UNITED KINGDOM STATUTORY INSTRUMENT
2004 No. 3372
PENSIONS, ENGLAND AND WALES
The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004
Made 17th December 2004
Laid before Parliament 22th December 2004
Coming into force 1st April 2005
The First Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 1972and 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:
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Citation, commencement, interpretation and extentCitation, commencement, interpretation and extent
1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004.
(2) These Regulations shall come into force on 1st April 2005.
(3) In these Regulations, “the principal Regulations” means the Local Government Pension Scheme Regulations 1997.
(4) These Regulations extend to England and Wales.
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Amendment of RegulationsAmendment of Regulations
2. The principal Regulations shall be amended in accordance with regulations 3 to 15 of these Regulations.
Normal retirement
3. In regulation 25, delete paragraph (3A).
Redundancy etc.
4. In regulation 26(1), for “50” substitute “55”.
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Other early leavers: deferred retirement benefits and elections for early paymentOther early leavers: deferred retirement benefits and elections for early payment
5. In regulation 31—
(a) in paragraph (1), for “50” substitute “55”;
(b) in paragraph (4), delete the words from the beginning of the paragraph up to and including “is less than 85 years,”; and
(c) in paragraph (7), delete the words from “or from such” to the end of the paragraph.
Re-employed and rejoining deferred members
6. In regulation 32(5)(a), for “29 and 31(4)” substitute “and 29”.
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Power of employing authority to increase total membershipPower of employing authority to increase total membership
7. In regulation 52, after paragraph (10), insert—
“11 An additional period arising from a resolution under this regulation on or after 1st April 2005 shall be treated as a period of membership after that date.”.
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Payments to increase total membershipPayments to increase total membership
8. In regulation 55(10), for sub-paragraphs (a) and (b) substitute “his NRD”.
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Employer’s further paymentsEmployer’s further payments
9. In regulation 80, after paragraph (4), insert—
“5 The appropriate administering authority may require the employing authority concerned to make additional payments to the appropriate fund in respect of any extra charge on the fund resulting from a pension and retirement grant becoming immediately payable to a member under regulations 26, 31(1) or 31(6).”.
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Commencement of pensionsCommencement of pensions
10. In regulation 93(2), delete sub-paragraph (aa).
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Right to count credited periodRight to count credited period
11. In regulation 122—
(a) in paragraph (4), delete the words from “or , if earlier” to the end of the paragraph; and
(b) after paragraph (6), insert—
“6A A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who was a member immediately before 1st April 2005 shall be treated as a period of membership before that date.
6B A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who becomes a member on or after 1st April 2005 shall be treated as a period of membership after that date.”.
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Credited periods for transferring members with mis-sold pension rightsCredited periods for transferring members with mis-sold pension rights
12. In regulation 122A, add at the end of paragraph (3) “(and regulation 122(6B) does not apply to a transfer value credited under this regulation)”.
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Rights as to service not matched by credited periodRights as to service not matched by credited period
13. In regulation 123(2), delete sub-paragraph (b).
Excluded membership
14. In Schedule 3, in paragraphs 7 and 8 of the Table, delete “or calculating NRD under regulation 25(3A)”.
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Former members of the Metropolitan Civil Staffs Superannuation SchemeFormer members of the Metropolitan Civil Staffs Superannuation Scheme
15. In Schedule 7, in paragraph 2(4), for “for the words from the beginning of the paragraph to “is less than 85 years” substitute” substitute “add at the beginning”.
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Transitional provisions and savingsTransitional provisions and savings
16. The Schedule to these Regulations (transitional provisions and savings) shall have effect.
Right to opt out
17.—(1) Where—
(a)
(a) apart from this regulation, the amendments made by these Regulations would place any relevant beneficiary in a worse position than he would otherwise be, and
(b)
(b) that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with 1st April 2005,
then the principal Regulations shall have effect in relation to him as if those amendments had never been made.
(2) For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who—
(a)
(a) ceased to hold an employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or
(b)
(b) dies while in such employment,
before 1st April 2005.
Phil Hope
Parliamentary Under Secretary of State
17th December 2004
SCHEDULE
Regulation 16
TRANSITIONAL PROVISIONS AND SAVINGS
Redundancy
1. Nothing in these Regulations shall affect the right of any member, who is aged 50 or more on 31st March 2005, to a pension and grant payable in accordance with regulation 26 of the principal Regulations (redundancy etc.).
Other early leavers: elections under regulation 31 where the member is aged 50 or more on 31st March 2005Other early leavers: elections under regulation 31 where the member is aged 50 or more on 31st March 2005
2. Nothing in these Regulations shall affect the right of any member, who is aged 50 or more on 31st March 2005, to elect to receive the immediate payment of retirement benefits in accordance with regulation 31(1)...
