Statutory Instrument 2001 No. 3401

The Local Government Pension Scheme (Amendment No. 2) Regulations 2001

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© Crown Copyright 2001

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    " (3A) But the NRD of a member who was a member immediately before the commencement date is - 


(a) his 60th birthday if on the day before that day he has total membership of at least 25 years; or

(b) the day after the date on which he first has such total membership if that date is on or after his 60th birthday but before his 65th birthday.".

Elections as to use of accumulated value of AVCs
     4. For regulation 66, substitute - 

     " 66.  - (1) subject to paragraph (8), this regulation applies where a person - 


(a) leaves his employment with the employer who was his employing authority when he made an election under regulation 60(1) or 60(11) without entitlement to the immediate payment of retirement benefits;

(b) stops being an active member without leaving that employment;

(c) leaves his employment with the employer who was his employing authority when he made an election under regulation 60(1) or 60(11) with entitlement to the immediate payment of retirement benefits - 


(i) under regulation 25 (normal retirement) or 26 (redundancy etc.); or

(ii) by virtue of an election under regulation 31 (early payment); or



(d) becomes entitled to an ill-health pension under regulation 27.



    (2) Subject to paragraph (7), a person must elect to have the accumulated value used - 



(a) where paragraph (1)(a) applies to him, in one or more of the permissible ways; and

(b) where paragraph (1)(b) applies to him, in the way mentioned in paragraph (3)(b).



    (3) The permissible ways are - 



(a) to subscribe to an occupational pension scheme (other than the Scheme);

(b) to subscribe to a personal pension scheme (including an additional voluntary contributions scheme, other than an FSAVC scheme);

(c) to subscribe to a self-employed pension arrangement;

(d) to purchase an appropriate policy from one or more AVC insurance companies.



    (4) Where paragraph (1) (c) or (d) applies to a person, he may elect for the accumulated value to be used to provide additional pension for him under the Scheme, or partly to provide such pension for him.

    (5) Where a member makes an election under paragraph (4), he becomes entitled to such additional pension as is shown as appropriate in guidance issued by the Government Actuary.

    (6) The accumulated value may not be used to provide an additional lump sum benefit to the member unless it arises out of contributions made under any voluntary contributions scheme where the payments began before 8th April 1987.

    (7) Where a person who has stopped being employed by an employing authority or being a member receives - 



(a) an ill-health grant under regulation 27(3),

(b) a repayment of contributions under regulation 87, or

(c) a payment under regulation 88(2),



he must immediately be paid the accumulated value.

    (8) A person who made an election under regulation 60(1) prior to 13th November 2001 shall continue to have the rights to make elections as to the use of the accumulated value as under the provisions of this regulation prior to its amendment by the Local Government Pension Scheme (Amendment No. 2) Regulations 2001[4] and accordingly, so far as is necessary to give effect to those rights and to make provision for any matters incidental to them, those provisions shall be treated as if they had continued in effect.

    (9) In this regulation, "the accumulated value" means the accumulated value of the additional contributions invested under regulation 64(1).".

Cost of calculations for transfer of AVCs or SCAVCs into the Scheme where no transfer is requested
     5. In regulation 86 - 

(a) in paragraph (a), for "regulation 66(2)" substitute "regulation 66(4)" and for "to acquire transfer credits in the Scheme" substitute "to provide additional pension for him under the Scheme"; and

(b) for "transfer value" substitute "additional pension".

First instance decisions
     6. In regulation 97[5] - 

(a) in paragraph (9), after "on the ground of ill-health" insert "or infirmity of mind or body"; and

(b) after paragraph (9), insert the following new paragraph - 

    " (9A) The independent registered medical practitioner must be in a position to certify, and must include in his certification a statement, that - 


(a) he has not previously advised, or given an opinion on, or otherwise been involved in the particular case for which the certificate has been requested; and

(b) he is not acting, and has not at any time acted, as the representative of the member, the Scheme employer or any other party in relation to the same case.".

Recovery or retention where former member has misconduct obligation
     7. In regulation 113(3), for "regulation 66(5)" substitute "regulation 66(4)".

Excluded membership
     8. In the first column of paragraph 2 of the Table in Schedule 3, delete "by virtue of regulation 66(5) (including that regulation as it applies by virtue of regulation 72) or credited".

Schedule 7 Former Members of the Metropolitan Civil Staffs Superannuation Scheme
     9. In the heading of Schedule 7[6], for "Regulation 137A" substitute "Regulation 144A".



Signed by authority of the Secretary of State


Nick Raynsford
Minister of State, Department for Transport, Local Government and the Regions

15th October 2001

[2] S.I. 1997/1612; relevant amending instruments are S.I. 1998/1238, 1999/1212, 2000/3025, 2001/770.back

[3] Regulation 25 was amended by S.I. 2001/770, regulation 6.back

[4] S.I. 2001/3401.back

[5] Regulation 97 was amended by S.I. 1998/1238, regulation 28, S.I. 1999/1212, regulation 15 and S.I. 2000/3025, regulation 3 and the Schedule, paragraph 8.back

[6] Schedule 7 was added by S.I. 2001/770, regulation 27.back