Local Government Pension Scheme Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1019 |
1995 No. 1019
PENSIONS
The Local Government Pension Scheme Regulations 1995
Made 6th April 1995
Laid before Parliament 11th April 1995
Coming into force 2nd May 1995
The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 19721and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations:—
PART A
PRELIMINARY
Citation and commencement
A1. These Regulations may be cited as the Local Government Pension Scheme Regulations 1995 and shall come into force on 2nd May 1995 (and in these regulations that date is referred to as “the commencement date”).
Interpretation
A2.—(1) In these regulations, unless the context otherwise requires, the expressions defined in Schedule A1 have the meanings given to them by that Schedule.
(2) In these regulations, unless the context otherwise requires, any reference to a Part of these regulations includes a reference to any Schedules to these regulations referred to in that Part, is so far as they apply for its purposes.
PART B
MEMBERSHIP
Eligibility
General eligibility of employees of LGPS employers
B1.—(1) Subject to the provisions of this Part, a person is only eligible to be a member of the occupational pension scheme constituted by these regulations (in these regulations referred to as “the Scheme”) if—
(a)
(a) he is an employee of a body specified in Part I of Schedule B1; or
(b)
(b) he is an employee of a body specified in Part II of that Schedule and that body has by a statutory resolution—
(i) specified him as being so eligible, or
(ii) specified a class of employees to which he belongs as being so eligible.
(2) In these regulations—
(a)
(a) “employee” means an employee whether permanent or temporary; and
(b)
(b) the bodies specified in Schedule B1 are referred to as “LGPS employers”.
Age restrictions: meaning of “latest retirement age” and “LRD”
B2.—(1) A person is only eligible to be a member of the Scheme if he has attained the age of 16 years.
(2) A person applying to his employer to join the Scheme who—
(a)
(a) has attained the age of 50 years (or would, on or by the date on which he would otherwise become a member of the Scheme have attained that age), and
(b)
(b) was first employed by the employer and eligible to be a member by virtue of that employment before he attained that age,
is not eligible to be a member of the Scheme if he is given notice in writing to that effect by his employer.
(3) Subject to paragraph (4), a person is not eligible to be a member of the Scheme after he has attained the age of 65 and in these regulations, in relation to any person, “latest retirement age” means that age and “LRD” means the date by which he attains that age.
(4) A person is only eligible to be a member of the Scheme on and after his LRD if—
(a)
(a) his total period of membership does not exceed the maximum referred to in paragraph (6); and
(b)
(b) at least one of the conditions mentioned in paragraph (5) is satisfied in relation to him.
(5) The conditions mentioned in paragraph (4) are—
(a)
(a) at least one of the following has become payable to him—
(i) a pension which is liable to be reduced or suspended under Schedule D5 (re-employed pensioners),
(ii) an ill-health retirement grant under regulation D8, or under regulation E4 of the 1986 regulations or regulation E20 of the 1974 regulations,
(iii) a short service grant under the Benefits regulations;
(b)
(b) he has received or is entitled to receive compensation under any enactment for loss of employment or loss or diminution of emoluments attributable to the provisions of an enactment, and the compensation is liable to be reduced or suspended, in consequence of his taking up employment with an LPGS employer, in the like manner and to the like extent as it would have been if he had remained eligible to belong to the occupational pension scheme to which he belonged or was eligible to belong immediately before suffering the loss.
(6) The maximum referred to in paragraph (4)(a) is—
(a)
(a) in the case of a Class A member (as defined in paragraph 1(1) of Schedule C5) 40 years, and
(b)
(b) in the case of a Class B member or a Class C member (as so defined), the aggregate of—
(i) his total period of membership before he attained the age of 60 years (disregarding any period in excess of 40 years), and
(ii) his total period of membership since he attained that age (but not exceeding 5 years plus any period by which the period mentioned in paragraph (i) fell short of 40 years);
and in paragraph (4) and this paragraph “total period of membership” has the meaning given in regulation B14, except that it also includes any additional period of membership which the member has been treated as being entitled to count for the purposes of regulation D7 (enhancement in cases of retirement on grounds of ill-health) or any corresponding earlier provision.
Restrictions by reference to working hours: “part-time” and “variable-time” employees
B3.—(1) If an employee is in two or more employments under a single LGPS employer, he is eligible to be a member of the Scheme in respect of all (but not less than all) of the employments.
(2) A person who is a variable-time employee of an LGPS employer specified in Part I of Schedule B1 or paragraph 1 or 2 of Part II of that Schedule is only eligible to be a member of the Scheme in respect of that employment if—
(a)
(a) he is a member of the Scheme also in respect of whole-time or part-time employment with an LGPS employer who is so specified; or
(b)
(b) having been such a member at the same time as being a member in respect of his variable-time employment, he has ceased to hold the whole-time or part-time employment; or
(c)
(c) he is not also in the whole-time or part-time employment of an LGPS employer who is so specified and his employer has by a statutory resolution—
(i) specified him as being so eligible, or
(ii) specified a class of employees to which he belongs as being so eligible.
(3) For the purposes of these regulations—
(a)
(a) an employee is a variable-time employee if in accordance with his terms of office or contract of employment he is to be treated as such for the purposes of the Scheme and either—
(i) his remuneration is calculated by reference to his obligations in his employment (rather than necessarily by reference to the number of hours he has worked), or
(ii) he hold an office or employment the functions of which are only exercisable on an occasional basis;
(b)
(b) an employee is a whole-time employee if his contractual hours are not less than the number of hours which, in accordance with his terms of employment, is the number of contractual hours for a person employed in that employment on a whole-time basis; and
(c)
(c) an employee is a part-time employee if he is neither a whole-time employee nor a variable-time employee.
(4) In these regulations—
“the contractual hours” means—
(i) the number of hours the employing authority are entitled to require the employee to work in each of the contractual weeks, or
(ii) if there is a cyclical variable in those hours, the average of those hours over the cycle; or
(iii) if there is any variation in those hours which is not cyclical, the average of those hours over the weeks in such period (not exceeding 12 months) as the employing authority consider appropriate, being a period for which, assuming that there will be no unpaid leave of absence, a wage or salary is payable to the employee; and
“the contractual weeks” means the number of weeks in every period of 12 months for which (on that assumption) a wage or salary is payable to the employee.
Certain office-holders etc. to be treated as employees of LGPS employers
B4. Schedule B2 shall have effect for the purpose of deeming certain persons to be employees of LGPS employers and, unless the context otherwise requires, references in these regulations to employment by or under such employers, and all related expressions, shall be construed accordingly.
Separate employments etc.
B5.—(1) Where a person holds two or more separate employments under one LGPS employer then, unless the context otherwise requires, these regulations apply in relation to each of those employments as if the other or others were held by him under another LGPS employer.
(2) Where the duties of a whole-time employee of a LGPS employer include the additional duty of a returning officer at local government elections or of an acting returning officer then, unless the context otherwise requires, these regulations apply—
(a)
(a) if he became a pensionable employee under the 1974 regulations on 1st April 1974 and immediately before that date was in the whole-time employment and had duties in it which included one or both of the additional duties, in relation to each additional duty as if it were a separate variable-time employment with an LGPS employer other than that with whom he is in the whole-time employment, and
(b)
(b) otherwise, in relation to that additional duty as if it were (or, if there are two additional duties, in relation to them both, as if they were) a separate variable-time employment with such an LGPS employer.
(3) For the purposes of paragraph (2)—
(a)
(a)...
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