The Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026

These Regulations may be cited as the Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026 and come into force on 11th May 2026.

These Regulations extend to England and Wales.

after the definition of “Club Transfer”^f1 insert—

• ““Combined Authority establishment order” means an order made under section 103 of the Local Democracy, Economic Development and Construction Act 2009^f2 which establishes, and makes provision about the constitution of, a Combined Authority;

• “Combined County Authority establishment regulations” means regulations made under section 9 of the Levelling-up and Regeneration Act 2023^f3 which establish, and make provision about the constitution of, a Combined County Authority;”;

after the definition of “earned pension” insert—

• ““elected member” means a person who is eligible to be a member of the Scheme by reason of being—

  1. (a)

     an eligible councillor;

  2. (b)

     an eligible mayor;

• “elected membership” means membership of the Scheme held in respect of employment as—

  1. (a)

     an eligible councillor, or

  2. (b)

     an eligible mayor,

  but excluding service accrued as a result of any other local government employment;”;

after the definition of “eligible child” insert—

• ““eligible councillor” means a person who is a member of—

  1. (a)

     a local authority in England who is entitled to be a member of the Scheme under a scheme made in accordance with the Local Authorities (Members’ Allowances) (England) Regulations 2003^f4;

  2. (b)

     a Combined Authority in England who is entitled to be a member of the Scheme under a Combined Authority establishment order;

  3. (c)

     a Combined County Authority in England who is entitled to be a member of the Scheme under Combined County Authority establishment regulations;

  4. (d)

     the London Assembly who is entitled to be a member of the Scheme following a determination made under section 26 of the Greater London Authority Act 1999^f5;

  5. (e)

     the Court of Common Council of the City of London who the Common Council of the City of London has determined should be entitled to be a member of the Scheme;

  6. (f)

     a committee or sub-committee of a Combined Authority in England who is entitled to be a member of the Scheme under a Combined Authority establishment order;

  7. (g)

     a committee or sub-committee of a Combined County Authority in England who is entitled to be a member of the Scheme under Combined County Authority establishment regulations;

  8. (h)

     a Fire and Rescue Authority within the meaning of section 1 of the Fire and Rescue Services Act 2004^f6 who is entitled to be a member of the Scheme under a scheme made in accordance with the Local Authorities (Members’ Allowances) (England) Regulations 2003;

• “eligible mayor” means—

  1. (a)

     a mayor or deputy mayor of

     1. (i)

        a Combined Authority in England who is entitled to be a member of the Scheme under a Combined Authority establishment order;

     2. (ii)

        a Combined County Authority in England who is entitled to be a member of the Scheme under Combined County Authority establishment regulations;

  2. (b)

     the Mayor of London who is entitled to be a member of the Scheme by virtue of these Regulations, and in respect of whom the Greater London Authority has made a determination under section 26 of the Greater London Authority Act 1999;

  3. (c)

     a mayor elected to a local authority in England under section 9H (elected mayors etc) of the Local Government Act 2000^f7 who is entitled to be a member of the Scheme under a scheme made in accordance with the Local Authorities (Members’ Allowances) (England) Regulations 2003;”.

after paragraph (2) insert—

“(2A)

Where a transfer payment to which paragraph (1) applies is received into the 2014 Scheme in respect of an elected member, such payment is to entitle the person to benefits under the 2014 Scheme.

(2B)

Notwithstanding paragraphs (1ZA) and (1ZB), where a transfer payment, to which paragraphs (1ZA) and (1ZB) apply is received into the 2014 Scheme in respect of an elected member, such payment is not to be treated as—

(a)

a payment in respect of a remediable service for an elected member, or

(b)

a pension to which regulations 4A to 4V apply.”;

after paragraph (4) insert—

“(5)

In this regulation, “elected member” has the same meaning as in Schedule 1 to the Local Government Pension Scheme Regulations 2013.”.

The Local Authorities (Members’ Allowances) (England) Regulations 2003^f1 are amended as follows.

For regulation 11 (pensions) substitute—

“Pensions

11

A scheme made by an authority to which regulation 3(1)(a), (b), (c) or (e) applies which provides that a member is entitled to a basic allowance or a special responsibility allowance must provide that—

(a)

the member is entitled to a pension in accordance with a scheme made under section 1 of the Public Service Pensions Act 2013; and

(b)

the basic allowance or special responsibility allowance (or both, as the case may be) is to be treated as an amount in respect of which such a pension is payable in accordance with a scheme made under section 1 of the 2013 Act.”.

In regulation 15(3) (records of allowances)—

In regulation 21 (recommendations of panels), in paragraph (1) omit sub-paragraphs (f) and (g).

in the heading, after “remuneration” insert “and pensions”;

in sub-paragraph (1) for “and (3)” substitute “to (5)”;

after sub-paragraph (3) insert—

“(4)

Sub-paragraph (5) applies in relation to pensions.

