The Local Government Pension Scheme Regulations 1997
S.I. 1997/1612 · Made 30 June 1997
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
- Part I: PRELIMINARY PROVISIONS
- 1Citation and commencement
- 2Interpretation
- 3Application to Isles of Scilly
- Part II: PRIMARY PROVISIONS
- Chapter I: MEMBERSHIP
- Eligibility for active membership
- 4General eligibility for membership: employees of Scheme employers etc.
- 5Agreements to enable employees of non-Scheme employers to be members(“admission agreements”)
- 6Further restrictions on eligibility
- Joining and leaving the Scheme
- 7Joining the Scheme
- 8Leaving the Scheme
- Chapter II: COUNTING MEMBERSHIP FOR THE SCHEME
- 9Periods of membership: “total membership”
- 10Excluded membership
- 11Length of period of membership: calculation of benefit
- Chapter III: CONTRIBUTIONS
- 12Members’ contributions
- 13Meaning of “pay”
- 14Members with lower rate rights
- 15Employer’s discretion to reduce member's contribution rate
- 16Inland Revenue limits on contributions
- 17Obligatory contributions during absences
- 18Optional contributions during absences
- Chapter IV: BENEFITS
- Preliminary
- 19General qualification for benefits
- 20Calculations
- 21Final pay
- 22Other final pay periods
- 23Permanent reductions in pay: certificates of protection of pension benefits
- 24Revenue limits
- Retirement benefits
- 25Normal retirement
- 26Redundancy etc.
- 27Ill-health
- 28Amounts of ill-health pension and grant
- 29Re-employed pensioners
- 30Further provisions about elections under regulation 29
- 31Other early leavers: deferred retirement benefits and elections for early payment
- 32Re-employed and rejoining deferred members
- 33Surrenders of pension
- 34No double entitlement
- 35Requirements as to time of payment
- 36Guaranteed minimum pensions etc.
- 37Revaluation of guaranteed minimum
- Death grants
- 38Death grants
- 39Reduction of death grants: re-employed pensioners
- Surviving spouses’ pensions
- 40Surviving spouse’s short-term pension
- 41Surviving spouse’s long-term pension
- 42Reduction of some surviving spouses’ pensions
- 43Surviving spouse’s guaranteed minimum pension
- Children’s pensions
- 44Meaning of “eligible child”
- 45Children’s short-term pensions
- 46Children’s long-term pensions
- 47Discretions as to payment of children’s pensions
- 48Dependants of re-employed pensioners
- Commutation
- 49Commutation: small pensions
- 50Commutation: exceptional ill-health
- Part III: OPTIONAL ADDITIONAL BENEFITS
- Chapter I: PRELIMINARY
- 51Scope of Part III: limits on benefits
- Chapter II: INCREASE OF MEMBERSHIP BY EMPLOYING AUTHORITY
- 52Power of employing authority to increase total membership of members leaving employment at or after 50
- 53Power of employing authority to increase total membership of new members
- 54Effect of increases under this Chapter for older members
- Chapter III: MEMBERS’ OPTIONS TO INCREASE PENSIONS
- Purchase of added years
- 55Payments to increase total membership
- 56Part-time employees
- 57Effect of increases under this Chapter for older members
- Conversion between lump sums and pensions
- 58Election for pension in lieu of retirement grant
- 59Election for lump sum in lieu of pension
- Chapter IV: ADDITIONAL VOLUNTARY CONTRIBUTIONS
- Members only AVC schemes
- 60Elections to pay AVCs
- 61Payment of AVCs
- 62Functions of employing and administering authorities
- 63Death benefits
- 64Retirement benefits
- 65Changes of employment in which membership is continued
- 66Elections as to use of accumulated value of AVCs
- Shared cost schemes (SCAVCs)
- 67Establishment of shared cost AVC schemes (SCAVCs)
- 68Applications to pay SCAVCs
- 69Functions of employing and administering authorities
- 70Application and investment of SCAVCs
- 71Changes of employment in which membership is continued
- 72Termination
- Part IV: ADMINISTRATION
- Chapter I: PENSION FUNDS AND EMPLOYERS’ PAYMENTS
- Pension funds
- 73The pension funds
- 74Appropriate funds
- 75Admission agreement funds
- 76Accounts and audit
- 77Actuarial valuations and certificates
- 78Special circumstances where revised actuarial valuations and certificates must be obtained
- Employers’ liability to make payments
- 79Employer’s contributions
- 80Employer’s further payments
- 81Payments by employing authorities to appropriate administering authorities
- Interest
- 82Interest
- Chapter II: MEMBERS’ CONTRIBUTIONS
- 83Discontinuance of additional contributions
- 84Separate treatment of AVCs and SCAVCs from other contributions
- 85Over-provision: calculation and return of surplus AVC and SCAVC funds
- 86Cost of calculations for transfer of AVCs or SCAVCs into the Scheme where no transfer is requested
- 87Rights to return of contributions
- 88Exclusion of rights to return of contributions
- 89Deduction and recovery of member's contributions
- Chapter III: PAYMENT OF BENEFITS ETC.
