Statutory Instrument 1997 No. 1612

      The Local Government Pension Scheme Regulations 1997


      © Crown Copyright 1997

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STATUTORY INSTRUMENTS


1997 No. 1612

PENSIONS

The Local Government Pension Scheme Regulations 1997

  Made 30th June 1997 
  Laid before Parliament 3rd July 1997 
  Coming into force 1st April 1998 


ARRANGEMENT OF REGULATIONS


PART I

PRELIMINARY PROVISIONS
1. Citation and commencement
2. Interpretation
3. Application to Isles of Scilly

PART II

PRIMARY PROVISIONS

CHAPTER I

MEMBERSHIP
Eligibility for active membership
4. General eligibility for membership: employees of Scheme employers etc.
5. Agreements to enable employees of non-Scheme employers to be members ("admission agreements")
6. Further restrictions on eligibility
Joining and leaving the Scheme
7. Joining the Scheme
8. Leaving the Scheme

CHAPTER II

COUNTING MEMBERSHIP FOR THE SCHEME
9. Periods of membership: "total membership"
10. Excluded membership
11. Length of period of membership: calculation of benefit

CHAPTER III

CONTRIBUTIONS
12. Members' contributions
13. Meaning of "pay"
14. Members with lower rate rights
15. Employer's discretion to reduce member's contribution rate
16. Inland Revenue limits on contributions
17. Obligatory contributions during absences
18. Optional contributions during absences

CHAPTER IV

BENEFITS
Preliminary
19. General qualification for benefits
20. Calculations
21. Final pay
22. Other final pay periods
23. Permanent reductions in pay: certificates of protection of pension benefits
24. Revenue limits
Retirement benefits
25. Normal retirement
26. Redundancy etc.
27. Ill-health
28. Amounts of ill-health pension and grant
29. Re-employed pensioners
30. Further provisions about elections under regulation 29
31. Other early leavers: deferred retirement benefits and elections for early payment
32. Re-employed and rejoining deferred members
33. Surrenders of pension
34. No double entitlement
35. Requirements as to time of payment
36. Guaranteed minimum pensions etc.
37. Revaluation of guaranteed minimum
Death grants
38. Death grants
39. Reduction of death grants: re-employed pensioners
Surviving spouses' pensions
40. Surviving spouse's short-term pension
41. Surviving spouse's long-term pension
42. Reduction of some surviving spouses' pensions
43. Surviving spouse's guaranteed minimum pension
Children's pensions
44. Meaning of "eligible child"
45. Children's short-term pensions
46. Children's long-term pensions
47. Discretions as to payment of children's pensions
48. Dependants of re-employed pensioners
Commutation
49. Commutation: small pensions
50. Commutation: exceptional ill-health

PART III

OPTIONAL ADDITIONAL BENEFITS

CHAPTER I

PRELIMINARY
51. Scope of Part III: limits on benefits

CHAPTER II

INCREASE OF MEMBERSHIP BY EMPLOYING AUTHORITY
52. Power of employing authority to increase total membership of members leaving employment at or after 50
53. Power of employing authority to increase total membership of new members
54. Effect of increases under this Chapter for older members

CHAPTER III

MEMBERS' OPTIONS TO INCREASE PENSIONS
Purchase of added years
55. Payments to increase total membership
56. Part-time employees
57. Effect of increases under this Chapter for older members
Conversion between lump sums and pensions
58. Election for pension in lieu of retirement grant
59. Election for lump sum in lieu of pension

CHAPTER IV

ADDITIONAL VOLUNTARY CONTRIBUTIONS
Members only AVC schemes
60. Elections to pay AVCs
61. Payment of AVCs
62. Functions of employing and administering authorities
63. Death benefits
64. Retirement benefits
65. Changes of employment in which membership is continued
66. Elections as to use of accumulated value of AVCs
Shared cost schemes (SCAVCs)
67. Establishment of shared cost AVC schemes (SCAVCs)
68. Applications to pay SCAVCs
69. Functions of employing and administering authorities
70. Application and investment of SCAVCs
71. Changes of employment in which membership is continued
72. Termination

PART IV

ADMINISTRATION

CHAPTER I

PENSION FUNDS AND EMPLOYERS' PAYMENTS
Pension funds
73. The pension funds
74. Appropriate funds
75. Admission agreement funds
76. Accounts and audit
77. Actuarial valuations and certificates
78. Special circumstances where revised actuarial valuations and certificates must be obtained
Employers' liability to make payments
79. Employer's contributions
80. Employer's further payments
81. Payments by employing authorities to appropriate administering authorities
Interest
82. Interest

