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The Local Government Pension Scheme Regulations 1997

S.I. 1997/1612 · Made 30 June 1997

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PENSIONS

Made 30th June 1997

Laid before Parliament 3rd July 1997

Coming into force 1st April 1998

The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 1972f1 and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

1972 c. 11; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).

Contents

  1. Part I: PRELIMINARY PROVISIONS
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application to Isles of Scilly
  5. Part II: PRIMARY PROVISIONS
  6. Chapter I: MEMBERSHIP
  7. Eligibility for active membership
  8. 4General eligibility for membership: employees of Scheme employers etc.
  9. 5Agreements to enable employees of non-Scheme employers to be members(“admission agreements”)
  10. 6Further restrictions on eligibility
  11. Joining and leaving the Scheme
  12. 7Joining the Scheme
  13. 8Leaving the Scheme
  14. Chapter II: COUNTING MEMBERSHIP FOR THE SCHEME
  15. 9Periods of membership: “total membership”
  16. 10Excluded membership
  17. 11Length of period of membership: calculation of benefit
  18. Chapter III: CONTRIBUTIONS
  19. 12Members’ contributions
  20. 13Meaning of “pay”
  21. 14Members with lower rate rights
  22. 15Employer’s discretion to reduce member's contribution rate
  23. 16Inland Revenue limits on contributions
  24. 17Obligatory contributions during absences
  25. 18Optional contributions during absences
  26. Chapter IV: BENEFITS
  27. Preliminary
  28. 19General qualification for benefits
  29. 20Calculations
  30. 21Final pay
  31. 22Other final pay periods
  32. 23Permanent reductions in pay: certificates of protection of pension benefits
  33. 24Revenue limits
  34. Retirement benefits
  35. 25Normal retirement
  36. 26Redundancy etc.
  37. 27Ill-health
  38. 28Amounts of ill-health pension and grant
  39. 29Re-employed pensioners
  40. 30Further provisions about elections under regulation 29
  41. 31Other early leavers: deferred retirement benefits and elections for early payment
  42. 32Re-employed and rejoining deferred members
  43. 33Surrenders of pension
  44. 34No double entitlement
  45. 35Requirements as to time of payment
  46. 36Guaranteed minimum pensions etc.
  47. 37Revaluation of guaranteed minimum
  48. Death grants
  49. 38Death grants
  50. 39Reduction of death grants: re-employed pensioners
  51. Surviving spouses’ pensions
  52. 40Surviving spouse’s short-term pension
  53. 41Surviving spouse’s long-term pension
  54. 42Reduction of some surviving spouses’ pensions
  55. 43Surviving spouse’s guaranteed minimum pension
  56. Children’s pensions
  57. 44Meaning of “eligible child”
  58. 45Children’s short-term pensions
  59. 46Children’s long-term pensions
  60. 47Discretions as to payment of children’s pensions
  61. 48Dependants of re-employed pensioners
  62. Commutation
  63. 49Commutation: small pensions
  64. 50Commutation: exceptional ill-health
  65. Part III: OPTIONAL ADDITIONAL BENEFITS
  66. Chapter I: PRELIMINARY
  67. 51Scope of Part III: limits on benefits
  68. Chapter II: INCREASE OF MEMBERSHIP BY EMPLOYING AUTHORITY
  69. 52Power of employing authority to increase total membership of members leaving employment at or after 50
  70. 53Power of employing authority to increase total membership of new members
  71. 54Effect of increases under this Chapter for older members
  72. Chapter III: MEMBERS’ OPTIONS TO INCREASE PENSIONS
  73. Purchase of added years
  74. 55Payments to increase total membership
  75. 56Part-time employees
  76. 57Effect of increases under this Chapter for older members
  77. Conversion between lump sums and pensions
  78. 58Election for pension in lieu of retirement grant
  79. 59Election for lump sum in lieu of pension
  80. Chapter IV: ADDITIONAL VOLUNTARY CONTRIBUTIONS
  81. Members only AVC schemes
  82. 60Elections to pay AVCs
  83. 61Payment of AVCs
  84. 62Functions of employing and administering authorities
  85. 63Death benefits
  86. 64Retirement benefits
  87. 65Changes of employment in which membership is continued
  88. 66Elections as to use of accumulated value of AVCs
  89. Shared cost schemes (SCAVCs)
  90. 67Establishment of shared cost AVC schemes (SCAVCs)
  91. 68Applications to pay SCAVCs
  92. 69Functions of employing and administering authorities
  93. 70Application and investment of SCAVCs
  94. 71Changes of employment in which membership is continued
  95. 72Termination
  96. Part IV: ADMINISTRATION
  97. Chapter I: PENSION FUNDS AND EMPLOYERS’ PAYMENTS
  98. Pension funds
  99. 73The pension funds
  100. 74Appropriate funds
  101. 75Admission agreement funds
  102. 76Accounts and audit
  103. 77Actuarial valuations and certificates
  104. 78Special circumstances where revised actuarial valuations and certificates must be obtained
  105. Employers’ liability to make payments
  106. 79Employer’s contributions
  107. 80Employer’s further payments
  108. 81Payments by employing authorities to appropriate administering authorities
  109. Interest
  110. 82Interest
  111. Chapter II: MEMBERS’ CONTRIBUTIONS
  112. 83Discontinuance of additional contributions
  113. 84Separate treatment of AVCs and SCAVCs from other contributions
  114. 85Over-provision: calculation and return of surplus AVC and SCAVC funds
  115. 86Cost of calculations for transfer of AVCs or SCAVCs into the Scheme where no transfer is requested
  116. 87Rights to return of contributions
