The Local Government Pension Scheme (Transitional Provisions) Regulations 1997

Pension funds and authorities

Pension funds and appropriate fund authorities

19.—(1) The funds which are appropriate pension funds for the old provisions immediately before the commencement date shall continue to be appropriate pension funds for those provisions and shall be the appropriate funds for the 1997 regulations.

(2) Without prejudice to paragraph (1), any liabilities under the old provisions, as they continue to apply by virtue of these Regulations, shall continue to be payable by the appropriate administering authority from the fund which is the appropriate pension fund as respects those liabilities immediately before that date.

(3) Where immediately before that date any body is or may become liable to make payments to any such authority or to any pension fund in respect of any liability arising under the old provisions in respect of any person, liabilities in respect of whom continue to arise on or after that date under those provisions, that body shall continue to be the body which is or may become so liable.

(4) But where, by virtue of Section B of the Table in Part III of Schedule 5 to the 1997 regulations, on the commencement date—

(a) a fund ceases for any purpose to be the appropriate pension fund, and

(b) does not become the appropriate fund for that purpose under the 1997 regulations,

then for paragraphs (1) to (3)—

(i) the fund which is the appropriate fund under that Section shall be treated as having been the appropriate pension fund immediately before that date, and

(ii) accordingly the authority maintaining that fund shall be treated as having then been the appropriate fund authority for that purpose.

Continuation of employers' liability for certain payments

20.—(1) Nothing in these Regulations affects the liability of any body to make payments under regulation L13 of the 1995 regulations in respect of any member who continues as an active member on the commencement date by virtue of regulation 3(1).

(2) But if the member (or his personal representative) informs the relevant authority under regulation 14(2) (as applied by regulation 15(1)) that he does not wish a right which ceases to have effect under regulation 12(1)(a) to be treated as mentioned in regulation 14(1), regulation L13 of the 1995 regulations shall cease to apply in relation to that member’s payments so far as they become due on or after the commencement date.

(3) Where, in a case in which payments continue to be made under regulation L13(1) of the 1995 regulations by virtue of paragraph (1), following an election under regulation 16(1) a member makes a capital payment in full satisfaction of his liabilities in respect of any period, any liabilities which any body has in respect of him under that regulation are not affected.

Early retirement of chief officers

21.—(1) Each new authority must determine the amount of its liability under regulation L15 of the 1995 regulations (extra charges resulting from early retirement of chief officers) immediately before the commencement date.

(2) That amount is the aggregate amount—

(a) of any sums falling to be paid by it under that regulation as respects any such entitlement as is mentioned in paragraph (1) of that regulation which has arisen on or before that date, and

(b) of the actuarial value of the liabilities which would arise under that regulation (apart from its revocation) as respects any such entitlement which has not so arisen.

(3) Before 1st July 1998 the new authority must—

(a) pay an amount equal to the amount determined by them under paragraph (1) to the relevant fund, or

(b) give notice that they wish that amount to be added to the amount required to be paid by them to that fund under regulation 79 of the 1997 regulations (employers' contributions) for the year in which the notice is given.

(4) A notice under paragraph (3)(b) must be given in writing to the authority administering that fund.

(5) If that authority disagrees with the new authority as to the amount determined by them under paragraph (1), that amount must be determined on the advice of an actuary appointed by the new authority.

(6) If the new authority do not comply with paragraph (3), the authority administering the relevant fund may require the new authority to pay interest on the amount due as from 1st July 1998.

(7) That interest must be calculated at one per cent. above base rate on a day to day basis to the date of payment and compounded with three-monthly rests.

(8) In this regulation—

• “the new authority” are the body which is the new authority in relation to the member for—

  (a)

  the Local Government (Retirement of Chief Officers) Regulations 1973(1), or

  (b)

  the Water Authorities (Retirement of Chief Officers) Regulations 1974(2); and

• “the relevant fund” is the pension fund out of which the member’s benefits are payable (or, in a case where entitlement to the benefits has not arisen on or before the commencement date, would be payable if he had become entitled to them).

(1)

S.I. 1973/1260.

(2)

S.I. 1974/73.