The Local Government Pension Scheme (Amendment) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/755 |
2015No. 755
PUBLIC SERVICE PENSIONS, ENGLAND AND WALES
The Local Government Pension Scheme (Amendment) Regulations 2015
17thMarch2015
19thMarch2015
11thApril2015
These Regulations are made in exercise of the powers conferred by sections 1 and 3 of, and Schedule 3 to, the Public Service Pensions Act 2013( 1).
In accordance with section 21 of that Act, 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.
In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury.
The Secretary of State makes the following Regulations:
Citation, commencement and extent
1.-(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2015.
(2) These Regulations come in to force on 11th April 2015 but have effect as follows-
(a) the amendments made by regulations 3, 11 and 15(b) have effect from the date these Regulations come into force; and(b) the remainder of the Regulations have effect from 1st April 2014.(3) These Regulations extend to England and Wales.
Amendment of the Local Government Pension Scheme Regulations 2013
2. The Local Government Pension Scheme Regulations 2013( 2) are amended in accordance with regulations 3 to 32.
3. For regulation 3(4)(b) (active membership) substitute-
"(b) on the first day of the payment period following an application to become a member, or".4. In regulation 3(7) (active membership), omit the word "or" at the end of sub-paragraph (g) and after sub-paragraph (h) insert-
"or,
(i) the member dies.".5. In regulation 10(5) (temporary reduction in contributions) for "sickness or injury" substitute "sickness, injury, or child-related leave".
6. In regulation 15 (employer contributions during absences)-
(a) For paragraph (3)(a)(ii) substitute-"(ii) details of the amount of any additional pension contributions to be paid by the member under regulation 16 (additional pension contributions) or regulation 17 (additional voluntary contributions) during reserve forces service leave,"; and(b) In sub-paragraph (3)(b) omit the words "less any pensionable pay being paid to the member during the absence".7. In regulation 16 (additional pension contributions)-
(a) insert a comma after "(contributions during absence from work)";(b) in paragraph (11), at the end of sub-paragraphs (d) and (e) add "in the employment to which the APC is attached"; and(c) at the end of paragraph (16) add "or such longer period as the Scheme employer may allow".8. In regulation 17 (additional voluntary contributions)-
(a) for paragraph (6) substitute-"(6) For the purposes of regulation 17 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013( 3) the retirement date used for the purposes of Part 2 of Schedule 6 to those Regulations is, where no acceptable date has been specified for that purpose by the member, normal pension age or, if the member has already attained normal pension age, age 75."; and (b) in paragraph (7) after "or regulation 35(1) (early payment of retirement pension on ill-health grounds: active members)" insert "or regulation 38(1) (early payment of retirement pension on ill-health grounds: deferred members)"9. In regulation 19(2) (exclusion of rights to return of contributions) for "paragraph (1)(e)" substitute "paragraph (1)(b)".