  117. 88Exclusion of rights to return of contributions
  118. 89Deduction and recovery of member's contributions
  119. Chapter III: PAYMENT OF BENEFITS ETC.
  120. 90Pension increases and cash equivalents under the Pension Schemes Act 1993
  121. 91Pension increases under the Pensions (Increase) Acts
  122. 92Contributions equivalent premiums
  123. 93Commencement of pensions
  124. 94Interest on late payment of certain benefits
  125. 95Payments due in respect of deceased persons
  126. 96Non-assignability
  127. Chapter IV: DETERMINATIONS, INFORMATION AND RECORDS
  128. Initial determinations of questions
  129. 97First instance decisions
  130. 98Notification of decisions under regulation 97
  131. Resolution of disputes
  132. 99Appointment of persons to resolve disputes
  133. 100Right to apply for an appointed person to decide a disagreement
  134. 101Notice of decisions by appointed persons under regulation 100
  135. 102Reference of disagreement to the Secretary of State
  136. 103Notice of decisions by the Secretary of State under regulation 102
  137. 104Rights of representation
  138. 105Appeals by administering authorities
  139. Information and records
  140. 106Statements of policy concerning exercise of discretionary functions
  141. 107Information to be supplied by employees
  142. 108Exchange of information by authorities
  143. Chapter V: SPECIAL ADJUSTMENTS
  144. Abatement during new employment
  145. 109Statements of policy concerning abatement of retirement pensions in new employment
  146. 110Application of abatement policy in individual cases
  147. Misconduct
  148. 111Forfeiture of pension rights after conviction of employment-related offences
  149. 112Interim payments directions
  150. 113Recovery or retention where former member has misconduct obligation
  151. 114Protection of GMP rights
  152. 115Transfer of sums from the pension fund to compensate for former member's misconduct
  153. Chapter VI: TRANSFERS
  154. Transfers out
  155. 116Application of Chapter IV of Part IV of the Pension Schemes Act 1993
  156. 117Rights to payment out of fund authority’s pension fund
  157. 118Contracting-out requirements affecting transfers out
  158. Bulk transfer arrangements
  159. 119Bulk transfers (transfers of undertakings) etc.
  160. 120Calculation of amount of transfer payment under regulation 119
  161. Transfers in
  162. 121Inward transfers of pension rights
  163. 122Right to count credited period
  164. 123Rights as to service not matched by credited period
  165. Community scheme transferees
  166. 124Community scheme transferees
  167. Payments between funds and authorities
  168. 125Changes of fund
  169. 126Liability for combined benefits
  170. Part V: SPECIAL CASES
  171. Chapter I: ELIGIBILITY
  172. 127Eligibility for active membership: employees etc. of non-Scheme employers
  173. 128Supplementary provisions about employees within regulation 127
  174. 129Miscellaneous transport employees
  175. 130Miscellaneous airport employees
  176. 131Further cases of eligibility: non-employees
  177. 132Separate employments etc.
  178. Chapter II: MODIFICATIONS FOR CERTAIN EMPLOYEES ETC.
  179. Members who may retire at 70 etc.
  180. 133Members employed by magistrates’ courts committees
  181. 134Certain employees of the committee of magistrates for the inner London area
  182. 135Coroners
  183. Employees of probation committees
  184. 136Employees of probation committees
  185. City of London and other contributory employees
  186. 137Certain City of London employees and former contributors
  187. Local government re-organisation
  188. 138Transfers under the Local Government Act 1992 etc.
  189. 139Local government reorganisation
  190. 140Former employees of Manchester Corporation
  191. 141Transferees under s.18(4)(a) of the National Health Service Reorganisation Act 1973
  192. Reduction of pensions of certain former teachers
  193. 142Deduction for teachers’ pension payments
  194. Conversion of Discretionary Payments Regulations periods into membership
  195. 143Conversion of periods credited under Discretionary Payments Regulations etc. into membership
  196. Environment Agency Closed Fund
  197. 144The Environment Agency Closed Fund
  198. Rights under section 12 of the Superannuation Act 1972
  199. 145Rights under section 12 of the Superannuation Act 1972
  200. Signature
  201. Schedule 1INTERPRETATION
  202. Schedule 2SCHEME EMPLOYERS
  203. Schedule 3EXCLUDED MEMBERSHIP
  204. Schedule 4: REVENUE RESTRICTIONS
  205. Preliminary
  206. 1Paragraph 1
  207. Class A members
  208. 2Paragraph 2
  209. Class B members and Class C members
  210. 3Paragraph 3
  211. 4Paragraph 4
  212. 5Paragraph 5
  213. 6Paragraph 6
  214. 7Paragraph 7
  215. Maximum additions under regulations 53 and 55
  216. 8Paragraph 8
  217. Controlling directors
  218. 9Paragraph 9
  219. Overriding provisions
  220. 10Paragraph 10
  221. Schedule 5: APPROPRIATE FUNDS
  222. Part I: GENERAL RULES
  223. 1Paragraph 1
  224. 1Notes
  225. 2Notes
  226. 3Notes
  227. IIMISCELLANEOUS AUTHORITIES
  228. IIIMEMBERS AFFECTED BY LOCAL GOVERNMENT REORGANISATION
  229. Schedule 6: CERTAIN CITY OF LONDON EMPLOYEES AND FORMER CONTRIBUTORS
  230. Part I: CITY OF LONDON EMPLOYEES
  231. 1Paragraph 1
  232. 2Paragraph 2
  233. 3Paragraph 3
  234. 4Paragraph 4
  235. 5Paragraph 5
  236. Part II: FORMER COMMON COUNCIL LOCAL ACT SCHEME MEMBERS (DISCRETIONARY RIGHTS)
  237. 6Paragraph 6
  238. Part III: FORMER CONTRIBUTORS
  239. 7Paragraph 7
  240. Explanatory note