The Local Government Superannuation (Equality and Maternity Absence) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to the Local Government Superannuation Regulations 1986 (“the principal Regulations”) in connection with maternity absence and equal treatment.

Regulation 2 makes drafting changes to clarify regulation C3A which was introduced by the Local Government Superannuation (Maternity Absence) Regulations 1993 (S.I. 1993/2531). It has effect from 1st January 1993.

Regulation 3(1) removes, with effect from 17th May 1990, a provision which prevented a man electing to receive an actuarially reduced pension at 60 if that pension were less than his guaranteed minimum pension. The guaranteed minimum is payable from age 65. Regulation 5 allows a man who was unable to make such an election before the removal of the provision and who would otherwise be time barred, to make an election.

Regulation 3(2) removes an inequality whereby the pension of a man retiring at 60 with less than 25 years' service is subject to an actuarial reduction of up to 33% whereas that of a woman is not. A woman’s pension in respect of her service since 6th April 1978 has been protected as a consequence of a requirement of the Social Security Pensions Act 1975. The amendment provides that a man’s pension should enjoy the same protection as that of a woman in respect of his service from and including 17th May 1990. The amendment further provides that the protection for both men and women lasts only until 1st May 1995.

Regulation 4 confers a right for a person, in certain circumstances, to opt that these Regulations shall not apply.