ARRANGEMENT OF REGULATIONS
PART I[PRELIMINARY PROVISIONS]
3. Application to Isles of Scilly.
PART II [PRIMARY PROVISIONS]
CHAPTER I [MEMBERSHIP]
Eligibility for active membership
4. General eligibility for membership: employees of Scheme employers etc.
5. Employees of non-Scheme employers: community admission bodies
5A. Employees of non-Scheme employers: transferee admission bodies
5B. Requirements for admission agreements
6. Further restrictions on eligibility.
Joining and leaving the Scheme
CHAPTER II [COUNTING MEMBERSHIP FOR THE SCHEME]
9. Periods of membership: "total membership".
11. Length of period of membership: calculation of benefit.
CHAPTER III [CONTRIBUTIONS]
14. Members with lower rate rights.
15. Employer's discretion to reduce member's contribution rate.
16. Inland Revenue limits on contributions.
17. Obligatory contributions during absences.
18. Optional contributions during absences.
CHAPTER IV [BENEFITS]
Preliminary
19. General qualification for benefits.
23. Permanent reductions in pay: certificates of protection of pension benefits.
Retirement benefits
25A. Retirement after the normal retirement date
28. Amounts of ill-health pension and grant.
30. Further provisions about elections under
regulation 29. (SI2004/573)
31. Other early leavers: deferred retirement benefits and elections for early payment.
32. Re-employed deferred members.
35. Requirements as to time of payment.
36. Guaranteed minimum pensions etc.
37. Revaluation of guaranteed minimum.
Death grants
39. Reduction of death grants: re-employed pensioners.
(SI2002/206)
Surviving spouses' pensions Surviving spouse's or civil
partner's pensions (SI2005/3069)
40. Surviving spouse's short-term pension
Surviving spouse's or civil partner's short-term pension. (SI2005/3069)
41. Surviving spouse's or civil partner's long-term pension. (SI2005/3069)
42. Reduction of some surviving spouses' pensions.
42A. Calculation of pension for surviving civil partners. (SI2005/3069)
43. Surviving spouse's or civil partner's guaranteed minimum pension. (SI2005/3069)
Children's pensions
44. Meaning of "eligible child".
45. Children's short-term pensions.
46. Children's long-term pensions.
47. Discretions as to payment of children's pensions.
48. Dependants of re-employed pensioners.
(SI 2004/573)
Commutation
49. Commutation: small pensions.
50. Commutation: exceptional ill-health.
PART III[OPTIONAL ADDITIONAL BENEFITS]
CHAPTER I [LIMITS AFFECTING BENEFITS]
51. Scope of Part III: limits on benefits.
CHAPTER II [INCREASE OF MEMBERSHIP BY EMPLOYING AUTHORITY]
52. Power of employing authority to increase total
membership of members leaving employment at or after 50. (SI2004/573)
53. Power of employing authority to increase
total membership of new members. (SI2004/573)
54. Effect of increases under this Chapter for older members.
CHAPTER III [MEMBERS' OPTIONS TO INCREASE PENSIONS]
Purchase of added years
55. Payments to increase total membership.
57. Effect of increases under this Chapter for older members.
Conversion between lump sums and pensions
58. Election for pension in lieu of retirement grant.
59. Election for lump sum in lieu of pension.
CHAPTER IV [ADDITIONAL VOLUNTARY CONTRIBUTIONS]
Members only AVC schemes
62. Functions of employing and administering authorities.
65. Changes of employment in which membership is continued.
66. Elections as to use of accumulated value of AVCs.
Shared cost AVC schemes
67. Establishment of SCAVC schemes.
68. Applications to pay SCAVCs.
69. Functions of employing and administering authorities.
70. Application and investment of SCAVCs.
71. Changes of employment in which membership is continued.
PART IV [ADMINISTRATION]
CHAPTER I [PENSION FUNDS AND EMPLOYERS' PAYMENTS]
Pension funds
75. Admission agreement funds.
76A. Funding strategy statement
77. Actuarial valuations and certificates.
78. Special circumstances where actuarial valuations and certificates must be obtained.
Employers' liability to make payments
80. Employer's further payments.
81. Payments by employing authorities to appropriate administering authorities.
Interest
CHAPTER II [MEMBERS' CONTRIBUTIONS]
83. Discontinuance of additional contributions.
84. Separate treatment of AVCs and SCAVCs from other contributions.
85. Over-provision: calculation and return of surplus AVC and SCAVC funds.
87. Rights to return of contributions.
88. Exclusion of rights to return of contributions.
89. Deduction and recovery of member's contributions.
CHAPTER III[PAYMENT OF BENEFITS ETC]
