The Local Government Pension Scheme Regulations 1997 (As Amended)

Working Copy in force 10 December 2014

 

ARRANGEMENT OF REGULATIONS

PART I[PRELIMINARY PROVISIONS]

1. Citation and commencement.

2. Interpretation.

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

7. Joining the Scheme.

8. Leaving the Scheme.

CHAPTER II [COUNTING MEMBERSHIP FOR THE SCHEME]

9. Periods of membership: "total membership".

10. Excluded membership.

11. Length of period of membership: calculation of benefit.

11A. High Earners (SI2006/966)

CHAPTER III [CONTRIBUTIONS]

12. Members' contributions.

13. Meaning of "pay".

14. Members with lower rate rights.

15. Employer's discretion to reduce member's contribution rate. (2006/966)

16. Inland Revenue limits on contributions. (2006/966)

17. Obligatory contributions during absences.

18. Optional contributions during absences.

CHAPTER IV [BENEFITS]

Preliminary

19. General qualification for benefits.

19A. Limit on total amount of benefits (2006/966)

20. Calculations.

20A. Pension debit member

20B. Replacement of rights

21. Final pay.

22. Other final pay periods.

23. Permanent reductions in pay: certificates of protection of pension benefits.

24. Revenue limits. (SI2007/1488)

Retirement benefits

25. Normal retirement.

25A. Retirement after the normal retirement date

26. Redundancy etc.

27. Ill-health.

28. Amounts of ill-health pension and grant.

29. Re-employed pensioners.

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.

32A.  Concurrent employments

33. Surrenders of pension. (SI2006/966)

34. No double entitlement.

35. Requirements as to time of payment.

36. Guaranteed minimum pensions etc.

37. Revaluation of guaranteed minimum.

Death grants

38. 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)

42B. Marriage of a same sex couple (SI2014/560) (SI2014/3061)

42C. Living together as a same sex couple (SI2014/560)

42D. Continuation of marriage where Scheme member acquires new legal gender (SI2014/3061)

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. (SI2006/966)

CHAPTER III [MEMBERS' OPTIONS TO INCREASE PENSIONS]

Purchase of added years

55. Payments to increase total membership.

56. Part-time employees.

57. Effect of increases under this Chapter for older members. (SI2006/966)

Conversion between lump sums and pensions

58. Election for pension in lieu of retirement grant. (SI2006/966)

59. Election for lump sum in lieu of pension. (SI2006/966)

CHAPTER IV [ADDITIONAL VOLUNTARY CONTRIBUTIONS]

Members only AVC schemes

60. Elections to pay AVCs.

61. Payment of AVCs.

62. Functions of employing and administering authorities.

63. Death benefits.

64. Retirement benefits.

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.

72. Termination.

PART IV [ADMINISTRATION]

CHAPTER I [PENSION FUNDS AND EMPLOYERS' PAYMENTS]

Pension funds

73. The pension funds.

73A. Governance policy statement (SI2005/3199)

74. Appropriate funds.

75. Admission agreement funds.

76. Accounts and audit.

76A. Funding strategy statement

76B. Pension fund annual report (SI2007/1561)

76C. Pension administration strategy (SI2007/1561)

77. Actuarial valuations and certificates.

78. Special circumstances where actuarial valuations and certificates must be obtained.

 Employers' liability to make payments

79. Employer's contributions.

80. Employer's further payments.

81. Payments by employing authorities to appropriate administering authorities.

81A. Additional costs incurred by employing authority's level of performance (SI2007/1561)

81B. Payments by administering authorities (SI2007/1561)

 Interest

82. 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. (SI2006/966)

86. Cost of calculations for transfer of AVCs or SCAVCs into the Scheme where no transfer is requested.

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.

93. Commencement of pensions.

94. Interest on late payment of certain benefits.

95. Payments due in respect of deceased persons.

96. Non-assignability.

96A. Treatment of other benefits (SI2006/966)

CHAPTER IV [DETERMINATIONS, INFORMATION AND RECORDS]

Initial determinations of questions

97. First instance decisions.

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

106B. Statements of policy concerning communications with members and employing authorities (including non-Scheme employers) (SI2005/3199)

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

125. Changes of fund.

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

130B. Greater London Authority Act 1999 - persons whose employment is transferred to the Secretary of State

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. (SI2007/228)

134. Certain employees of the committee of magistrates for the inner London area. (SI2001/1481)

135. Coroners.

 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

144B. Meat Hygiene Service

 Rights under section 12 of the Superannuation Act 1972

145. Rights under section 12 of the Superannuation Act 1972.

PART VI

PENSION SHARING

CHAPTER I - SHARING OF RIGHTS UNDER THE SCHEME

146. Interpretation

147. Discharge of liability for pension credit rights

148. Aggregation

149. Death of person entitled to a pension credit before discharge

150. Safeguarded rights

151. Valuation date

CHAPTER II - PENSION CREDIT MEMBERS AND PENSION CREDIT

152. Application of the Regulations to pension credit members

153. Calculation

154. Payment of benefits

155. Death Grants

156. Commutation: small pensions

157. Commutation: serious ill-health

158. Appropriate fund and appropriate administering authority 

CHAPTER III TRANSFERS

159. Transfers out

160. Transfers in

161. Change of funds

Schedules-

Schedule 1 Interpretation.

Schedule 1A Interpretation for pension sharing on divorce and dissolution orders (SI2005/3069)

Schedule 2 Scheme employers.

Schedule 2A Matters to be included in an Admission Agreement in certain cases

Schedule 3 Excluded membership.

Schedule 4 Revenue limits. (SI2006/966)

Schedule 5 Appropriate funds.

Schedule 5A Mis-sold pensions

Schedule 6 Certain City of London employees and former contributors.

Schedule 7 Former Members of the Metropolitan Civil Staffs Superannuation Scheme

Schedule 8 Councillor Members

 

 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:-