OpenLegislation

The Local Government Pension Scheme Regulations 2013

S.I. 2013/2356 · Made 12 September 2013 · Extends to England and Wales

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 5 October 2026.

See the changes not yet applied
ProvisionChangeMade by
reg. 30(13)insertedEnterprise Act 2016 Sch. 6 para. 5(1)(a)
reg. 68AinsertedEnterprise Act 2016 Sch. 6 para. 5(1)(b)
Sch. 3 Pt. 1 para. 1(ze)insertedSurrey (Structural Changes) (Pensions etc.) 2026 art. 8(5)
reg. 64(23)-(25)insertedSurrey (Structural Changes) (Pensions etc.) 2026 art. 8(3)
Sch. 3 Pt. 2 tablewords insertedSurrey (Structural Changes) (Pensions etc.) 2026 art. 8(6)

Public Service Pensions, England And Wales

Made 12th September 2013

Laid before Parliament 19th September 2013

Coming into force in accordance with regulation 1

C1These Regulations are made in exercise of the powers conferred by sections 7 and 12 of, and Schedule 3 to the Superannuation Act 1972 M1.

In accordance with section 7(5) of that Act, the Secretary of State consulted such associations of local authorities as appeared to the Secretary of State to be concerned; the local authorities with whom consultation appeared to the Secretary of State to be desirable; and such representatives of other persons likely to be affected by the Regulations as appeared to the Secretary of State to be appropriate.

The Secretary of State makes the following Regulations:C2C3C4C5C6

Annotations to the whole text

Marginal citations

M1

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

Modifications

C1

Regulations applied (with modifications) (1.4.2014) by The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (S.I. 2014/525), regs. 1(3), 12(2)(3)

C2

Regulations modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 12, 13 (with reg. 1(2)(3))

C3

Regulations applied (with modifications) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Local Government Pension Scheme (West Midlands Integrated Transport Authority Pension Fund and West Midlands Pension Fund Merger) Regulations 2019 (S.I. 2019/1351), regs. 1(2), 2(1)

C4

Regulations applied (with modifications) (3.6.2020 with effect from 1/4/2020) by The Local Government Pension Scheme (Northumberland and Tyne and Wear Pension Fund Merger) Regulations 2020 (S.I. 2020/502), regs. 1(2), 2

