The Local Government Pension Scheme (Amendment) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Government Pension Scheme Regulations 1997 (“the principal Regulations”) which comprise the Local Government Pension Scheme (“the Scheme”). Some of the regulations take effect on various dates before the Regulations come into force (as set out in regulation 1(2)). Section 12 of the Superannuation Act 1972 provides that regulations made under section 7 of that Act may have retrospective effect.

Regulation 3 extends the provisions of regulation 5 of the principal Regulations (agreements to enable employees of non-Scheme employers to be members) to allow admission agreement bodies approved by the Secretary of State to enter into admission agreements where they contract out the performance of a function.

Regulation 4 adds a payment made under a School Achievements Award Scheme to the list of payments in regulation 13(2) of the principal Regulations (meaning of “pay”) which are excluded from an employee’s pensionable pay.

Regulation 5 amends regulation 28 of the principal Regulations (amounts of ill-health pension and grant). It makes minor drafting amendments to paragraph (5) and adds a new paragraph to limit the reduction required to be made to the enhanced membership period of a member who becomes entitled to ill-health benefits and has membership in part-time employment.

Regulation 6 omits from the principal Regulations regulation 39 (reduction of death grants: re-employed pensioners).

Regulations 7, 9 and 11 make consequential amendments required as a result of other amendments to the principal Regulations.

Regulation 8 amends regulation 121 (inward transfer of pension rights) to exclude rights under a non-Scheme additional voluntary contributions scheme from the list of relevant pension rights which may count as membership in the Scheme. Those rights are dealt with in regulation 60 (as previously amended) (election to pay AVCs).

Regulation 10 adds housing management companies set up by local authorities to the list of Scheme employers in Schedule 2.

Regulation 12 substitutes the fund administered by Rhondda, Cynon, Taff County Borough Council as the appropriate fund for employees of the National Probation Service local board for the South Wales area in the place of the fund administered by Swansea County Council.