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The Local Government Pension Scheme (Amendment) Regulations 2001

S.I. 2001/1481 · Made 17 April 2001

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PENSIONS, ENGLAND AND WALES

Made 17th April 2001

Laid before Parliament 17th April 2001

Coming into force

Except regulation 17(f) 1st May 2001

Regulation 17(f) 1st September 2001

The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 1972f1 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:—

Annotations to the whole text

Footnotes

f1

1972 c. 11; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).

Contents

  1. 1Citation and commencement
  2. 2Amendment of Regulations
  3. 3General eligibility for membership: employees of Scheme employers etc.
  4. 4Periods of membership
  5. 5Obligatory contributions during absence
  6. 6Optional contributions during absences
  7. 7Final pay
  8. 8Power of employing authority to increase total membership of new members
  9. 9Employer’s contributions
  10. 10First instance decisions
  11. 11Eligibility for active membership: employees etc. of non-Scheme employers
  12. 12Further cases of eligibility: non-employees
  13. 13Members employed by magistrates' courts committees
  14. 14Certain employees of the committee of magistrates for the inner London area
  15. 15Employees of National Probation Service local boards
  16. 16Schedule 1: Interpretation
  17. 17Scheme employers
  18. 18Schedule 5: Appropriate funds
  19. Signature
  20. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2001.

(2)

Subject to paragraph (3), these Regulations shall come into force on 1st May 2001 but—

(a)

regulations 5, 6, 7, 9, 16(d) and 17(b) shall have effect from 1st April 1998;

(b)

regulations 4 and 16(e) shall have effect from 15th December 1999;

(c)

regulation 8 shall have effect from 13th January 2000;

(d)

regulation 17(d) shall have effect from 17th July 2000;

(e)

regulations 3(a), 17(a) and 18(a)(ii) and (iii) shall have effect from 1st December 2000;

(f)

regulations 3(b), 11 to 15, 16(a), (b), (c), (f), (g), 17(c) and (e) and 18 (except sub-paragraphs (ii) and (iii) of paragraph (a)) shall have effect from 1st April 2001.

(3)

Regulation 17(f) shall come into force on 1st September 2001.

2Amendment of Regulations

The Local Government Pension Scheme Regulations 1997f1 shall be amended in accordance with regulations 3 to 18 of these Regulations.

3General eligibility for membership: employees of Scheme employers etc.

In regulation 4(6)f1—

(a)

after sub-paragraph (m), add—

“(n)

the Greater London Magistrates' Courts Authority”f2; and

(b)

after sub-paragraph (n), add—

“(o)

the Children and Family Court Advisory and Support Service”f3.

4Periods of membership

In regulation 9, after paragraph (6), add—

“(7)

Periods of membership before and after any unpaid period of maternity absence or period of parental leave in respect of which the member does not pay any contributions shall be treated as continuous.”.

5Obligatory contributions during absence

In regulation 17, after paragraph (3), insert—

“(3A)

If a person who is a member or has applied to be a member—

(a)

goes on ordinary maternity leave, and

(b)

is not entitled to receive pay (including statutory maternity pay payable to her under the Social Security Contributions and Benefits Act 1992f1) for all or any part of that period of leave,

for these Regulations she shall be treated as if she had paid contributions under paragraph (2) for the unpaid period of that ordinary maternity leave and on the pay that she would have received during that period but for her absence.”.

6Optional contributions during absences

In regulation 18(2)(a), for “goes on maternity leave” substitute “is on maternity leave, other than ordinary maternity leave,”.

7Final pay

In regulation 21, after paragraph (6), insert—

“(6A)

For the purposes of this Chapter, a member’s pay for any period of maternity absence during the final pay period in respect of which she pays or is treated as paying contributions is the pay she would have received had she not been absent.”.

8Power of employing authority to increase total membership of new members

In regulation 53, after paragraph (7) add—

“(8)

But paragraph (7) shall not apply in the case of a member who leaves an employment with an admission body.”.

9Employer’s contributions

In regulation 79, after paragraph (5) add—

“(6)

Where an employee—

(a)

is treated, under regulation 17(3A), as if she had paid contributions, or

(b)

has paid contributions during a period of maternity absence,

the pay on which the common percentage is calculated is the pay the employee would have received if she had not been absent.”.

