35.—(1) If a pensioner member dies before his 75th birthday, a death grant is payable.
(2) The administering authority at their absolute discretion may make payments in respect of the death grant to or for the benefit of the member’s nominee or personal representatives, or any person appearing to the authority to have been his relative or dependant at any time.
(3) The death grant is his pension multiplied by 10, but the amount so calculated is reduced by the amounts of any retirement pension paid to him.
36.—(1) If a pensioner member dies leaving a surviving spouse, nominated cohabiting partner or civil partner, that person is entitled to a pension.
(2) The pension is calculated by multiplying his total membership by his final salary and divided by 160.
(3) If there is more than one surviving spouse, they become jointly entitled in equal shares under paragraph (1).
37.—(1) The amount of the pension of an eligible child of a deceased pensioner member is calculated as follows.
(2) If a survivor benefit is payable under regulation 36—
(a) where there is only one such child, the pension is calculated by multiplying the member’s total membership used in calculating his benefits under these Regulations by his final pay, and dividing by 320; and
(b) where there is more than one such child—
(i) the pension is calculated by multiplying the member’s total membership used in calculating his benefits under these Regulations by his final pay, and dividing by 160; and
(ii) those children are jointly entitled in equal shares.
(3) If no survivor benefit is payable under regulation 36—
(a) where there is only one such child, the pension is calculated by multiplying the member’s total membership used in calculating his benefits under these Regulations by his final pay, and dividing by 240; and
(b) where there is more than one such child—
(i) the pension is calculated by multiplying the member’s total membership used in calculating his benefits under these Regulations by his final pay, and dividing by 120; and
(ii) those children are jointly entitled in equal shares.
38. Where a pension to which the Pensions (Increase) Act 1971 applies is payable out of an appropriate fund, any increase under that Act or the Pensions Increase Act 1974 must be paid from that fund.
39. A lump sum which is a trivial commutation lump sum within the meaning of section 166 of the Finance Act 2004 or a trivial commutation lump sum death benefit within the meaning of section 168 of that Act may be paid in accordance with the rules relating to the payment of such benefits under the Finance Act 2004.
40. Administering and employing authorities shall have regard to guidance to be issued by the Secretary of State, before 31st March 2009, as to the manner in which the costs of the Scheme will be met after 31st March 2010.
Signed by authority of the Secretary of State
Angela Smith
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd April 2007
(This note is not part of the Regulations)
These Regulations set out provisions relating to benefits, membership and contributions in the new Local Government Pension Scheme (“the Scheme”) which is to come into existence on 1st April 2008 and replace the Local Government Pension Scheme 1997 (“the 1997 Scheme”).
Regulation 1 contains definitions.
Regulation 2 sets out who is a member of the Scheme: broadly speaking, this is anyone who is, or could have been had it continued in existence, a member of the 1997 Scheme.
Regulation 3 contains a table of rates of contributions on pensionable pay, and makes provisions for part-time and term-time workers. “Pensionable pay” is defined in regulation 4.
Regulation 5 provides for a minimum membership of three months for entitlement to benefits in most cases, and regulations 6 and 7 explain how length of membership is calculated.
Regulations 8 to 11 provide for the calculation of final pay.
Regulations 12 and 13 respectively provide power for employing authorities to increase membership or award additional pension.
Regulations 14 and 15 respectively provide for voluntary additional payments to increase pension, and for AVCs.
Regulation 16 provides for the normal retirement age (65), regulation 17 for retirement after this age, and regulation 18 for flexible retirement.
Regulation 19 makes provision relating to redundancy and inefficiency, and regulation 20 makes provision relating to ill-health retirement.
Regulation 21 provides for commutation of pension, and regulation 22 places a limit on the total amount of benefits.
Regulations 23, 24 and 28 (active members), 32, 33 and 34 (deferred members) and 35,36 and 37 (pensioner members) provide for death grants, survivor benefits and children’s pension for the respective classes of member. Regulation 25 contains a definition of “nominated cohabiting partner” and regulation 26 of “eligible child” for these purposes. Regulation 27 makes further provision about children’s pensions.
Regulations 29 to 31 make provision relating to early payment of pension.
Regulation 38 provides for payment of increases under the Pensions (Increase Act 1971), regulation 39 for commutation of small pensions, and regulation 40 requires administering and employing authorities to have regard to guidance issued by the Secretary of State about future costs of the Scheme.
A regulatory impact assessment has been produced for these Regulations and is available via the Local Government Pension Scheme website at www.communities.gov.uk/lgps.