The Local Government Pension Scheme (Miscellaneous) Regulations 2001
© Crown Copyright 2001
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The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Local Government Pension Scheme (Miscellaneous) Regulations 2001, ISBN 0 11 028859 9.
The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 1972 and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous) Regulations 2001.
(2) These Regulations shall come into force on 2nd April 2001 but -
(b) regulations 4(a), 20 and 21 shall have effect from 1st October 1999;
(c) regulations 3, 4(b) and (c) and 25 shall have effect from 13th January 2000.
(3) In regulation 29, expressions which are
also used in the Local Government Pension Scheme Regulations 1997
have the same meaning as they have in those Regulations and "best
value arrangement" shall have the meaning given to that expression in
regulation 5(17) (b) of those Regulations.
(b) in paragraph (8), after "eligible employees of the
transferee admission body" insert "specified by that
(ii) after sub-paragraph (ii) add -
(iv) a body or authority which performs the functions referred to in the section 15 direction or the section 497A directions".
(b) in paragraph (3), delete from "unless" to the end of that paragraph; and
(c) delete paragraphs (4) to (8).
(b) delete paragraphs (4) and (6).
Other early leavers: deferred retirement benefits and election for
(ii) delete "and" at the end of sub-paragraph (a) and insert after that paragraph -
(ii) referred to in regulation 27(3)(a) to be entitled to an ill-health grant, or
(iii) referred to in regulation 28(1)
the unaggregated periods of membership shall be taken into account, and"; and
(b) in paragraph (9), delete "(but excluding any unaggregated
32A. - (1) Where a person -
(b) continues as an active member in another employment he held concurrently with the first employment
he may elect to have his former membership in respect of the first
employment aggregated with his membership in that other employment.
(b) the new employment were references to his concurrent employment; and
(c) the employment in which he becomes an active member again were references to that concurrent employment.
(3) In the case of a person to whom this
regulation applies, the period of membership which will be aggregated
with his membership from the concurrent employment will be equal to his
membership from his first employment, as reduced under regulation 11(4)
if the first employment was part-time, multiplied by the
Meaning of "eligible child"
(b) a child who was wholly or mainly dependent on the deceased at the time of his death or, where the child is born after the member's death, who would have been so dependent if he had been born before or on the date of the deceased member's death,
but does not include a child who was born on or after the first
anniversary of the date of the deceased's death.".
Payments to increase total membership
(b) if earlier, his last birthday before the date after his 60th birthday when the sum of the items referred to in sub-paragraphs (a) to (c) of regulation 31(4) is 85 years or more,
the whole of the additional period may be counted as part of his
Election for pension in lieu of retirement grant
(b) in any other case, the revised contributions due from each employing authority who contributes to the fund.".
Rights to return of contributions
Notice of decision by appointed person under regulation 100
(b) after sub-paragraph (d) add -
Notice of decisions by the Secretary of State where a disagreement
is referred to him
(b) for paragraph (3), substitute the following -
(3A) Where the actuaries cannot agree on the amount within 12 months of the date of transfer or, where there is more than one date of transfer, the date of the last transfer which relates to the single event, the matter shall be referred to a third actuary, chosen by agreement between the actuaries or, in default of agreement, by the President of the Institute of Actuaries, and his determination shall be final.
(3B) The costs of determining the amount to be transferred shall be paid in equal shares by the members' former appropriate fund and the members' new appropriate fund.".
130C. - (1) A person may be an active member if he is employed in the service of the Secretary of State's function of providing rent officers with clerical and other assistance as mentioned in regulation 2 of the Transfer of Undertakings (Protection of Employment) (Rent Officer Service) Regulations 1999 and -
(b) on 1st October 1999 he became employed in the civil service of the State for the purposes of providing such clerical and other assistance.
(2) For the purposes of these regulations
every member within paragraph (1) is deemed to be in employment with the
London Pensions Fund Authority.
(9B) This paragraph applies to a person who -
(b) is appointed on or after 1st October 1999 as a rent officer in England by the Secretary of State in pursuance of his powers under the Administration of the Rent Officer Service (England) Order 1999
without a break in the continuity of the appointment referred to in
Separate employments etc.
(b) in sub-paragraph (b) for "employment in the duties of a returning officer at an Assembly election which are required by regulations made under paragraph 2 to Schedule 1 to the European Assembly Elections Act 1978 to be discharged by an acting returning officer" substitute "as a regional or local returning officer at a European Parliamentary election".
Former members of the Metropolitan Civil Staffs Superannuation Scheme
144A. Schedule 7 (Former members of the Metropolitan Civil Staffs Superannuation Scheme) shall have effect.".