10First instance decisions

In regulation 97, in the paragraph added after paragraph (13) by the Local Government Pension Scheme (Pension Sharing on Divorce) Regulations 2000f1, for “(14)” substitute “(13A)”.

11Eligibility for active membership: employees etc. of non-Scheme employers

In regulation 127(6) at the end add “or, since 1st April 2001, by the Greater London Magistrates' Courts Authority”.

12Further cases of eligibility: non-employees

In regulation 131(2)(d), for “(outside the inner London area)” substitute “other than a justices' clerk for the Greater London Magistrates' Courts Authority who is not within a class of employees specified by that Authority in a relevant resolution (within the meaning of regulation 4(5)”.

13Members employed by magistrates' courts committees

In regulation 133, for paragraphs (1) and (2) substitute—

“(1)

These Regulations apply with the modifications specified in paragraphs (3) to (11) to a justices' clerk—

(a)

employed by a magistrates' courts committee, other than the Greater London Magistrates' Courts Authority, or

(b)

employed by the Greater London Magistrates' Courts Authority and within a class of employees specified by that Authority in a relevant resolution (within the meaning of regulation 4(5)).

(2)

These Regulations apply with the modifications specified in paragraphs (5) to (11) to any other person as described in sub-paragraph (a) or (b) of paragraph (1).”.

14Certain employees of the committee of magistrates for the inner London area

Regulation 134 is revoked.

15Employees of National Probation Service local boards

For regulation 136, substitute—

“Employees of National Probation Service local boards

136
(1)

These Regulations apply to a person employed by a National Probation Service local board with the following modifications.

(2)

In the application of regulation 11 (length of period of membership) to part-time service as a probation officer, instead of the fraction mentioned in paragraph (4) of that regulation, the appropriate fraction for each year of part-time service is the fraction—

(a)

of which the numerator is the pay received by him in the year, and

(b)

the denominator is the mean of the annual salary scale applicable to probation officers in respect of that year.

(3)

For any year of part-time service before 1st April 1965, paragraph (2) applies as if the mean of the annual salary scale applicable to probation officers in respect of that year was £620 for male officers and £555 for female officers.

(4)

Separate calculations must be made for each year of part-time service (and the calculations must be adjusted appropriately for periods of part-time service of less than a year).

(5)

In the application of regulation 28(5) (enhanced membership periods in cases of ill-health) the appropriate fraction is the fraction specified in paragraph (2).”.

16Schedule 1: Interpretation

In Schedule 1 (interpretation)—

(a)

in the definition of “City of London employing body”, delete paragraphs (b) and (c);

(b)

for the definitions of “Justices' clerk (inner London area)” and “Justices' clerk (outside the inner London area)”, substitute—

““Justices' clerk” means a person who, under sections 40 or 42 of the Justices of the Peace Act 1997f1 has been or is deemed to have been appointed by a magistrates' courts committee to be a justices' clerk and includes any person who was so appointed as both a justices' clerk and a justices' chief executive;”;

(c)

after the definition of “Money purchase benefits”, insert—

  • ““National Probation Service local board” means a board established under section 4 of the Criminal Justice and Court Services Act 2000f2;”;

(d)

after the definition “Official pension”, insert—

  • ““Ordinary maternity leave” means, for any period prior to 22nd August 1996, leave under section 33 of the Employment Protection Consolidation Act 1978f3 and for any period commencing on or after 22nd August 1996, leave under section 71 of the Employment Rights Act 1996f4;”;

(e)

after the definition “Ordinary maternity leave”, insert—

  • ““Parental leave” means leave under regulation 13(1) of the Maternity and Parental Leave etc. Regulations 1999f5;”;

(f)

delete the definition of “Probation committee”;

(g)

for the definition of “Probation officer” substitute

  • ““Probation officer” means a member of staff of a National Probation Service local board appointed to exercise the functions of an officer of the board but not any individual exercising the functions of an officer of a local board by virtue of section 5(2) of the Criminal Justice and Court Services Act 2000”.