10. In regulation 21 (assumed pensionable pay)-
(a) in paragraph (2)(b) after "child-related leave" insert "other than any part of that leave period where the pensionable pay received is greater than the assumed pensionable pay that the member would otherwise have been treated as receiving for that part of the leave period";(b) in paragraph (4) for "The annual rate of assumed pensionable pay" substitute "Subject to paragraph (4A), the annual rate of assumed pensionable pay";(c) in paragraph (4)(a)(i) and (4)(b)(i) for "regulations 39(2)(a) (calculation of ill-health pension amounts) and 40(3) (death grants: active members)" substitute "regulations 39(1)(a) (calculation of ill health pension amounts), 40(3) (death grants: active members), 41(4)(b) (survivor benefits: partners of active members), 42(4)(b), 42(5)(b), 42(9)(b) and 42(10)(b) (survivor benefits: children of active members)";(d) after paragraph (4) insert-"(4A) If the pensionable pay the member received in the periods specified in paragraph (4)(a)(i) or (4)(b)(i) was reduced as a result of absence due to a trade dispute or absence with permission from the member's Scheme employer, such reduction is to be ignored for the purposes of calculating the member's assumed pensionable pay.".11. In regulation 22 (pension accounts)-
(a) in paragraph (4) omit "or" after sub-paragraph (e) and at the end add-"(g) the member's benefits are commuted under regulation 34 (commutation and small pensions); or(h) the member's benefits are transferred to a different administering authority under regulation 103 (changes of administering authority)."; and(b) in paragraph (8) after the words "active member" where they first appear, insert "(other than where a member becomes entitled to deferred benefits as a consequence of a notice served under regulation 5(2) (ending active membership))" .12. In regulation 32 (commencement of pensions) after paragraph (5) insert-
"(5A) A notice may be given under paragraph (3) before the date the member fulfils any qualifying criteria for an election so long as that member fulfils the qualifying criteria on the date specified in the notice.".13. In regulation 36 (role of the IRMP)-
(a) for paragraph (1)(c) substitute-"(c) where a member has been working reduced contractual hours and had reduced pay as a consequence of the reduction in contractual hours, whether that member was in part time service wholly or partly as a result of the condition that caused or contributed to the member's ill-health retirement.";(b) after paragraph (2) insert-"(2A) For the purposes of paragraph (2) an IRMP is not to be treated as having advised, given an opinion on or otherwise been involved in a particular case merely because another practitioner from the same occupational health provider has advised, given an opinion on or otherwise been involved in that case.".14. For regulation 39(9)(a) (calculation of ill-health pension amounts) substitute-
"(a) in calculating assumed pensionable pay in accordance with regulation 21(4) (assumed pensionable pay) no account is to be taken of any reduction in the pensionable pay the member received if an IRMP has certified that the member was working reduced contractual hours wholly or partly as a result of the condition that caused or contributed to the member's ill-health retirement; and".15. In regulation 40 (death grants: active members)-
(a) in paragraph (3) at the end add ", but where in the opinion of an IRMP the member was at the date of death in part time service wholly or partly as a result of the condition that caused or contributed to the member's death, no account is to be taken of any reduction in pensionable pay due to such reduction in service as is attributable to that condition"; and(b) after paragraph (4) insert-"(5) In the case of an active member who is also a deferred member, pensioner member or deferred pensioner member of the Scheme, no death grant is payable under regulations 43 (death grants: deferred members) or 46 (death grants: pensioner members) but if the amount that would be payable under any of those regulations would be higher than the amount payable under this regulation, the amount payable under this regulation is that higher amount.".16. In regulation 41 (survivor benefits: partners of active members) in paragraph (4)(b), at the end, add ", but where in the opinion of an IRMP the member was at the date of death in part time service wholly or partly as a result of the condition that caused or contributed to the member's death, no account is to be taken of any reduction in pensionable pay due to such reduction in service as is attributable to that condition".
17. In regulation 42 (survivor benefits: children of active members) in paragraphs (4)(b), (5)(b), (9)(b) and (10)(b) at the end add ", but where in the opinion of an IRMP the member was at the date of death in part time service wholly or partly as a result of the condition that caused or contributed to the member's death, no account is to be taken of any reduction in pensionable pay due to such reduction in service as is attributable to that condition".
18. In regulation 44(8) (survivor benefits: partners of deferred members and deferred pensioner members) at the end add "with the modification that for the purposes of paragraph (4) the amount of pension the member would have been entitled to draw assumes that there had been no commutation under regulation 33 (election for lump sum instead of pension)".
19. In regulation 45(14) (survivor benefits: children of deferred members) at the end add "with the modification that for the purposes of paragraphs (4), (5), (9) and (10) the amount of pension the member would have been entitled to draw assumes that there had been no commutation under regulation 33 (election for lump sum instead of pension)".
20. In regulation 58 (funding strategy statement) for paragraph (4)(a) substitute-
"(a) the guidance set out in the document published in October 2012 by CIPFA, the Chartered Institute of Public Finance and Accountancy and called "Preparing and Maintaining a Funding Strategy Statement in the Local Government Pension Scheme 2012( 4); and".21. In...
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