(5)

Where the GMCA pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme made under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable in accordance with that scheme; and

(c)

the GMCA must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

(6)

In sub-paragraph (5), “a relevant allowance” means an allowance payable under sub-paragraph (2) to any person referred to in that sub-paragraph, which is not an allowance for travel and subsistence.”.

in paragraph 7 (remuneration), for “, 7B and 7C” substitute “to 7D”;

for paragraph 7A substitute—

“7A

Paragraphs 7B to 7D apply in relation to—

(a)

allowances payable other than allowances for travel and subsistence;

(b)

pensions.”;

after paragraph 7C insert—

“7D

Where the Combined Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme made under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

7E

In paragraph 7D, a “relevant allowance” means an allowance payable under paragraph 7B to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”.

in paragraph 7 (remuneration), after “9A” insert “, 9B”;

after paragraph 9A insert—

“9B

Where the Combined Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

9C

In paragraph 9B, a “relevant allowance” means an allowance payable under paragraphs 9 or 9A to any person referred to in those paragraphs, which is not an allowance for travel and subsistence.”.

in the heading, after “remuneration” insert “and pensions”;

in sub-paragraph (1), for “sub-paragraph (3)” substitute “sub-paragraphs (3) and (4)”;

after sub-paragraph (3) insert—

“(4)

Where the Combined Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

(5)

In sub-paragraph (4), a “relevant allowance” means an allowance payable under sub-paragraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”.

in the heading, after “remuneration” insert “and pensions”;

in sub-paragraph (1), for “and (3)” substitute “(3) and (4)”;

after sub-paragraph (3) insert—

“(4)

Where the Combined Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme, and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

(5)

In sub-paragraph (4), “relevant allowance” means an allowance payable under sub-paragraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”.

in the heading, after “remuneration” insert “and pensions”;

in sub-paragraph (1), for “and (3)” substitute “to (4)”;

after sub-paragraph (3) insert—

“(4)

Where the Combined Authority pays a relevant allowance to a person —

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

(5)

In sub-paragraph (4), “relevant allowance” means an allowance payable under sub-paragraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”.

in the heading, after “remuneration” insert “and pensions”;

in sub-paragraph (1), for “and (3)” substitute “to (4)”;

after sub-paragraph (3) insert—

“(4)

Where the Combined Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

(5)

In sub-paragraph (4), “relevant allowance” means an allowance, payable under sub-paragraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”.

in the heading, after “remuneration” insert “and pensions”;

in sub-paragraph (1), for “and (3)” substitute “to (4)”;

after sub-paragraph (3) insert—

“(4)

Where the Combined Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

(5)

In sub-paragraph (4), “relevant allowance” means an allowance payable under sub-paragraph (2) to any person referred to in that sub-paragraph, which is not an allowance for travel and subsistence.”.

The York and North Yorkshire Combined Authority Order 2023^f1 is amended as follows.

In Schedule 1—

In Schedule 6 omit paragraph 28.

in paragraph 6 (remuneration), after “8” insert, “8A”;

after paragraph 8 insert—

“8A

Where the Combined County Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

8B

In paragraph 8A, “relevant allowance” means an allowance payable under paragraph 7 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”.

in the heading, after “remuneration” insert “and pensions”;

in sub-paragraph (1), for “and (4)” substitute “to (5)”;

after sub-paragraph (4) insert—

“(5)

Where the Combined Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

(6)

In paragraph (5), “relevant allowance” means an allowance, payable under sub-paragraphs (2) to (4) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”.

in paragraph 6 (remuneration), for “7 and 8” substitute “7 to 8A”;

after paragraph 8 insert—

“8A

Where the Combined Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013,

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

8B

In paragraph 8A, “relevant allowance” means an allowance payable under paragraph 7 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”.

in paragraph 5 (remuneration), after “7” insert “, 7A”;

after paragraph 7 insert—

“7A

Where the Combined County Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013,

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and

(c)

the Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

7B

In paragraph 7A, “relevant allowance” means an allowance payable under paragraph 6 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”.

in paragraph 9 (remuneration), for “and 11” substitute “to 12”;

after paragraph 11 insert—

“12

Where the Combined County Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013,

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable in accordance with that scheme; and

(c)

the Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

13

In paragraph 12, “relevant allowance” means an allowance payable under paragraph 10 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”.

in paragraph 5 (remuneration) for “6 and 7” substitute “6 to 7A”;

after paragraph 7 insert—

“7A

Where the Combined County Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable in accordance with that scheme; and

(c)

the Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

7B

In paragraph 7A, “relevant allowance” means an allowance payable under paragraph 6 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”.

in the heading, after “remuneration” insert “and pensions”;

in sub-paragraph (1), for “(2) and (3)” substitute “(2) to (3A)”;

after sub-paragraph (3) insert—

“(3A)

Where the Combined Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

the allowance is to be treated as an amount in respect of which such a pension is payable in accordance with that scheme; and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

(3B)

In paragraph (3A), “relevant allowance” means an allowance payable under sub-paragraph (2) to any person referred to in that sub-paragraph, which is not an allowance for travel and subsistence.”.

in the heading, after “remuneration” insert “and pensions”;

in sub-paragraph (1), for “(2) and (3)” substitute “(2) to (3A)”;

after sub-paragraph (3) insert—

“(3A)

Where the Combined Authority pays a relevant allowance to a person—

(a)

that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013;

(b)

that allowance is to be treated as an amount in respect of which such a pension is payable in accordance with that scheme; and

(c)

the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.

(3B)

In paragraph (3A), “relevant allowance” means an allowance payable under sub-paragraph (2) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”.