Public Service Pensions and Judicial Offices Act 2022 (c. 7)

PART 1 Public service pension schemes

CHAPTER 3 Local government schemes

Interpretation

86 Meaning of “local government scheme” etc

(1) In this Chapter “local government scheme” means—

(a) a local government new scheme, or

(b) a local government legacy scheme.

(2) In this Chapter “local government new scheme” means—

(a) a scheme under section 1 of PSPA 2013 (schemes for persons in public service) which is a defined benefits scheme for local government workers (within the meaning of that Act), or

(b) a scheme under section 1 of PSPA(NI) 2014 (schemes for persons in public service) which is a defined benefits scheme for local government workers (within the meaning of that Act).

(3) In this Chapter “local government legacy scheme” means—

(a) an existing scheme (within the meaning of PSPA 2013) mentioned in paragraph 16 or 17 of Schedule 5 to PSPA 2013 (local government workers), or

(b) an existing scheme (within the meaning of PSPA(NI) 2014) mentioned in paragraph 3 of Schedule 5 to PSPA(NI) 2014 (local government workers).

87 Interpretation of Chapter

(1) In this Chapter—

• “Chapter 1 scheme” has the same meaning as in Chapter 1;

• “final salary benefits” has the meaning given by subsection (2);

• “judicial scheme” has the same meaning as in Chapter 2;

• “local government legacy scheme” has the meaning given by section 86(3);

• “local government new scheme” has the meaning given by section 86(2);

• “local government scheme” has the meaning given by section 86(1);

• “scheme regulations”—

  (a)

  in relation to a local government new scheme within section 86(2)(a) has the same meaning as in PSPA 2013 (see section 1(4) of that Act);

  (b)

  in relation to a local government new scheme within section 86(2)(b) has the same meaning as in PSPA(NI) 2014 (see section 1(4) of that Act);

• “Treasury directions” means—

  (a)

  in relation to a local government scheme within section 86(2)(a) or (3)(a), directions given by the Treasury;

  (b)

  in relation to a local government scheme within section 86(2)(b) or (3)(b), directions given by the Department of Finance in Northern Ireland.

(2) For the purposes of this Chapter, benefits payable under a pension scheme to or in respect of a member are “final salary benefits” if they are determined by reference to the member’s pensionable earnings, or highest, average or representative pensionable earnings, in a specified period ending at, or defined by reference to—

(a) the time when the member’s pensionable service in relation to the scheme ends, or

(b) the time when the member attains normal pension age under a local government legacy scheme.

(3) Where—

(a) a member of a pension scheme has service in multiple employments or offices that is pensionable service under the scheme, and

(b) the service is aggregated for the purpose of determining the amount of any benefit under the scheme,

the service is treated for the purposes of this Chapter as service in a single employment or office (and references to the employment or office in relation to the service are to be read accordingly).