The Local Government Pension Scheme (Amendment) Regulations 2010

Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007

7.  After regulation 16 insert—

“Normal retirement age: staff of the Learning and Skills Council for England

16A.— (1) Subject to paragraphs (2) and (3), the normal retirement age of a person to whom this regulation applies is 60 and—

(a) regulations 16, 20, 29 and 31 shall be construed accordingly;

(b) references to 55 in regulations 18(1) and 30(1) (but not in regulation 19(1)) shall be construed as references to 50 (“the age 50 protections”); and

(c) references to 65th birthday in regulations 18(2) and 20(14) (but not in regulation 17(1)) shall be construed as references to 60th birthday.

(2) Any increases and enhancements under regulations 14(2) and 29(5)(1) shall not apply to such a person in relation to benefits coming into payment before the age of 65.

(3) Regulation 30(2) shall not apply to such a person.

(4) Subject to paragraph (5), this regulation applies to a person who on 31st March 2010, is an employee of the Learning and Skills Council for England (“LSC”), and who on that date—

(a) is an active member of the 1972 Section or the 2002 Section of the principal civil service pension scheme (“PCSPS”), or is eligible to join one of those Sections;

(b) ceases to be a member of the PCSPS as a consequence of being named in a staff transfer scheme, providing for the transfer of their employment on 1st April 2010 from the LSC to a local authority or to London Councils Limited; and

(c) on 1st April 2010 becomes an active member of the Scheme.

(5) The age 50 protections and paragraph (3) shall only apply if the person either—

(a) became an active member of the 1972 Section or the 2002 Section of the PCSPS before 6th April 2006;

(b) became an active member of the 1972 Section of the PCSPS after 5th April 2006, and rule 3.10aa (termination of pensionable service on resignation or option out of the scheme) of that Section did not apply to such a person; or

(c) became an active member of the 2002 Section of the PCSPS after 5th April 2006, and paragraph (3) of rule D.3 (early payment of pensions with actuarial reduction) of that Section applied to such a person.

(6) In this regulation—

(a) (i) subject to sub-paragraph (ii), “local authority” has the same meaning as in section 579(1) of the Education Act 1996(2); but

(ii) until an order under section 162 of the Education and Inspections Act 2006(3) (power to replace statutory references to local education authorities with references to local authorities) comes into force, “local authority”, means “local education authority” and “local education authority” shall be construed in accordance with section 12 of the Education Act 1996.

(b) “the principal civil service pension scheme (“PCSPS”)” has the same meaning as in section 2(10) of the Superannuation Act 1972;

(c) “the 1972 Section” means Section II of the PCSPS; and

(d) “the 2002 Section” means Section 1 of the PCSPS.”.

(1)

Regulation 29 was substituted by S.I. 2008/1083.

(2)

1996 c. 56.

(3)

2006 c. 40.