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(This note does not form part of these Regulations)
These regulations make various amendments to the Local Government Pension Scheme Regulations 1997 (“the principal Regulations”), the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 and the Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997.
Regulations 3 to 22 amend the principal Regulations which regulate the Local Government Pension Scheme (“the Scheme”). Certain of the regulations take effect on various dates before the Regulations come into force (as set out in regulation 1). Section 12 of the Superannuation Act 1972 provides that regulations made under section 7 of that Act may have retrospective effect.
Regulation 23 allows certain persons who would be placed in a worse position by amendments made in these Regulations to elect for the amendments not to apply in their case.
Regulations 3, 16, 17, 21 and 22 make changes in connection with schools necessitated by the Schools Standards and Framework Act 1998.
Regulation 4 makes certain provisions in connection with admission bodies.
Regulation 5 provides that re-employed teachers who are not eligible to join the Teachers' Pension Scheme are also not eligible to be members of the Scheme.
Regulations 6, 8, 9 and 11 make provision in connection with the payment of retirement benefits and death grants for persons who retire after age 65. Regulations 18–20 make adjustment for those members whose normal retirement date is 70. Copies of the guidance referred to in regulation 20(4A) of the principal Regulations as inserted by regulation 8 can be obtained free of charge from the Local Government Pensions Division, Department of the Environment, Transport and the Regions, Zone 2/E8, Ashdown House, 123 Victoria Street, London SW1E 6DE.
Regulation 7 clarifies the definition of pay and the money value of the provision of a car.
Regulations 10 and 15 make provision in connection with ill-health retirements.
Regulation 12 amends the provision in connection with the increase of membership of members leaving employment after age 50 to provide that no increase may be made where the person is paid lump sum compensation under the Local Government (Discretionary Payments) Regulations 1996 (as amended).
Regulation 13 makes a change to allow the transfer into a member’s additional voluntary contributions scheme of the accumulated value from other additional voluntary contribution schemes.
Regulation 14 makes changes in connection with the revision of actuarial valuations and certificates when an admission body ceases to be a Scheme employer.
Regulation 24 amends the Local Government Pension Scheme (Transitional Provisions) Regulations 1997. Paragraph (a) makes a clarifying amendment in connection with employees of the Environment Agency. Paragraph (b) introduces a definition of and references to “active deferred pensioners”.
Regulation 25 makes a minor drafting amendment to regulation 3 of the Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997.
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