Legal opinions obtained by the LGPC Secretariat that are relevant to the LGPS in England and Wales. The documents on this page are based on the authors’ understanding of the law at the time of writing and do not necessarily represent the authors’ current understanding.
Please also note that these opinions have been provided to the Local Government Association directly and other parties may wish to take their own advice before taking any action or making any decision in respect of the questions covered by the opinions.
08/2024
v1.0
Explores the legal considerations for LGPS administering authorities when genealogy companies seek death grant payments on behalf of beneficiaries. Advises on evidential, discretionary and governance requirements when assessing such requests.
09/2021
v1.0
Examines what information LGPS administering authorities can disclose about death grant decisions and recipients. Covers notification requirements, beneficiary communications and Pensions Ombudsman expectations.
07/2020
v1.0
Considers whether LGPS administering authorities can collect and retain member data needed to implement the McCloud remedy. Examines GDPR requirements, lawful processing grounds, retention periods and data security considerations.
09/2019
v1.0
Examines LGPS administering authorities’ responsibilities in relation to the proposed transfer of Equitable Life AVC business. Considers voting rights, fiduciary duties and decision-making responsibilities when protecting members’ AVC interests.
10/2017
v1.0
Considers whether assistant coroners are eligible for membership of the LGPS following reforms introduced by the Coroners and Justice Act 2009. Examines pension scheme eligibility, employment status and automatic enrolment considerations for coronial office holders.
10/2017
v1.0
Provides guidance on the implications of GDPR for LGPS administering authorities and pension scheme administration. Covers lawful processing, member rights, data retention, governance responsibilities and AVC communications.
10/2016
v1.0
Considers whether LGPS administering authorities are subject to regulation by the Financial Conduct Authority when carrying out their pension fund duties. Examines the application of financial services legislation, regulated activities and FCA requirements to LGPS fund administration.
07/2015
v1.0
Explains the legal status, funding arrangements and LGPS responsibilities of further education, sixth form college and higher education corporations. Examines employer liabilities, public sector classification issues and the treatment of pension obligations on dissolution or financial failure.
07/2015
v1.0
Explores whether councils have the legal power to provide pension benefits for elected members following their removal from the LGPS. Covers statutory powers, auto-enrolment considerations and the legal constraints on pension provision for councillors.
07/2011
v1.0
Provides legal guidance on LGPS participation, admission agreements and employer liabilities for admission bodies, designation bodies and other participating employers. Examines scheme closure, contribution obligations, deficit funding and the treatment of pension liabilities when active membership ceases.
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