C5

Regulations applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 para. 56

C6

Regulations applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 55

Contents

  1. Part 1: Membership, contributions and benefits
  2. Chapter: Preliminary Provisions
  3. 1Citation, commencement and extent
  4. 2Introductory
  5. Chapter: Membership
  6. 3Active membership
  7. 3ACivil servants etc engaged in probation provision
  8. 4Restriction on eligibility for active membership
  9. 5Ending active membership
  10. 6Deferred and deferred pensioner members
  11. 7Pensioner members
  12. 8Pension credit and survivor members
  13. Chapter: Contributions
  14. 9Contributions
  15. 10Temporary reduction in contributions
  16. 11Contributions during absence from work
  17. 12Contributions during child-related leave
  18. 13Contributions during reserve forces service leave
  19. 14Contributions during absence for illness etc
  20. 15Employer contributions during absences
  21. 16Additional pension contributions
  22. 16AQualifying additional pension arrangements
  23. 17Additional voluntary contributions
  24. 18Rights to return of contributions
  25. 19Exclusion of rights to return of contributions
  26. 20Meaning of pensionable pay
  27. 21Assumed pensionable pay
  28. 21ALost pensionable pay
  29. Chapter: Pension accounts
  30. 22Pension accounts
  31. 23Active member's pension accounts
  32. 24Deferred member's pension account and deferred refund account
  33. 25Retirement pension accounts : active members
  34. 26Retirement pension accounts : deferred, deferred pensioner and pension credit members
  35. 27Flexible retirement pension accounts
  36. 28Deferred pensioner member accounts
  37. 29Pension credit accounts
  38. Chapter: Benefits
  39. 30Retirement benefits
  40. 31Award of additional pension
  41. 32Commencement of pensions
  42. 33Election for lump sum instead of pension
  43. 34Commutation and small pensions
  44. Chapter: Ill-health retirement
  45. 35Early payment of retirement pension on ill-health grounds: active members
  46. 36Role of the IRMP
  47. 37Special provision in respect of members receiving Tier 3 benefits
  48. 38Early payment of retirement pension on ill-health grounds: deferred and deferred pensioner members
  49. 39Calculation of ill-health pension amounts
  50. Chapter: Survivor benefits
  51. 40Death grants: active members
  52. 41Survivor benefits: partners of active members
  53. 42Survivor benefits: children of active members
  54. 43Death grants: deferred members, pension credit members and deferred pensioner members
  55. 44Survivor benefits: partners of deferred members and deferred pensioner members
  56. 45Survivor benefits: children of deferred members
  57. 46Death grants : pensioner members
  58. 47Survivor benefits : partners of pensioner members
  59. 48Survivor benefits: children of pensioner members
  60. Chapter: Adjustments of benefits
  61. 49No double entitlement
  62. 50Limit on total amount of benefits Repealed
  63. 51Guaranteed minimum pensions
  64. 52Pension debits
  65. Part 2: Administration
  66. Chapter: Administering authorities
  67. 53Scheme managers
  68. 53AAppointments that must be made by administering authorities
  69. 54Admission agreement funds
  70. 55Administering authorities: governance compliance statement Repealed
  71. 55AAdministering authorities: governance strategy, training strategy and conflicts of interest policy
  72. 55BAdministering authorities: knowledge and understanding requirement for relevant persons
  73. 56Accounts and audit
  74. Chapter: Strategies, statements and reports
  75. 57Pension fund annual report
  76. 58Funding strategy statement
  77. 59Pension administration strategy
  78. 60Statements of policy about exercise of discretionary functions
  79. 61Statements of policy concerning communications with members and Scheme employers
  80. Chapter: Actuarial valuations
  81. 62Actuarial valuations of pension funds
  82. 63Aggregate Scheme costs Repealed
  83. 64Special circumstances where revised actuarial valuations and certificates must be obtained
  84. 64ARevision of rates and adjustments certificate: Scheme employer contributions
  85. 64BRevision of actuarial certificates: exit payments
  86. 65Aggregate Scheme costs: revised certificates Repealed
  87. 66Supply of copies of valuations, certificates etc
  88. Chapter: Payments
  89. 67Employer's contributions
  90. 68Employer's further payments
  91. 69Payment by Scheme employers to administering authorities
