The Local Government Pension Scheme (Augmentation) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These regulations amend the Local Government Pension Scheme Regulations 1995 (“the principal regulations”) which regulate the Local Government Pension Scheme and the Local Government (Compensation for Premature Retirement) Regulations 1982 (“the 1982 regulations”) which deal with compensation for redundancy for local government employees aged 50 or over.

Regulation 2 introduces two new regulations (B18 and B19) into the principal regulations which give certain employing authorities the discretion to augment the period of pension scheme membership of certain members whose employment has ceased on redundancy. It also enables those authorities to convert the whole of an award under the 1982 regulations into an additional period of pension scheme membership for a member whose employment so ceased before the commencement date. Regulation 2 also amends regulation L13 of the principal regulations and sets a time limit within which payment for the purchase of additional membership is to be made to the administering authority.

Regulation 3 amends the 1982 regulations so as to prevent the award of a credited period under those regulations where an authority has exercised its discretion under the new provision of the principal regulations to augment scheme membership. It also brings the Commission for the New Towns and urban development corporations within the 1982 regulations.

Regulation 4 contains consequential amendments.

Regulation 5 contains a savings provision for retired members in respect of whom resolutions under the new regulations B18 and B19 are passed. If the provisions of the principal regulations relating to the maximum length of additional periods to be credited disadvantage the retired member by reducing the total period credited by augmentation, the member may elect to retain the existing compensation award. The election has to be made within 6 months of the authority’s resolution to convert the award into an augmented pension.