Persons employed in the Meat Hygiene Service
Meat Hygiene Service
144B. - (1) The NRD of a person to whom this paragraph applies shall be 60 and -
(b) references to "65" or "65th birthday" in regulations 27(5), 28(3), 46(8)(b) and 52(2)(c) shall be construed as references to "60" and "60th birthday".
(2) Regulation 31(4) shall not apply to such
18A. - (1) This regulation applies to a person who immediately before the commencement date was a deferred member.
(2) Regulations 58 and 59 of the 1997 Regulations apply to a person to whom this regulation applies with the following modifications.
(3) In regulations 58(1) and 59(1)(a) for "Part II" substitute "Part D of the 1995 regulations".
(4) In regulation 58(1) for "regulation 27" substitute "regulation D7 of the 1995 regulations".
(5) In regulation 58(6) for "these Regulations" substitute "the 1995 regulations".
(6) In regulation 59(5) for "Schedule 4" substitute "Schedule C5".".
(b) within three months of the date on which these Regulations come into force, the transferee Scheme employer and the transferee admission body enter into an admission agreement which satisfies the requirements of regulation 5 of the Local Government Pension Scheme Regulations 1997; and
(c) the condition referred to in paragraph (4) is satisfied.
(2) Where this regulation applies, the
admission agreement may provide that a period of employment by the
transferee admission body before the date of the agreement counts as a
period of membership for the purposes of the Local Government Pension
Scheme Regulations 1997 for the employees covered by the admission
(b) that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with the date on which these Regulations come into force,
then the Local Government Pension Scheme Regulations 1997 and The Local
Government Pension Scheme (Transitional Provisions) Regulations 1997 shall
have effect in relation to him as if those amendments had never been made.
(b) died while in such employment,
before the date on which these Regulations come into force.
1. This paragraph applies to any member -
(b) whose name is listed in the Schedule to the Metropolitan Police District (School Crossing Patrols) Transfer Scheme 2000 or in Schedule 2 to the Metropolitan Police District (Boundary Changes) (Essex) Transfer Scheme 2000, the Metropolitan Police District (Boundary Changes) (Hertfordshire) Transfer Scheme 2000 or the Metropolitan Police District (Boundary Changes) (Surrey) Transfer Scheme 2000; and
(c) who is a member of the Scheme by reason of the transfer of his contract of employment on 1st April 2000 to a London borough council or a county council under those Transfer Schemes.
2. - (1) These Regulations
apply to a person to whom paragraph 1 applies ("a former MCSSS
member") with these modifications to regulation 31.
(4) In paragraph (4), for the words from the
beginning of the paragraph to "is less than 85 years"
3. Any period of service as a member of
the Metropolitan Civil Staffs Superannuation Scheme, and any other period
of service which, under the Metropolitan Civil Staffs Superannuation
Scheme, is treated as a period counting towards the membership period
required to qualify for any benefit under that Scheme, which a former
MCSSS member has, shall count towards the membership period required
before the person is entitled to any benefit under these Regulations and
such service shall be counted as its actual length.
4. - (1) In the case of a former MCSSS member who was appointed prior to 1st April 2000 by the Commissioner of Police of the Metropolis under section 26 of the Road Traffic Regulation Act 1984 to patrol school crossings and was performing that service when he transferred to the Scheme, these Regulations shall apply with these additional modifications.
(2) He may remain an active member of the Scheme until his 75th birthday or, if earlier, the date on which his period of total membership is 45 years (in the case of a Class B or Class C member) or 40 years (in the case of a Class A member).
(3) In regulation 28(3) (enhanced membership period in cases of ill health), regulation 52(2)(c) (power of employing authority to increase total membership) and paragraph 8(2)(b) of Schedule 4 (maximum addition under regulations 53 and 55), for "65" substitute "75".
(4) Omit regulations 9(1A), 20(4A), 25A and 38(5A)."
(This note is not part of the Regulations)
Regulations 2 to 27 amend the Local Government Pension Scheme Regulations 1997 which comprise the Local Government Pension Scheme ("the Scheme"). Certain of the regulations take effect on various dates before the Regulations come into force (as set out in regulation 1).
The amendments are -
Regulation 3 makes certain amendments to regulation 5 (admission agreements). These enable employees of a wider category of bodies, who are not Scheme employers and who provide services or assets in connection with the exercise of a function of a Scheme employer, to become members of the Scheme;
Regulation 4 amends regulation 6 by removing the provision allowing entry to the Scheme after age 65.
Regulation 5 makes a minor drafting amendment to regulation 9(2) (periods of membership).
