# The Local Government Pension Scheme (Miscellaneous Provisions) Regulations 1999, Regulation 16: Eligibility for active membership: employees etc. of non-Scheme employers


(1) In regulation 127(1)–
(a) for sub-paragraph (a) substitute–
“(a) the governing body of a voluntary school”; and
(b) insert after sub-paragraph (a) as a new sub-paragraph–
“(aa) the governing body of a grant-maintained or grant-maintained special school or, from 1st September 1999, of a foundation or foundation special school (within the meaning of the School Standards and Framework Act 1998) maintained by a local education authority; or”;
(2) In regulation 127, after paragraph (1), insert as a new paragraph–
“(1A) During the period beginning on 1st April 1999 and ending immediately before 1st September 1999 a grant-maintained or grant-maintained special school shall, for the purpose of this regulation, be treated as a school maintained by a local education authority.”;
(3) In regulation 127(2), delete “governors or”; and
(4) In regulation 127, after paragraph (2), insert as new paragraphs–
“(2A) A person may be an active member if he is an employee of the governing body of a school which prior to 1st April 1999 passed a resolution under regulation 4(5) and he is either–
(a) an employee specified in such resolution, or
(b) within the class of employees specified in that resolution.
(2B) A person may be an active member if he is an employee of the governing body of a school which prior to 1st April 1999 was a Scheme employer.”.

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Source: https://www.legislation.gov.uk/uksi/1999/1212/regulation/16 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-miscellaneous-provisions-regulations-1999/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.