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The Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003

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Explanatory Note

(This note is not part of the Regulations)

Regulations 3 to 8 of these Regulations amend the Local Government Pension Scheme Regulations 1997 (“the principal Regulations”) to make provision for members of local authorities in England who are entitled to pensionable allowances under regulations made under section 18 of the Local Government and Housing Act 1989 (as amended by section 99 of the Local Government Act 2000).

Regulation 3 makes a consequential amendment to regulation 32 of the principal Regulations dealing with aggregation of membership. Regulation 4 amends the principal Regulations to include eligible councillors in the cases of eligibility of non-employees. Regulation 5 inserts a new regulation to provide that the principal Regulations apply to eligible councillors with the modifications set out in a new schedule. Regulation 8 adds that schedule as Schedule 8.

Regulation 6 amends Schedule 1 to the principal Regulations (interpretation), principally to include definitions for councillor members.

Regulation 7 makes amendments to the Table in Schedule 3 to set out membership that does not count for some purposes.

Regulation 9 makes amendments to the injury allowances and gratuities provisions of the Local Government (Discretionary Payments) Regulations 1996 to exclude eligible councillors, the Mayor of London and members of the London Assembly in respect of their employment as such. It also amends the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 to provide that the calculation of discretionary compensation for redundancy for a person does not include any period of membership as a councillor member, Mayor of London or member of the London Assembly that he may have in the Local Government Pension Scheme.

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