The Local Government Pension Scheme(Pension Sharing on Divorce) Regulations 2000

Citation and commencement

1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Pension Sharing on Divorce) Regulations 2000.

(2) These Regulations shall come into force on 1st December 2000.

Pension sharing and the Local Government Pension Scheme Regulations 1995

2.—(1) This regulation applies to persons specified in regulation 4(2)(a) of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997(1) (deferred members and pensioner members who immediately before 1st April 1998 were deferred members or pensioner members of the Scheme and who do not on or after that date become active members of the Scheme) who are also pension debit members.

(2) Where the shareable rights of a person to whom this regulation applies become subject to a pension debit—

(a) the benefits payable to him shall be reduced to take into account that debit; and

(b) the amount of the reduction shall be calculated in accordance with guidance issued by the Government Actuary.

(3) For the purposes of calculating—

(a) a deferred pensioner’s children’s long-term pension under regulation G5 of the Local Government Pension Scheme Regulations 1995(2);

(b) a pensioner’s children’s long-term pension under regulation G6 of those regulations; or

(c) a pensioner’s children’s short-term pension under regulation G7 of those regulations

the reference to the deceased’s retirement pension shall be to the retirement pension to which the deceased would have been entitled had his shareable rights not been subject to a pension debit.

(4) In this regulation, expressions used in the Local Government Pension Scheme Regulations 1995, the Local Government Pension Scheme Regulations 1997(3) (as amended by these Regulations) and the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 have the same meanings as in those regulations.

Amendment of the Local Government Pension Scheme Regulations 1997

3.  The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with the Schedule to these Regulations.

The Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998

4.  In regulation 5(6) of the Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998(4) for “(except those incurred in connection with a FSAVC scheme) may be paid from it” substitute—

• “may be paid from it except—

  (a)

  those incurred in connection with an FSAVC scheme, and

  (b)

  those costs and charges prescribed by regulations made under sections 23, 24 or 41 of the Welfare Reform and Pensions Act 1999(5) which the adminstering authority is enabled to recover by or under any such regulations”.

Signed by authority of the Secretary of State

Hilary Armstrong

Minister of State,

Department of the Environment, Transport and the Regions

9th November 2000