CHAPTER II

MEMBERS' CONTRIBUTIONS
83. Discontinuance of additional contributions
84. Separate treatment of AVCs and SCAVCs from other contributions
85. Over-provision: calculation and return of surplus AVC and SCAVC funds
86. Cost of calculations for transfer of AVCs or SCAVCs into the Scheme where no transfer is requested
87. Rights to return of contributions
88. Exclusion of rights to return of contributions
89. Deduction and recovery of member's contributions

CHAPTER III

PAYMENT OF BENEFITS ETC.
90. Pension increases and cash equivalents under the Pension Schemes Act 1993
91. Pension increases under the Pensions (Increase) Acts
92. Contributions equivalent premiums
93. Commencement of pensions
94. Interest on late payment of certain benefits
95. Payments due in respect of deceased persons
96. Non-assignability

CHAPTER IV

DETERMINATIONS, INFORMATION AND RECORDS
Initial determinations of questions
97. First instance decisions
98. Notification of decisions under regulation 97
Resolution of disputes
99. Appointment of persons to resolve disputes
100. Right to apply for an appointed person to decide a disagreement
101. Notice of decisions by appointed persons under regulation 100
102. Reference of disagreement to the Secretary of State
103. Notice of decisions by the Secretary of State under regulation 102
104. Rights of representation
105. Appeals by administering authorities
Information and records
106. Statements of policy concerning exercise of discretionary functions
107. Information to be supplied by employees
108. Exchange of information by authorities

CHAPTER V

SPECIAL ADJUSTMENTS
Abatement during new employment
109. Statements of policy concerning abatement of retirement pensions in new employment
110. Application of abatement policy in individual cases
Misconduct
111. Forfeiture of pension rights after conviction of employment-related offences
112. Interim payments directions
113. Recovery or retention where former member has misconduct obligation
114. Protection of GMP rights
115. Transfer of sums from the pension fund to compensate for former member's misconduct

CHAPTER VI

TRANSFERS
Transfers out
116. Application of Chapter IV of Part IV of the Pension Schemes Act 1993
117. Rights to payment out of fund authority's pension fund
118. Contracting-out requirements affecting transfers out
Bulk transfer arrangements
119. Bulk transfers (transfers of undertakings) etc.
120. Calculation of amount of transfer payment under regulation 119
Transfers in
121. Inward transfers of pension rights
122. Right to count credited period
123. Rights as to service not matched by credited period
Community scheme transferees
124. Community scheme transferees
Payments between funds and authorities
125. Changes of fund
126. Liability for combined benefits

PART V

SPECIAL CASES

CHAPTER I

ELIGIBILITY
127. Eligibility for active membership: employees etc. of non-Scheme employers
128. Supplementary provisions about employees within regulation 127
129. Miscellaneous transport employees
130. Miscellaneous airport employees
131. Further cases of eligibility: non-employees
132. Separate employments etc.

CHAPTER II

MODIFICATIONS FOR CERTAIN EMPLOYEES ETC.
Members who may retire at 70 etc.
133. Members employed by magistrates' courts committees
134. Certain employees of the committee of magistrates for the inner London area
135. Coroners
Employees of probation committees
136. Employees of probation committees
City of London and other contributory employees
137. Certain City of London employees and former contributors
Local government re-organisation
138. Transfers under the Local Government Act 1992 etc.
139. Local government reorganisation
140. Former employees of Manchester Corporation
141. Transferees under s.18(4)(a) of the National Health Service Reorganisation Act 1973
Reduction of pensions of certain former teachers
142. Deduction for teachers' pension payments
Conversion of Discretionary Payments Regulations periods into membership
143. Conversion of periods credited under Discretionary Payments Regulations etc. into membership
Environment Agency Closed Fund
144. The Environment Agency Closed Fund
Rights under section 12 of the Superannuation Act 1972
145. Rights under section 12 of the Superannuation Act 1972

SCHEDULES

  Schedule 1 Interpretation

  Schedule 2 Scheme employers

  Schedule 3 Excluded membership

  Schedule 4 Revenue restrictions

  Schedule 5 Appropriate funds

  Schedule 6 Certain City of London employees and former contributors

 Explanatory Note
 
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© Crown copyright 1997
Prepared 31 July 1997