OpenLegislation

Section 81 Further powers to make provision about special casesI1I2

United Kingdom

(1)

Scheme regulations for a local government new scheme may make further provision relating to a member who has remediable service in an employment or office.

(2)

The provision that may be made under subsection (1) includes, in particular, provision about cases in which a person has remediable service in an employment or office any of which is excess teacher service.

(3)

Scheme regulations for a local government new scheme may make provision about injury and compensation benefits payable under a relevant injury and compensation scheme to or in respect of a member who has remediable service in an employment or office.

(4)

Provision made under subsection (3) may in particular be made by amending the relevant injury and compensation scheme.

(5)

In subsections (3) and (4) and this subsection—

(a)

“injury and compensation scheme” means a pension scheme that is listed in Schedule 6 to PSPA 2013 or Schedule 6 to PSPA(NI) 2014 (existing injury and compensation schemes);

(b)

an injury and compensation scheme is “relevant”, in relation to a local government new scheme, if it is connected with the local government new scheme;

(c)

a reference to “injury and compensation benefits” payable under an injury and compensation scheme is a reference to—

(i)

in the case of an injury and compensation scheme in relation to which Schedule 6 to PSPA 2013 or Schedule 6 to PSPA(NI) 2014 specifies particular benefits, those benefits;

(ii)

in the case of any other injury and compensation scheme, any benefits payable under the scheme.

(6)

The provision that may be made by scheme regulations under this section includes, in particular—

(a)

provision modifying any provision of this Chapter in its application to persons of a description specified in the regulations;

(b)

provision corresponding to, or applying, any provision of this Chapter, with or without modifications.

(7)

In this section “modifying” includes disapplying or supplementing (and cognate expressions are to be construed accordingly).

Annotations

Commencement

I1

S. 81 in force at Royal Assent for specified purposes, see s. 131(1)

I2

S. 81 in force at 1.10.2023 in force in so far as not already in force (or on such earlier day as may be appointed), see s. 131(1)(2)(d)(e)

Notes on Chapter 3

Modifications

C1

Pt. 1 Ch. 3 excluded (with effect in accordance with reg. 1(2) of the amending S.I.) by The Local Government Pension Scheme (Information) Regulations 2024 (S.I. 2024/880), regs. 1(2), 2(2)(3)(a)

C2

Pt. 1 Ch. 3 excluded (S.) (6.2.2025 with effect from 1.10.2023) by The Local Government Pension Scheme (Remediable Service) (Scotland) (Miscellaneous Amendment) Regulations 2024 (S.S.I. 2024/374), regs. 1(1)(2), 6