The Local Government Pension Scheme (Administration) (Amendment) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Local Government Pension Scheme (Administration) Regulations 2008 (“the Administration Regulations”). Regulations 3 and 4 apply to England and Wales, but regulations 5 to 7 apply in relation to England only, as they make provision in consequence of local government reorganisation in England under Part 1 of the Local Government and Public Involvement in Health Act 2007 (c.28).

Regulation 4 has effect from 1st April 2008 and regulation 3 has effect from 28th June 2008. Section 12 of the Superannuation Act 1972 provides that regulations made under section 7 of that Act may have effect as from a date earlier than the making of the regulations. The remainder of the regulations have effect from 1st April 2009.

Regulation 2 introduces the amendments set out in regulations 3 to 7.

Regulation 3 disapplies regulation 16(6) of the Administration Regulations so that where a person transfers employment either by way of a TUPE transfer, or by way of a transfer which is treated as if TUPE applies, that person’s membership of the Local Government Pension Scheme is treated as if it were continuous.

Regulation 4 inserts a definition into Schedule 1 to the Administration Regulations.

Regulations 5 to 7 amend Schedule 4 to the Administration Regulations. Regulation 6 amends paragraph 7 of the Table in Schedule 4 by the addition of sub-paragraph (c) which identifies by reference to the Table in the new Part 2 of the Schedule, the respective employing and administering authorities for the appropriate fund, following local government reorganisation.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.