{
  "url": "https://openlegislation.uk/local-government-superannuation-amendment-regulations-1989/note",
  "json_url": "https://openlegislation.uk/local-government-superannuation-amendment-regulations-1989/note.json",
  "legislation": "uksi/1989/371",
  "legislation_title": "The Local Government Superannuation (Amendment) Regulations 1989",
  "legislation_url": "https://openlegislation.uk/local-government-superannuation-amendment-regulations-1989",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make a number of amendments, largely unrelated, to the Local Government Superannuation Regulations 1986 (“the principal Regulations”) (S.I. 1986/27).\nRegulation 2 makes explicit the continued reckonability of previous service where a statutory right to return to work after pregnancy or confinement is exercised.\nRegulation 3 introduces two requirements of section 9 of the Social Security Act 1986 (c. 50):\n(i) that widowers, in addition to widows, shall be entitled to a guaranteed minimum pension; and\n(ii) that a part of a guaranteed minimum pension which is attributable to earnings factors for the tax years 1988/89 onwards shall be increased in accordance with section 37A of the Social Security Pensions Act 1975 (c. 60).\nRegulation 22 adds two relevant definitions.\nRegulation 4(a) and (c) clarifies the existing provisions dealing with benefits for employees retiring at, or in the tax year they attain, State pension age.\nRegulations 4(b) and 10 are connected. The latter enables a certificate of reduction in remuneration to be given where an employee is transferred to another employment under the same body, and the former provides that where a certificate is given there is no right to preserved benefits in respect of the old employment.\nRegulation 5 makes a number of changes in the methods of calculting death grants. Regulations 8, 9, 24 and 25 make consequential amendments.\nRegulation 6 imposes duties of disclosure in connection with the re-employment of pensioners.\nRegulation 7 enables an election to combine benefits in respect of consecutive employments to be made notwithstanding that benefits in respect of either or both of the employments have not yet become payable.\nRegulation 11 inserts a new regulation, which in effect continues earlier provisions governing the position of certain persons who retain rights to preserved benefits acquired after 31st March 1972 and before 1st April 1974. Regulation 26 makes a consequential amendment.\nRegulation 12 clarifies what service becomes qualifying service on the receipt of a transfer value, and regulation 14 corrects an internal cross-reference.\nRegulation 13 provides that where a cash equivalent is used under the Pensions Act to purchase one or more annuities, the person’s guaranteed minimum under that Act is to be revalued in accordance with the fixed rate method.\nRegulations 15 and 16 clarify the circumstances in which superannuation fund money may be applied to make good losses sustained by employing authorities through the fault of former employees.\nRegulations 17, 18 and 19 make administration expenses payable out of the superannuation fund, where the administering authority so desire, instead of being met by additional contributions from employing authorities, and relieve employing authorities from their liabilities to assist with these costs where they do so. References to the Banking Act 1979 (c. 37) are replaced by references to the Banking Act 1987 (c. 22). Regulation 23 makes a consequential amendment.\nRegulation 20 makes payable out of the superannuation fund any cash equivalent (of accrued benefits) taken under the Social Security Pensions Act 1975 (“the Pensions Act”) by a person leaving local government employment.\nRegulation 21 adds transfer premiums and limited revaluation premiums to the premiums payable under the Pensions Act that may be met from the superannuation fund.\nRegulation 27 allows persons who, on a change of employment attributable to local government reorganisation, were deemed to have been continuously employed, to elect to be treated as if they had instead acquired and retained rights to preserved benefits.\nRegulation 28 makes ill-health retirement grants payable in respect of deceased persons who were precluded from receiving them by reason of their having had contributions returned which they could not have repaid before their death.\nRegulation 29 contains transitional provisions.\nSection 12 of the Superannuation Act 1972 (c. 11) confers express power to make regulations retrospective in effect. These Regulations are to a certain extent retrospective, but provision is made in regulations 30 and 31 for opting out where rights in relation to ex-employees could be adversely affected, and for the determination of related questions.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/371/note",
    "retrieved_at": "2026-10-29T15:48:18.713298+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}