  92. 70Additional costs arising from Scheme employer's level of performance
  93. 71Interest on late payments by Scheme employers
  94. Chapter: Decisions
  95. 72First instance decisions
  96. 73Notification of first instance decisions
  97. 74Applications for adjudication of disagreements
  98. 75Decisions of the adjudicator
  99. 76Reference of adjudications to administering authority
  100. 77Decisions of the administering authority on reconsideration
  101. 78Rights of representation
  102. 79Appeals by administering authorities
  103. 80Exchange of information
  104. 81Interest on late payment of certain benefits
  105. 82Payments due in respect of deceased persons
  106. 83Payments for persons incapable of managing their affairs
  107. 84Non-assignability
  108. 85Deduction and recovery of member's contributions
  109. 86Joint liability in respect of annual allowance charge
  110. 87Tax
  111. 88Pension increase under the Pensions Schemes Act 1993
  112. 89Annual benefit statements
  113. 90Information to be supplied by employees
  114. Chapter: Forfeiture
  115. 91Forfeiture of pension rights after conviction for employment-related offences
  116. 92Interim payments directions
  117. 93Recovery or retention where former member has misconduct obligation
  118. 94Adjustment of accounts following forfeiture etc
  119. 95Protection of guaranteed minimum pension rights
  120. Chapter: Transfers
  121. 96Rights to payment out of pension fund
  122. 97Contracting-out requirements affecting transfers out
  123. 98Bulk transfer (transfers of undertakings etc)
  124. 99Calculation of amount of transfer payment
  125. 100Inward transfers of pension rights
  126. 101Effect of acceptance of transfer value
  127. 102EU scheme transfers
  128. 103Changes of administering authority
  129. 104Change of administering authority in connection with probation service arrangements
  130. Part 3: Governance
  131. 105Delegation
  132. 106Local pension boards: establishment
  133. 107Local pension boards: membership
  134. 108Local pension boards: conflict of interest
  135. 109Local pension boards: guidance
  136. 110Scheme advisory board: establishment
  137. 111Scheme advisory board: membership
  138. 112Scheme advisory board: conflict of interest
  139. 113Scheme advisory board: funding
  140. 114Scheme actuary
  141. 115Employer cost cap
  142. 116Scheme advisory board: additional functions
  143. 116AIndependent Governance Reviews
  144. Part 4: Elected Members
  145. 117Elected Members
  146. Signature
  147. Schedule 1: Interpretation
  148. Paragraph
  149. Schedule 2: Scheme employers
  150. Part 1
  151. 1Paragraph 1
  152. 2Paragraph 2
  153. 3Paragraph 3
  154. 4Paragraph 4
  155. 5Paragraph 5
  156. 6Paragraph 6
  157. 7Paragraph 7
  158. 8Paragraph 8
  159. 9Paragraph 9
  160. 10Paragraph 10
  161. 11Paragraph 11
  162. 12Paragraph 12
  163. 13Paragraph 13
  164. 14Paragraph 14
  165. 15Paragraph 15
  166. 16Paragraph 16
  167. 17Paragraph 17
  168. 18Paragraph 18
  169. 19Paragraph 19
  170. 20Paragraph 20
  171. 21Paragraph 21
  172. 22Paragraph 22
  173. 23Paragraph 23
  174. 24Paragraph 24
  175. 25Paragraph 25
  176. 26Paragraph 26
  177. 27Paragraph 27
  178. 28Paragraph 28
  179. 29Paragraph 29
  180. 30Paragraph 30
  181. Part 2
  182. 1Paragraph 1
  183. 2Paragraph 2
  184. 3Paragraph 3
  185. 4Paragraph 4
  186. 5Paragraph 5
  187. 6Paragraph 6
  188. 7Paragraph 7
  189. 8Paragraph 8
  190. 9Paragraph 9
  191. 10Paragraph 10
  192. 11Paragraph 11
  193. 12Paragraph 12
  194. 13Paragraph 13
  195. 13AParagraph 13A
  196. 14Paragraph 14
  197. 15Paragraph 15
  198. Part 3
  199. 1Paragraph 1
  200. 2Paragraph 2
  201. 3Paragraph 3
  202. 4Paragraph 4
  203. 5Paragraph 5
  204. 6Paragraph 6
  205. 7Paragraph 7
  206. 8Paragraph 8
  207. 9Paragraph 9
  208. 10Paragraph 10
  209. 11Paragraph 11 Repealed
  210. 12Paragraph 12
  211. 13Paragraph 13
  212. 14Paragraph 14
  213. 4Part 4
  214. Schedule 3: Pension funds
  215. Part 1
  216. 1Paragraph 1
  217. Part 2
  218. 1Paragraph 1
  219. 2Paragraph 2
  220. 3Paragraph 3
  221. 4Paragraph 4
  222. Schedule 4: Elected Members
  223. 1Paragraph 1
  224. 2Paragraph 2
  225. 3Paragraph 3
  226. 4Paragraph 4
  227. 5Paragraph 5
  228. 6Paragraph 6
  229. 7Paragraph 7
  230. 8Paragraph 8
  231. 9Paragraph 9
  232. 10Paragraph 10
  233. 11Paragraph 11
  234. 12Paragraph 12
  235. 13Paragraph 13
  236. 14Paragraph 14
  237. 15Paragraph 15
  238. 16Paragraph 16
  239. Explanatory note