Regulations 6 and 7 clarify the provisions in connection with the normal retirement age under the Scheme and early retirement. Regulation 6 amends regulation 25 defining normal retirement and regulation 7 amends regulation 31 dealing with early leavers. Regulation 11, which amends regulation 55 (payments to increase total membership), and regulation 18, which amends regulation 122 (right to count credited period), make amendments consequential upon these changes.
Regulation 8 amends regulation 32 to clarify the treatment of aggregated and non-aggregated periods of membership. Regulation 26 makes a consequential amendment to the Table in Schedule 3 (Excluded Membership).
Regulation 9 adds a new regulation 32A (concurrent employments) to provide a method of calculating membership where one of two concurrent employments terminates and the member elects to keep the periods of service aggregated for the purposes of calculating benefits.
Regulation 10 amends regulation 44, which defines an eligible child for the purpose of children's pension rights. Also the test of financial dependency required in the case of a child who is not the legitimate or adopted child of a member is extended to include a child born after the death of a member, who would have been dependent on that member had the member not died before the birth.
Regulation 12 amends regulation 58 and removes the requirement for a member to be 50 before he can exercise the right to elect for pension in lieu of retirement grant.
Regulation 13 amends regulation 64 (use of additional voluntary contributions) to allow a longer period after retirement before the value of the additional voluntary contributions must be used to pay for a pension. This is to take advantage of a change in Inland Revenue practice.
Regulation 14 amends regulation 78 (special circumstances where a revised actuarial valuation and certificate must be obtained) to allow the actuary to provide, in certain circumstances, that where an outgoing admission body cannot pay revised contributions to a fund, that liability is borne by the Scheme employer who is a party to the admission agreement.
Regulation 15 amends regulation 87 (rights to return of contributions) by substituting a formula for the calculation of the period of membership the contributions can buy for the existing provision that the period will be calculated in accordance with guidance issued by the Government Actuary.
Regulations 16 and 17 amend provisions in regulations 101 and 103 respectively (resolution of disputes) in connection with the information which must be given to members about the Pensions Advisory Service in the internal dispute resolution procedure. These changes are necessitated by the Occupational Pension Schemes (Disclosure of Information) Regulations 1999 (S.I.1999/3198).
Regulation 19 amends regulation 125 (changes of fund) to provide that where a transfer involves ten or more members, the calculation of the transfer amount is to be by way of agreement between fund actuaries with reference to a third actuary to resolve disagreements.
Regulations 20 and 21 make provision in connection with Rent Service Agency staff and rent officers respectively following reorganisation of that Service.
Regulation 22 amends the terminology used in regulation 132 (separate employments) in references to various elections.
Regulation 23 replaces provisions in connection with former members of the Metropolitan Civil Staffs Superannuation Scheme. It refers to the new Schedule added to the Local Government Pension Scheme Regulations 1997 as Schedule 7 by regulation 27 of these regulations.
Regulation 24 makes special provision, by adding a new regulation, for members employed in the Meat Hygiene Service who were previously members of the Principal Civil Service Pension Scheme.
Regulation 25 makes a minor drafting amendment to Schedule 1.
Regulation 28 amends the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 by adding a provision allowing a person who was a deferred member of the Scheme on 31st March 1998 to elect for a pension in lieu of his retirement grant or to elect for a lump sum in lieu of part of his pension.
Regulation 29 makes provision in connection with an admission agreement where the admission body provides services or assets in connection with the exercise of a function of a Scheme employer. In the circumstances set out in that regulation, it allows a certain period of employment to count as a period of membership for the purposes of the Scheme.
Section 12 of the Superannuation Act 1972 provides that regulations made under section 7 of that Act may have retrospective effect. Regulation 30 allows certain persons who would be placed in a worse position by amendments made in these Regulations to elect for the amendments not to apply in their case.
Regulation 31 is a revoking provision.
 1972 c. 11; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).back
 1977 c. 42; section 63 was amended by sections 120 and 140(2) of, Part I of Schedule 14 to, and Schedule 18 to, the Housing Act 1988 (c. 50); subsection (9), as added by paragraph 13(3) of Schedule 8 to the Local Government and Housing Act 1985 (c. 51), was substituted by regulations 2 and 4 of the Local Government Changes (Rent Act) Regulations 1995 (S.I. 1995/2451). There are other amendments to section 63 not relevant to this instrument.back
 Schemes made by the Commissioner of Police of the Metropolis and the Receiver for the Metropolitan Police District as required by directions dated 25th January 2000 given by the Secretary of State for the Home Department under section 409(2) of the Greater London Authority Act 1999 (c. 29).back
ISBN 0 11 028859 9
|© Crown copyright 2001||Prepared 12 March 2001|