17Scheme employers

In Schedule 2—

(a)

after “A magistrates' courts committee” add “other than the Greater London Magistrates' Courts Authority”;

(b)

for “a police authority within the meaning of the Police Act 1964” substitute “A police authority within the meaning of the Police Act 1996f1”;

(c)

for “A probation committee” substitute “A National Probation Service local board”;

(d)

after “An Education Action Forum within the meaning of section 11 of the School Standards and Framework Act 1998f2”, add “The National College for School Leadership”f3;

(e)

after “The National College for School Leadership”, add “The Standards Board for England”f4; and

(f)

after “The Standards Board for England”, add “a city academy within the meaning of the Education Act 1996f5”.

18Schedule 5: Appropriate funds

In Schedule 5—

(a)

in paragraph 1 of the Notes to the Table in Part I—

(i)

in sub-paragraph (4)(b), for paragraph (i) substitute—

“(i)

the National Probation Service local board for the area comprising the Metropolitan Police District and the City of London Police Area”;

(ii)

in sub-paragraph (5)(e)f1, delete “or”; and

(iii)

after sub-paragraph (5)(f), add—

  • “, or

    1. (g)

      the Greater London Magistrates' Courts Authority”; and

(b)

in the Table in Part II, add at the end—

“

6

Employee of the Children and Family Court Advisory and Support Service

Fund maintained by West Yorkshire County Council
7

Employee of the Standards Board for England

Fund maintained by Tameside District Council
8

Employee of the National Probation Service local board for the Thames Valley Area

Fund maintained by Windsor and Maidenhead Council
9

Employee of the National Probation Service local board for the South Wales area

Fund maintained by Swansea County Council
10

Employee of the National Probation Service local board for the Dyfed Powys area

Fund maintained by Carmarthenshire Council

”

Signature

Signed by authority of the Secretary of State

Beverley Hughes

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

17th April 2001

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Local Government Pension Scheme Regulations 1997 (“the principal Regulations”) which comprise the Local Government Pension Scheme (“the Scheme”). Some of the regulations take effect on various dates before the Regulations come into force (as set out in regulation 1((2)). Section 12 of the Superannuation Act 1972 provides that regulations made under section 7 of that Act may have retrospective effect.

Certain regulations add new bodies as resolution bodies or Scheme employers. The new resolution bodies, added by regulation 3, are the Greater London Magistrates' Courts Authority and the Children and Family Court Advisory and Support Service. The new Scheme employers, added by regulation 17, are the National College for School Leadership, the Standards Board for England and city academies.

Regulation 4 amends regulation 9 of the principal Regulations (periods of membership) to ensure that periods of membership before and after unpaid periods of maternity absence or parental leave are treated as continuous.

Regulations 5, 6, 7 and 9 make amendments to regulations 17, 18, 21 and 79 respectively of the principal Regulations to ensure that periods of unpaid statutory ordinary maternity leave are treated as periods of membership.

Regulation 8 amends regulation 53 of the principal Regulations (power of employing authority to increase total membership of new members) to provide that a member who leaves employment with an admission body is entitled to count the additional period of membership even where he does not immediately become entitled to a pension on leaving the employment.

Regulation 10 corrects a numbering error in an earlier amendment to the principal Regulations.

Regulations 11 to 14 make amendments consequential upon the reorganisation of the magistrates' courts committees and the creation of the Greater London Magistrates' Courts Authority effected by the Access to Justice Act 1999.

Regulation 15 is in connection with employees of National Probation Service local boards. It substitutes a new regulation for regulation 136 of the principal Regulations to reflect changes in the structure of the probation service effected by the Criminal Justice and Court Services Act 2000.

Regulation 16 amends Schedule 1 to the principal Regulations (interpretation) and makes amendments consequential on the changes referred to above.

Regulation 17 makes some consequential amendments to Schedule 2 to the principal Regulations (Scheme employers) and adds the names of the new Scheme employers referred to above.

Regulation 18 amends Schedule 5 to the principal Regulations (Appropriate funds) which sets out which fund is the appropriate fund for various bodies participating in the Scheme.