The Local Government Pension Scheme (Amendment) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations contain amendments relating to the new Local Government Pension Scheme (“the Scheme”) which came into existence on 1st April 2008 and replaced the Local Government Pension Scheme 1997 (“the 1997 Scheme”). The majority of the amendments are to the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (“the Benefits Regulations”). All the amendments have effect from 1st April 2008. Section 12 (1) of the Superannuation Act 1972 provides that regulations made under Section 7 of that Act may have effect from a date earlier than the making of the regulations.

Regulation 3 inserts some additional definitions into the Benefits Regulations.

Regulation 4 substitutes regulation 2 of the Benefits Regulations, setting out who is an active member of the Scheme.

Regulation 5 amends regulation 3 of the Benefits Regulations, relating to contributions payable by active members.

Regulations 7 substitutes regulation 6 of the Benefits Regulations, providing for calculation of periods of membership.

Regulation 11 substitutes regulation 10 of the Benefits Regulations, dealing with Scheme members who choose to continue in employment, but at a lower grade or with less responsibility.

Regulation 13 substitutes regulation 20 of the Benefits Regulations, making provision for members who leave employment early because of ill-health. There are three tiers of benefit, depending on whether the employing authority determines that the member is permanently disabled from obtaining gainful employment, is likely to be able to obtain gainful employment at some stage before his normal retirement age (but not within three years), or is likely to obtain such employment within three years of leaving his local government employment. The employing authority is required to obtain a certificate from a specialist occupational health medical practitioner before making a determination.

Regulation 15 substitutes regulation 26 of the Benefits Regulations (meaning of “eligible child”).

Regulation 16 substitutes a new regulation 29 of the Benefits Regulations (calculation of benefits on leaving early).

Regulation 18 substitutes regulation 31 of the Benefits Regulations (early payment of pension in cases of ill-health after leaving local government employment).

Regulation 23 inserts new regulations 43 (dealing with pension debits) and 44 (preventing double entitlement) into the Benefits Regulations.

The remaining provisions make minor and technical amendments to the Benefits Regulations, to the Local Government Pension Scheme (Administration) Regulations 2008, and to the Local Government Pension Scheme (Transitional Provisions) Regulations 2008.

A regulatory impact assessment was produced for the Benefit Regulations and is available via the Local Government Pension Scheme website at http://www.xoq83.dial.pipex.com/whatsnew.htm.