# The Local Government Pension Scheme (Amendment) Regulations 1997, Note: Explanatory note


(This note is not part of the Regulations)
These regulations make various amendments to the Local Government Pension Scheme Regulations 1995 (“the principal Regulations”) which constitute the Local Government Pension Scheme (“the Scheme”).
Unless otherwise stated, the regulations take effect on the date that these Regulations come into force.
Regulations 2 and 3 amend regulations D11 and D17 of the principal Regulations respectively and change the rules relating to ill-health and incapacity retirements.
Regulation 4 clarifies a cross reference in regulation E7 of the principal Regulations and has effect from 2nd May 1995, the date that the principal Regulations came into force.
Regulation 5 substitutes a new regulation E8 in the principal Regulations which deals with the procedure for the payment of death benefits and gives discretion to the appropriate administering authority.
Regulation 6 amends regulation G3 of the principal Regulations to provide that children’s long term pensions are comparable where no spouse’s long term pension is payable irrespective of who is caring for the children.
Regulation 7 amends regulation H1 of the principal Regulations to provide for the payment of interest on the late refund of contributions.
Regulation 8 amends the forfeiture provisions in regulation H4 of the principal Regulations to include a requirement for the employing body to take reasonable steps to recover financial loss.
Regulation 9 amends regulation J1 of the principal Regulations to require the employing body to refer certain questions in connection with ill-health and incapacity retirements to an independent medical examiner.
Regulation 10 amends the definition of grant-maintained schools in Part II of Schedule B1 to the principal Regulations and has effect from 1st October 1996.
Regulation 11 amends Schedule C1 to the principal Regulations with effect from 1st April 1997 to specify to which pension fund Leicester City Council and Rutland District Council and their employees contribute.
Regulation 12 amends Schedule C5 to the principal Regulations with effect from 2nd May 1995 to allow the period of membership used to calculate benefits to exceed 40 years but be subject to the Inland Revenue maximum for approval where a member has transferred-in service which allows him to accrue more than 40 years' total period of membership before his normal retirement date.
Regulation 13 amends Schedule D1, paragraph 9(b) to clarify that provision.
Regulation 14 amends Schedule D3, paragraph 4(4)(b) to the principal Regulations with effect from 2nd May 1995 to allow for automatic additional membership in cases of part-timers and ill-health where 13 2/3 whole time years of service have been completed.
Regulation 15 amends paragraph 9 of Schedule M2 to the principal Regulations to allow members who transferred from the Principal Civil Service Pension Scheme when their employment transferred to the Environment Agency to include service before the transfer in the relevant period for the purposes of calculating pensionable remuneration and has effect from 1st April 1996.
Regulation 16 allows members who worked more than 15 hours a week in August 1993 but had been excluded from membership as part-timers prior to that date to elect (within the specified time limits) for the period of part-time membership from 1st January 1993 to 17th August 1993 to be treated as a period of membership on payment of the necessary contributions.
Regulation 17 provides for a right to opt out of the amendments if a person is placed in a worse position as a result of the retrospective application of any of these Regulations than he would be in if the amendments had not been made and the benefits in question are paid or payable in respect of a person who had left employment before the date these Regulations come into force or died before that date.

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Source: https://www.legislation.gov.uk/uksi/1997/578/note (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-amendment-regulations-1997/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.