{
  "url": "https://openlegislation.uk/local-government-pension-scheme-amendment-no-2-regulations-2004/note",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-amendment-no-2-regulations-2004/note.json",
  "legislation": "uksi/2004/3372",
  "legislation_title": "The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-amendment-no-2-regulations-2004",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Local Government Pension Scheme Regulations 1997 (the “principal Regulations”) to have effect from 1st April 2005. The main changes are as follows—\nto raise the normal retirement date for members who joined the scheme prior to 1st April 1998, to their 65th birthday (regulation 25 of the principal Regulations, as amended by regulation 3);\nto raise the age at which a member will be entitled to the immediate payment of retirement benefits following redundancy from 50 to 55 (regulation 26 of the principal Regulations, as amended by regulation 4);\nto raise the age at which a member can elect to receive early payment of their retirement benefits from 50 to 55 and to provide that where an early leaver retires and elects to receive benefits prior to their 65th birthday, those benefits are reduced by the amounts shown as appropriate in guidance issued by the Government Actuary (regulation 31 of the principal Regulations, as amended by regulation 5); and\nto provide that an administering authority may require an employing authority to make additional payments to the appropriate fund where there is an extra charge on the fund resulting from a pension and retirement grant becoming payable to a member under regulation 26, 31(1) or 31(6) of the principal Regulations (regulation 80 of the principal Regulations, as amended by regulation 9).\nThe effect of these changes is to remove the “85-year rule” from the Scheme. This allowed benefits to be paid before age 65 without being reduced to reflect the fact that they were being paid early, provided that the member’s age and period of Scheme membership totalled 85 years or more.\nThe Schedule to these Regulations provides for transitional arrangements for members who were members of the Scheme before 1st April 2005. These provide that:\nthe minimum age that benefits may be paid will continue to be aged 50 for members who are 50 or more on 31st March 2005;\nbenefits accrued prior to 1st April 2013 will not be reduced for members who will be aged 60 or more on 31st March 2013 and who satisfy the 85 year rule and elect to receive their benefits under regulation 31(1); and\nbenefits accrued prior to 1st April 2005 will not be reduced for other members who meet the 85 year rule and elect to receive their benefits under regulation 31(1).\nFurther information and examples of how these Regulations may affect certain members can be found on the website of the Office of the Deputy Prime Minister, which is available at http://www.xoq83.dial.pipex.com.\nRegulation 17 allows certain deferred and pensioner members and certain persons who may be in receipt of survivor benefits, 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.\nA full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies. The effect of the Regulations is to mitigate the increased financial cost arising because of average increases to the life expectancy of scheme members, and they are therefore expected to be cost neutral on public bodies participating in the Local Government Pension Scheme.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/3372/note",
    "retrieved_at": "2026-10-29T05:12:40.781569+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}