Regulation 42 Payment by employing authorities to appropriate administering authoritiesI1

England, Wales and Scotland Not yet in force

(1)

Every employing authority must pay to the appropriate administering authority on or before such dates falling at intervals of not more than 12 months as the appropriate administering authority may determine—

(a)

all amounts from time to time deducted from the pay of its employees under these Regulations;

(b)

any amount it has received by deduction or otherwise under regulation 18(5), 20, 21 or 25 during the interval;

(c)

any extra charge payable under regulation 40 or 41 of which it has been notified by the administering authority during the interval; and

(d)

a contribution towards the cost of the administration of the fund, which shall include any amount specified in a notice given in accordance with regulation 43.

(2)

But—

(a)

an employing authority must pay the amounts mentioned in paragraph (1)(a) not later than the time required under section 49(8) of the Pensions Act 1995^f1; and

(b)

paragraph (1)(d) does not apply where the cost of the administration of the fund is paid out of the fund under regulation 5(6) of the Local Government Pensions Scheme (Management and Investment of Funds) Regulations 1998^f2.

(3)

Every payment under paragraph (1)(a) must be accompanied by a statement showing—

(a)

the name, pay and band (as set out in column 1 of the table in regulation 3(2) of the Benefits Regulations) of each of the employing authority’s employees who is an active member;

(b)

which employees are paying contributions under regulation 23(1) (payment of additional regular contributions) or 25(1) (additional voluntary contributions and shared cost additional voluntary contributions); and

(c)

the amounts which represent deductions in each of the pay bands from the pay of each of the employees and the periods covered by the deductions, distinguishing amounts representing deductions for any voluntary contributions.

(4)

An appropriate administering authority may direct that the information mentioned in paragraph (3) shall be given to the authority in such form and at such intervals (not exceeding 12 months) as it specifies in the direction.

(5)

If an amount payable under paragraph (1)(d) cannot be settled by agreement, it must be determined by the Secretary of State.

(6)

Paragraphs (1) and (3) do not apply to an employing authority which is an appropriate administering authority.

(7)

An administering authority must pay to the fund of which it is the administering authority its fair share of any contribution towards the cost of the administration of the fund in circumstances where it has required a contribution towards such cost from employing authorities as referred to in paragraph (1)(d).

(8)

An administering authority must also pay any additional costs due to the fund which are incurred because of its level of performance in carrying out its functions under these Regulations.

Regulation 42 Payment by employing authorities to appropriate administering authoritiesI1

Annotations

Commencement

Footnotes