The Local Government Pension Scheme Regulations 1997

PART I CITY OF LONDON EMPLOYEES

1.  For any member who is an existing contributor (as defined in the Local Government Superannuation (City of London) Regulations 1977(1)) regulation 141 applies with these modifications—

(a) omit paragraphs (1) to (3), and

(b) in paragraph (4) for the words “regulation J17(3)(e) of the 1974 regulations”, “those regulations” and “Scheme employer” substitute the words “regulation 19(3) of the Local Government Superannuation (City of London) Regulations 1977”, “the 1974 regulations” and “City of London employing body” respectively.

2.—(1) For any member who is an existing contributor or a former contributor (as so defined) regulation 141 applies with these modifications.

(2) References to old statutory provisions must be taken as references to the local Act superannuation provisions or, as the case may be, to the particular corresponding provision of the local Act superannuation provisions.

(3) The old statutory provisions are—

(a) the Acts of 1937 to 1953, or the regulations made under them (including those provisions applying as amended or extended by any local Act or scheme or together with any such provisions) or

(b) the former regulations or a provision in the former regulations.

(4) References to old funds must be taken as references to the local Act superannuation fund (as defined in the Local Government Superannuation (City of London) Regulations 1977(2)).

(5) References to contributory employees must be taken as references to contributors to that fund.

(6) If immediately before the commencement date the member was entitled by virtue of paragraph 3 of Schedule M3 to the 1995 regulations to make contributions at a lower rate, regulation 12 has effect, while he continues in the employment of the same City of London employing body, as if he were a member with lower rate rights whose standard contribution rate was that lower rate.

(7) If immediately before the commencement date he—

(a) was prospectively entitled under the local Act superannuation provisions to benefits which did not include a lump sum retiring allowance and a pension payable to his widow, and

(b) did not make an election under regulation E19(2) of the 1974 regulations,

these Regulations apply with the modifications set out in paragrahs 3 and 5.

(8) But if a person within paragrah (7)—

(a) first married on or after 1st October 1977,

(b) has continued to contribute to the pension fund maintained by the Common Council from the day on which he first became a member and without a break of 12 months or more, and

(c) at a time when he is a member and within three months after first marrying elects by notice in writing to the Common Council to be treated as a person falling within paragraph (7),

these Regulations apply with the modifications set out in paragraphs 4 and 5.

(9) These Regulations also apply with the modifications set out in paragraphs 4 and 5—

(a) if a person within paragraph (7) who does not fall within paragraph (8)(a) and (b) made a similar election to that mentioned in paragraph (8)(c) under regulation E19(2) of the 1974 regulations; or

(b) if a person who does not fall within paragraph (7)—

(i) was prospectively entitled under the local Act superannuation provisions to benefits which did not include a lump sum retiring allowance, and

(ii) did not make an election under regulation E19(2) of the 1974 regulations.

3.—(1) In regulation 20(2) for “80” substitute “60”.

(2) In regulation 41—

(a) for “spouse” and “spouse’s” wherever they occur, substitute “widow” and “widow’s” respectively;

(b) for paragraph (4) to (6) substitute—

“(4) The long-term pension is the aggregate of—

(a) one four hundred and eightieth of the deceased’s pay multiplied by the length in years of his period of membership before 1st April 1972, and

(b) one one hundred and sixtieth of his pay, multiplied by the length in years of the period of his membership after 31st March 1972.”.

(3) Omit regulations 45(7) and (8), 46, 54 and 57.

4.—(1) In regulation 20 for paragraph (2) substitute—

“(2) Unless another multiplier is indicated, the appropriate multiplier for a pension is the aggregate of—

(a) the appropriate fraction of A, and

(b) the appropriate fraction of B,

where—

• the appropriate fraction mentioned in paragraph (a) is—

  

• the appropriate fraction mentioned in paragraph (b) is—

  

• A is

  

• B is

  

  .”

(2) In regulation 41—

(a) for “spouse” and “spouse’s” wherever they occur, substitute “widow” and “widow’s” respectively;

(b) for paragraph (4) to (6) substitute—

“(4) The long-term pension is the aggregate of—

(a) three tenths of the retirement pension to which the deceased was or would have been entitled at the time of his death in respect of the period of his membership before 1st April 1972 (but see paragraph (5)),

(b) one four hundred and eightieth of the deceased’s pay, multiplied by his period of membership before 1st April 1972, and

(c) one one hundred and sixtieth of the decreased’s pay, multiplied by his period of membership after 31st March 1972.

(5) Where—

(a) the widow’s age at the date of the deceased’s death is greater than his, or

(b) her age is less and she has no eligible child,

the amount calculated under paragraph (4)(a) is to be increased or reduced by an amount certified by an actuary appointed by the appropriate administering authority to be appropriate.”.

(3) In regulation 45—

(a) after paragraph (3) insert—

“(3A) Where a widow’s long-term pension is payable under regulation 41, no children’s long-term pension is payable until the day after the widow’s death.”; and

(b) for paragraphs (5) to (7) substitute—

“(5) The pension is the appropriate fraction of the aggregate of—

(a) three tenths of the retirement pension to which the deceased was or would have been entitled at the time of his death in respect of his membership before 1st April 1972,

(b) one four hundred and eightieth of his pay, multiplied by the length in years of his period of membership before 1st April 1972, and

(c) one one hundred and sixtieth of his pay, multiplied by the length in years of his period of membership after 31st March 1972.

(6) For paragraph (5) no account shall be taken of any period of membership before attaining the age of 60 years beyond a total of 40 years; and any period of membership which is accordingly to be left out of account shall be taken from the beginning of the member's period of membership.”.

(4) In regulation 46(10), for the words from “training rate” onwards substitute the words “the pension is reduced by the excess”.

(5) Omit regulations 54 and 57.

5.—(1) In regulations 25(1), 26(1) and 31(3) omit the words “and retirement grant”.

(2) In regulations 25(2), 26(2) and 27(2) for the words “and grant are” substitute the word “is”.

(3) In regulations 27(1), and 31(4), (5) and (7) omit the words “and grant”.

(4) In regulation 28(1) omit the words “or grant”.

(5) In regulation 29—

(a) in paragraph (2) omit the words “and retirement grant, each”, and

(b) omit paragraphs (6) and (7).

(6) In regulation 38 for paragraph (5) substitute—

“(5) The amount of a pensioner member's death grant is the greater of his pay or his pay multiplied by—

(but see paragraphs (5A) and (5B)).

(5A) The amount mentioned in paragraph (5) must be reduced—

(a) by any retirement grant paid to him, and

(b) by any payments which were made to him in respect of retirement pension (or would have been so made apart from regulation 29, 33 or 110).

(5B) If the pensioner member became entitled to his pension under regulation 31—

(a) paragraphs (5) and (5A) do not apply, and

(b) the amount of his death grant is the greater of amount A or amount B.

(5C) Amount A is his pay multiplied by—

less the reduction mentioned in paragraph (5A).

(5D) Amount B is the amount of his pay (less that reduction), multiplied by—

.

(5E) A pensioner member's pension membership period is the period of membership taken into account in calculating the multiplier for his retirement pension.”.

(7) After paragraph (4) of regulation 41 insert—

“(4A) For paragraph (4) no account shall be taken of any period of membership before attaining the age of 60 years beyond a total of 40 years; and any period of membership which is accordingly to be left out of account shall be taken from the beginning of the member's period of membership.”.

(8) Omit regulations 54 and 57.

(1)

S.I. 1977/1341.

(2)

S.I. 1977/1341.