Regulation 2 Modification in respect of certain annual benefit statements relating to eligible members

(1)

This regulation applies in respect of any person who is—

(a)

either—

(i)

an “eligible member” under regulation 4A(2)^f1 of the 2014 Regulations (statutory underpin: general); or

(ii)

a “pension credit member” under regulation 8(1) of the 2013 Regulations (pension credit and survivor members) whose pension derives from the pension of such an eligible member; and

(b)

not a person to whom paragraph (4)(a) applies.

(2)

Where this regulation applies, the provisions listed in paragraph (3) are not to be taken into account for the purposes of preparing an annual benefit statement under regulation 89 of the 2013 Regulations in respect of a Scheme year^f2 ending on or before 31st March 2024.

(3)

The provisions referred to in paragraph (2) are—

(a)

Chapter 3 of Part 1 of the Public Service Pensions and Judicial Offices Act 2022 (local government schemes);

(b)

all provisions of the Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023^f3 apart from regulation 2(3) (including any amendments made by regulations 2(1), (2), (4) to (6) or 3 of those Regulations to the 2014 Regulations^f4 or the 2013 Regulations respectively^f5).

(4)

An administering authority may determine^f6 that—

(a)

this regulation does not apply to a member or class of members, or

(b)

paragraph (2) applies to a member or class of members as if for “31st March 2024” there were substituted “31st March 2025”.

(5)

A determination under paragraph (4)(a)—

(a)

may be made at any point before 1st April 2025; and

(b)

has effect from 1st October 2023.

(6)

A determination under paragraph (4)(b)—

(a)

may be made at any point before 31st August 2025;

(b)

may only be made if the administering authority considers that it is reasonable in all the circumstances in the case of that particular member or class of members; and

(c)

must be notified to any member to which it applies in the annual benefit statement in respect of the Scheme year ending on 31st March 2025.

(7)

In this regulation, “administering authority” has the same meaning as in Schedule 1 to the 2013 Regulations.

Annotations

Footnotes

f1: Regulation 4A was inserted by S.I. 2023/972.
f2: For the definition of “Scheme year” see Schedule 1 to the 2013 Regulations.
f3: S.I. 2023/972.
f4: Regulation 2(2) amended regulation 1 of the 2014 Regulations by amending paragraph (6) and inserting new paragraphs (7) and (8). Regulation 2(4) amended the 2014 Regulations by inserting new regulations 4A to 4V. Regulation 2(5) amended regulation 9 of the 2014 regulations by amending paragraph (1), inserting new paragraphs (1ZA) and (1ZB), and omitting paragraph (1A). Regulation 2(6) amended regulation 24 of the 2014 regulations by omitting paragraph (4)(a).
f5: Regulation 3 amended the 2013 Regulations by inserting new regulations 28(2A), 30(12B), 34(2A) and (4), 43(3B), 47(8), 48(10B), 62(2A), 64(2ZAA), 81(A1), 96(1B) and (4), 98(8) and 99(2A) and by amending regulations 41(4)(a), 42(4)(a), (5)(a), (9)(a) and (10)(a), 43(2), 44(4) and 45(4), (5), (9) and (10) and Schedule 1.
f6: Section 3(3)(c) of the Public Service Pensions Act 2013 (c. 25), which enables these Regulations to allow any person to exercise a discretion, provides the power for these Regulations to allow an administering authority to make a determination.