- 90Pension increases and cash equivalents under the Pension Schemes Act 1993
- 91Pension increases under the Pensions (Increase) Acts
- 92Contributions equivalent premiums
- 93Commencement of pensions
- 94Interest on late payment of certain benefits
- 95Payments due in respect of deceased persons
- 96Non-assignability
- Chapter IV: DETERMINATIONS, INFORMATION AND RECORDS
- Initial determinations of questions
- 97First instance decisions
- 98Notification of decisions under regulation 97
- Resolution of disputes
- 99Appointment of persons to resolve disputes
- 100Right to apply for an appointed person to decide a disagreement
- 101Notice of decisions by appointed persons under regulation 100
- 102Reference of disagreement to the Secretary of State
- 103Notice of decisions by the Secretary of State under regulation 102
- 104Rights of representation
- 105Appeals by administering authorities
- Information and records
- 106Statements of policy concerning exercise of discretionary functions
- 107Information to be supplied by employees
- 108Exchange of information by authorities
- Chapter V: SPECIAL ADJUSTMENTS
- Abatement during new employment
- 109Statements of policy concerning abatement of retirement pensions in new employment
- 110Application of abatement policy in individual cases
- Misconduct
- 111Forfeiture of pension rights after conviction of employment-related offences
- 112Interim payments directions
- 113Recovery or retention where former member has misconduct obligation
- 114Protection of GMP rights
- 115Transfer of sums from the pension fund to compensate for former member's misconduct
- Chapter VI: TRANSFERS
- Transfers out
- 116Application of Chapter IV of Part IV of the Pension Schemes Act 1993
- 117Rights to payment out of fund authority’s pension fund
- 118Contracting-out requirements affecting transfers out
- Bulk transfer arrangements
- 119Bulk transfers (transfers of undertakings) etc.
- 120Calculation of amount of transfer payment under regulation 119
- Transfers in
- 121Inward transfers of pension rights
- 122Right to count credited period
- 123Rights as to service not matched by credited period
- Community scheme transferees
- 124Community scheme transferees
- Payments between funds and authorities
- 125Changes of fund
- 126Liability for combined benefits
- Part V: SPECIAL CASES
- Chapter I: ELIGIBILITY
- 127Eligibility for active membership: employees etc. of non-Scheme employers
- 128Supplementary provisions about employees within regulation 127
- 129Miscellaneous transport employees
- 130Miscellaneous airport employees
- 131Further cases of eligibility: non-employees
- 132Separate employments etc.
- Chapter II: MODIFICATIONS FOR CERTAIN EMPLOYEES ETC.
- Members who may retire at 70 etc.
- 133Members employed by magistrates’ courts committees
- 134Certain employees of the committee of magistrates for the inner London area
- 135Coroners
- Employees of probation committees
- 136Employees of probation committees
- City of London and other contributory employees
- 137Certain City of London employees and former contributors
- Local government re-organisation
- 138Transfers under the Local Government Act 1992 etc.
- 139Local government reorganisation
- 140Former employees of Manchester Corporation
- 141Transferees under s.18(4)(a) of the National Health Service Reorganisation Act 1973
- Reduction of pensions of certain former teachers
- 142Deduction for teachers’ pension payments
- Conversion of Discretionary Payments Regulations periods into membership
- 143Conversion of periods credited under Discretionary Payments Regulations etc. into membership
- Environment Agency Closed Fund
- 144The Environment Agency Closed Fund
- Rights under section 12 of the Superannuation Act 1972
- 145Rights under section 12 of the Superannuation Act 1972
- Signature
- Schedule 1INTERPRETATION
- Schedule 2SCHEME EMPLOYERS
- Schedule 3EXCLUDED MEMBERSHIP
- Schedule 4: REVENUE RESTRICTIONS
- Preliminary
- 1Paragraph 1
- Class A members
- 2Paragraph 2
- Class B members and Class C members
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Maximum additions under regulations 53 and 55
- 8Paragraph 8
- Controlling directors
- 9Paragraph 9
- Overriding provisions
- 10Paragraph 10
- Schedule 5: APPROPRIATE FUNDS
- Part I: GENERAL RULES
- 1Paragraph 1
- 1Notes
- 2Notes
- 3Notes
- IIMISCELLANEOUS AUTHORITIES
- IIIMEMBERS AFFECTED BY LOCAL GOVERNMENT REORGANISATION
- Schedule 6: CERTAIN CITY OF LONDON EMPLOYEES AND FORMER CONTRIBUTORS
- Part I: CITY OF LONDON EMPLOYEES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part II: FORMER COMMON COUNCIL LOCAL ACT SCHEME MEMBERS (DISCRETIONARY RIGHTS)
- 6Paragraph 6
- Part III: FORMER CONTRIBUTORS
- 7Paragraph 7
- Explanatory note