a superannuation scheme, and ii had completed 10 years' reckonable service; and c has received or has become entitled to receive payment of any retirement benefit under the superannuation scheme mentioned in paragraph (1)(b)(i) of this regulation; and d either— i has attained the age of 60 years or such reduced age as may be provided for by an order made under section 3(8) of the Act of 1971, or ii has ceased to be employed by the local authority on account of physical or mental infirmity or is to the satisfaction of the relevant local authority disabled by physical or mental infirmity, or iii is a woman who has at least one dependant. 2 Notwithstanding the provisions of paragraph (1)(a)(ii) of this regulation, these regulations shall not apply to any person who, having ceased to be employed as therein mentioned,— a within 12 months of so ceasing to be employed entered any of the employments described in paragraph 2 of Schedule 1 to these regulations, or b before attaining minimum pensionable age again became employed in any employment in which he was subject to the superannuation scheme mentioned in paragraph (1)(b)(i) of this regulation. 3 For the purposes of paragraph (1) of this regulation, a person who was entitled to receive, and received, payment of any retirement benefit under a superannuation scheme within 12 months of minimum pensionable age shall be deemed to have attained that age. National pension and notional lump sum 5 1 There shall be ascribed to each person to whom these regulations apply a notional pension calculated on the following basis— a for each year of reckonable service, one eightieth of his average remuneration, and b for any additional part of a year of reckonable service which amounts to or exceeds 6 months, one one hundred and sixtieth of his average remuneration. 2 Where a person to whom these regulations apply has ceased to be employed as mentioned in regulation 4(1)(a)(ii) of these regulations, there shall be ascribed to him a notional lump sum calculated on the following basis— a for each year of reckonable service, three eightieths of his average remuneration, and b for any additional part of a year of reckonable service which amounts to or exceeds 6 months, three one hundred and sixtieths of his average remuneration. 3 Where the amount of a notional pension ascribed, under paragraph (1) of this regulation, to any person does not exceed £26 a year, these regulations shall not apply to him. 4 In calculating, under paragraph (1) of this regulation, the notional pension of a person to whom an allowance was payable before the coming into operation of these regulations under or by reference to the Pensions Increase (Approved Schemes) (Local Government) Regulations 1968 and 1969 any fraction of a pound in the resulting sum shall be treated as a whole pound. Payment of benefits equivalent to pensions increase 6 1 Subject to paragraph (2) of this regulation, a local authority shall, in respect of any period beginning on or after 1st September 1971, pay to any person to whom these regulations apply and who was employed by them on the day when his reckonable service ended or, in connection with functions afterwards transferred to that authority, was employed on that day by another local authority an amount equal to the increase which would be payable to him under the Act of 1971— a if there were payable to him— i a superannuation allowance under the civil service pension scheme, beginning on the day following the termination of his reckonable service and of an amount equal to the notional pension ascribed to him under regulation 5(1) of these regulations, and ii in a case where a notional lump sum is ascribed to him under regulation 5(2) of these regulations, a lump sum under the civil service pension scheme, beginning on the day following the termination of his reckonable service, becoming payable on his attaining minimum pensionable age or satisfying the local authority that he is disabled by physical or mental infirmity, as the case may be, and of an amount equal to that notional lump sum, and b if any allowance which might (but for the Act of 1971) have been paid to him under the Pensions Increase (Approved Schemes) (Local Government) Regulations 1968 and 1969 were a relevant increase within the meaning of section 6(10) of that Act. 2 Where by virtue of section 18(2) of the Act of 1971 (which, in respect of any period between 31st August 1971 and the coming into force of regulations under a provision of Part II of the Act of 1971, permits the payment on certain pensions of the like increase or supplement as was authorised by regulations under an enactment (replaced by the Act of 1971) corresponding to that provision) any allowance which might (but for the Act of 1971) have been paid to a person to whom these regulations apply under the Pensions Increase (Approved Schemes) (Local Government) Regulations 1968 and 1969 has been paid to him, there shall be deducted from the amount payable to him under paragraph (1) of this regulation the amount of the allowance so paid. Peter Walker Secretary of State for the Environment 22nd June 1972 Approval of the Minister for the Civil Service given under his official seal on 22nd June 1972. A.W. Wyatt Authorised by the Minister for the Civil Service