90. Pension increases and cash equivalents under the Pension Schemes Act 1993.
91. Pension increases under the Pensions (Increase) Acts.
92. Contributions equivalent premiums.
94. Interest on late payment of certain benefits.
95. Payments due in respect of deceased persons.
CHAPTER IV [DETERMINATIONS, INFORMATION AND RECORDS]
Initial determinations of questions
98. Notification of decisions under regulation 97.
Resolution of disputes
99. Appointment of persons to resolve disputes.
Appropriate administering authorities (SI2004/573)
100. Right to apply to person to decide the disagreement.
101. Notice of decisions under regulation 100.
102. Reference of disagreement to appropriate administering authority.
103. Notice of decisions under regulation 102.
104. Rights of representation.
105. Appeals by administering authorities.
Information and records
106. Statements of policy concerning exercise of discretionary functions.
106A. Annual benefit statements
107. Information to be supplied by employees.
108. Exchange of information by authorities.
108A. Provision of information, charging and prescribed persons
CHAPTER V [SPECIAL ADJUSTMENTS]
Abatement during new employment
109. Statements of policy concerning abatement of retirement pensions in new employment.
110. Application of abatement policy in individual cases.
Misconduct
111. Forfeiture of pension rights after conviction of employment-related offences.
112. Interim payments directions.
113. Recovery or retention where former member has misconduct obligation.
114. Protection of GMP rights.
115. Transfer of sums from the pension fund to compensate for former member's misconduct.
CHAPTER VI [TRANSFERS]
Transfers out
116. Application of Chapter IV of Part IV of the Pension Schemes Act 1993.
117. Rights to payment out of fund authority's pension fund.
118. Contracting-out requirements affecting transfers out.
Bulk transfer arrangements
119. Bulk transfers (transfers of undertakings) etc.
120. Calculation of amount of transfer payment under regulation 119.
Transfers in
121. Inward transfers of pension rights
122. Right to count credited period.
122A. Credited periods for transferring members with mis-sold pension rights
123. Rights as to service not matched by credited period.
Communities' scheme transferees
124. Community scheme transferees.
Payments between authorities
126. Liability for combined benefits.
(SI2004/573)
PART V [SPECIAL CASES]
CHAPTER I [ELIGIBILITY]
127. Eligibility for active membership: employees etc. of non-Scheme employers.
128. Supplementary provisions about employees within regulation 127.
129. Miscellaneous transport employees.
130. Miscellaneous airport employees.
130A. Persons appointed by the Secretary of State under the Greater London Authority Act 1999
130C. Employees in the Rent Service Agency
131. Further cases of eligibility: non-employees.
132. Separate employments etc.
CHAPTER II[MODIFICATIONS FOR CERTAIN EMPLOYEES ETC]
Members who may retire at 70 etc.
133. Members employed by magistrates' courts committees.
134. Certain employees of the committee of
magistrates for the inner London area. (SI2001/1481)
Employees of probation committees
136. Employees of probation committees.
(SI2001/1481)
136. Employees of National Probation Service local boards (SI2001/1481)
City of London and other contributory employees
137. Certain City of London employees and former contributors.
137A. Members of local authorities - general
Local government re-organisations
138. Transfers under the Local Government Act 1992 etc.
139. Local government reorganisation.
140. Former employees of Manchester Corporation.
141. Transferees under s.18(4)(a) of the National Health Service Reorganisation Act 1973.
Reduction of pensions of certain former teachers
142. Deduction for teachers' pension payments.
Conversion of Discretionary Payments Regulations
periods into membership
143. Conversion of periods credited under Discretionary
Payments Regulations etc. into membership. (SI2004/573)
Environment Agency Closed Fund
144. The Environment Agency Closed Fund
Former members of the Metropolitan Civil Staffs Superannuation Scheme
144A. Former Members Of the Metropolitan Civil Staffs Superannuation Scheme
Meat Hygiene Service
Rights under section 12 of the Superannuation Act 1972
145. Rights under section 12 of the Superannuation Act 1972.
PART VI
CHAPTER I - SHARING OF RIGHTS UNDER THE SCHEME
147. Discharge of liability for pension credit rights
149. Death of person entitled to a pension credit before discharge
152. Application of the Regulations to pension credit members
156. Commutation: small pensions
157. Commutation: serious ill-health
158. Appropriate fund and appropriate administering authority
Schedules-
Schedule 1A Interpretation for pension sharing on divorce and dissolution orders (SI2005/3069)
Schedule 2A Matters to be included in an Admission Agreement in certain cases
Schedule 3 Excluded membership.
Schedule 6 Certain City of London employees and former contributors.
Schedule 7 Former Members of the Metropolitan Civil Staffs Superannuation Scheme
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:-