The Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2018

JurisdictionUK Non-devolved

2018 No. 1366

Public Service Pensions, England And Wales

The Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2018

Made 13th December 2018

Laid before Parliament 18th December 2018

Coming into force 10th January 2019

These Regulations are made in exercise of the powers conferred by sections 7 and 12 of the Superannuation Act 19721and by section 1 of, and paragraph 12 of Schedule 3 to, the Public Service Pensions Act 20132.

In accordance with section 7(5) of the Superannuation Act 1972, the Secretary of State consulted such associations of local authorities as appeared to the Secretary of State to be concerned; the local authorities with whom consultation appeared to the Secretary of State to be desirable; and such representatives of other persons likely to be affected by the Regulations as appeared to the Secretary of State to be appropriate.

In accordance with section 21 of the Public Service Pensions Act 2013, the Secretary of State has consulted the representatives of such persons as appeared to the Secretary of State to be likely to be affected by these Regulations.

The retrospective provisions contained in these Regulations do not appear to the Secretary of State to have significant adverse effects in relation to the pension payable to or in respect of members of the scheme established by the Local Government Pension Scheme Regulations 20133or the schemes preserved by the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 20144, nor in any other way in relation to members of those schemes. Accordingly, the procedures set out in section 23 of the Public Service Pensions Act 2013 are not applicable in respect of these Regulations.

In accordance with section 3(5) of the Public Service Pensions Act 2013, these Regulations are made with the consent of the Treasury.

The Secretary of State makes the following Regulations:

Citation, commencement and extent
S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2018.

(2) These Regulations come into force on 10th January 2019, save for the following regulations which have effect as follows—

(a)

(a) regulation 4 has effect from 17th April 2018;

(b)

(b) regulation 5 has effect from—

(i) 5th December 2005 in respect of a surviving civil partner of a member; and

(ii) 13th March 2014 in respect of a surviving spouse of a same sex marriage with a member5.

(3) These Regulations extend to England and Wales.

Amendment of the Local Government Pension Scheme Regulations 2013
S-2 Amendment of the Local Government Pension Scheme Regulations 2013

Amendment of the Local Government Pension Scheme Regulations 2013

2. In regulation 2 (introductory) of the Local Government Pension Scheme Regulations 20136, after paragraph (3) insert—

S-3A

“3A The Secretary of State may issue guidance to administering authorities on the administration and management of the Scheme.

S-3B

3B Before preparing or revising guidance under paragraph (3A), the Secretary of State must consult such persons as he considers appropriate.”.

Amendment of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014

Amendment of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014

S-3 The Local Government Pension Scheme (Transitional Provisions,...

3. The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 20147are amended in accordance with regulations 4 and 5.

S-4 In regulation 3 (membership before 1st April 2014) for...

4. In regulation 3 (membership before 1st April 2014) for paragraph (5A)(a) substitute—

“(a)

“(a) regulation D11 of the 1995 Regulations (entitlement to deferred retirement benefits) has effect as if—

(i) in paragraph (2)(d) the words “has ceased to be employed in local government employment” were omitted;

(ii) in paragraphs (2)(d) and (4) the references to age 60 were substituted with references to age 55;

(iii) in paragraph (3)—

(aa) the reference to employing authority were substituted with...

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