The Local Government Pension Scheme (Amendment No. 2) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Government Pension Scheme Regulations 1997 (“the principal Regulations”) which comprise the Local Government Pension Scheme (“the Scheme”). Regulations 3 and 9 take effect on dates before the Regulations come into force (as set out in regulation 1(2)). Section 12 of the Superannuation Act 1972 provides that regulations made under section 7 of that Act may have retrospective effect.

Regulation 3 amends regulation 25 of the principal Regulations (normal retirement) to ensure that certain members of the Scheme who were members before 1st April 1998 continue to have a normal retirement date between age 60 and 65 as provided in the regulations which were superseded by the principal Regulations.

Regulation 4 substitutes a new regulation 66 in the principal Regulations (elections as to accumulated value of additional voluntary contributions) only allowing the use of the accumulated value of the additional voluntary contributions to provide a scheme benefit when a member ceases to be an active member of the Scheme with immediate entitlement to a pension. The changes do not affect the rights of a member who entered into the additional voluntary contributions scheme before the change takes effect.

Regulation 5 makes an amendment to regulation 86 of the principal Regulations (cost of calculations for transfer of additional voluntary contributions or shared cost additional voluntary contributions into the Scheme) consequential on the changes to regulation 66.

Regulation 6(a) makes a clarifying amendment to regulation 97 of the principal Regulations (first instance decisions).

Regulation 6(b) introduces specific requirements in regulation 97 as to the independence of the registered medical practitioner who is required to produce a certificate in connection with ill-health retirements.

Regulation 7 makes a minor change to regulation 113 of the principal Regulations (recovery or retention where former member has misconduct obligation) consequential on the changes to regulation 66.

Regulation 8 makes an amendment to Schedule 3 of the principal Regulations (excluded membership) consequential on the amendments to regulation 66.

Regulation 9 corrects a drafting error in the heading of Schedule 7 to the principal Regulations.