Regulation 2

SCHEDULE 1 REGULATIONS REVOKED

The Local Government Pension Scheme Regulations 1997, except for the provisions listed below—

Regulation 13(2)(f), (g) and (h), (8) and (9);

Regulations 20(4)(a) and 20A;

Regulation 23, as it applies to a member in respect of whom a certificate is issued (whether before or after 1st April 2008) under paragraph (3) of that regulation relating to a reduction or restriction of pay occurring before 1st April 2008;

Regulation 42, as continued in force by regulation 6(3);

Regulation 55, as it applies to a member who has elected, before 1st April 2008, to make additional contributions to increase his total membership by an additional period.

Regulation 76, as it applies to the year ending 31st March 2008.

Regulations 83(1) to (8), (11) and (12);

Regulation 108(A);

Regulation 122(6C) and (6D);

Regulation 122A;

Regulations 136 to 142;

Regulation 144 to 161;

Schedules 1A, 5A, 6, 7 and 8.

The Local Government Pension Scheme (Transitional Provisions) Regulations 1997

The Local Government Pension Scheme (Amendment) Regulations 1998(8)

The Local Government Pension Scheme (Amendment) (Environment Agency) Regulations 1998(9)

The Local Government Pension Scheme Regulations 1997 (Amendment) Regulations 1998(10)

The Local Government Pension Scheme (Transitional Provisions etc) (Amendment) Regulations 1998(11)

The Local Government Pension Scheme (Miscellaneous Provisions) Regulations 1999(12)

The Local Government Pension Scheme (Amendment etc.) Regulations 1999(13)

The Local Government Pension Scheme (Amendment) Regulations 2000(14)

The Local Government Pension Scheme (Greater London Authority etc) Regulations 2000(15)

The Local Government Pension Scheme (Merseyside Transport Limited) Regulations 2000(16)

The Local Government Pension Scheme (Pension Sharing on Divorce) Regulations 2000(17) (except regulation 4)

The Local Government Pension Scheme (Miscellaneous) Regulations 2001(18)

The Local Government Pension Scheme (Amendment) Regulations 2001(19)

The Local Government Pension Scheme (Her Majesty’s Chief Inspector of Schools in England) (Transfers) Regulations 2001(20)

The Local Government Pension Scheme (Amendment No 2) Regulations 2001(21)

The Local Government Pension Scheme (Amendment) Regulations 2002(22)

The Local Government Pension Scheme (Miscellaneous) Regulations 2002(23)

The Local Government Pension Scheme and Discretionary Compensation (Local Authority Members in England) Regulations 2003(24)

The Local Government Pension Scheme (Amendment) Regulations 2003(25)

The Local Government Pension Scheme (Amendment) (No 2) Regulations 2003(26)

The Local Government Pension Scheme (Amendment) Regulations 2004(27)

The Local Government Pension Scheme and Discretionary Compensation (Members of County and County Borough Councils in Wales) Regulations 2004(28)

The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004(29)

The Local Government Pension Scheme (Amendment) Regulations 2005(30)

The Local Government Pension Scheme and Management and Investment of Funds (Amendment) Regulations 2005(31) (Regulations 2-7 only)

The Local Government Pension Scheme (Civil Partnership) (Amendment) Regulations 2005(32)

The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2005(33)

The Local Government Pension Scheme (Amendment) Regulations 2006(34)

The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2006(35)

The Local Government Pension Scheme (Amendment) Regulations 2007(36)

The Local Government Pension Scheme (Amendment) (No 2) Regulations 2007(37)

The Local Government Pension Scheme (Amendment) (No 3) Regulations 2007(38)

Regulation 10

SCHEDULE 2

1.  Subject to paragraph 7, where a member—

(a) makes a request to receive the immediate payment of retirement benefits under regulation 18(1) of the Benefits Regulations; and

(b) satisfies the 85 year rule;

that part of his retirement pension and grant which is calculated by reference to any period of membership before the relevant date shall not be reduced in accordance with regulation 18(2) of the Benefits Regulations.

2.  For the purposes of paragraph 1, the relevant date, for a member who was a member before 1st October 2006 is—

(a) in the case of a member who will be aged 60 or more on 31st March 2016, the earlier of—

(i) 1st April 2016, and

(ii) the date on the day after the day on which the member leaves local government employment; or

(b) in any other case, who was an active member immediately before 1st April 2008.

3.—(1) For the purposes of this Schedule, a member satisfies the 85 year rule if the sum of —

(a) his age in whole years on the date his local government service ends or the date he makes a request under regulation 18(1) of the Benefits Regulations if later;

(b) his total membership in whole years;

(c) in a case where he makes a request after his local government employment ends, the period beginning with the end of that employment and ending with the date he makes a request; and

(d) in the case of a person who was a member immediately before 1st April 1998, any qualifying period counted by virtue of regulation 123 of the 1997 Regulations which was awarded before 1st April 2008,

is 85 years or more.

(2) But, in calculating his total membership, no account is to be taken of any increase in membership awarded under regulation 12 of the Benefits Regulations.

4.—(1) This paragraph applies to a member to whom regulation 4 of these Regulations (membership accrued before 1^st April 2008: deferred members) or regulation 16 of the Administration Regulations (re-employed and rejoining deferred members) applies.

(2) Where such a member does not choose, or does not so choose as respects all periods of his membership, to be treated as if regulation 3 of these Regulations ) applied (membership accrued before 1st April 2008: active members), or to have his membership aggregated under regulation 16 of the Administration Regulations, as the case may be, then, then in applying paragraph 2 of this Schedule as respects any later membership, his total membership excludes unaggregated periods.

5.—(1) This paragraph applies to a member who was a member before 1^st October 2006 who—

(a) before 1st October 2006 elected to make additional contributions to the Scheme to increase his total membership under regulation 55(1) of the 1997 Regulations (payments to increase total membership); and

(b) was assumed to retire from a local government employment on a date before his 65th birthday (“the assumed date”) for the purposes of calculating his additional contributions under regulation 55(6) of the 1997 Regulations.

(2) Where a member to whom this paragraph applies—

(a) continues paying the additional contributions until the assumed date; and

(b) retires on or after the assumed date,

he shall not pay any additional contributions after that date and the whole of the additional period may be counted as part of his total membership.

(3) An additional period counted as a period of total membership as a result of this paragraph shall be treated as a period of membership before 1st April 2008.

6.—(1) Paragraphs 1 to 5 apply to a person who was a member before 1st October 2006 and who—

(a) leaves local government employment and ceases to be a member of the 1997 Scheme or the Scheme (whether before or after that date); and

(b) resumes such employment before the relevant date for the purposes of paragraph 1.

(2) And any period of membership after that resumption is aggregated with the period of membership accrued in his previous local government employment for the purposes of paragraph 1.

(3) But any increase in his total membership under regulation 12 of the Benefits Regulations is not counted for the purpose of paragraph 3(1)(c).

7.—(1) This paragraph applies to a member who retires, having reached the age of 60, on or after 1st April 2016 and before 1st April 2020, and who would (but for the provisions of paragraphs 1 and 2) have satisfied the 85 year rule before the latter date.

(2) That part of his retirement pension and grant which is calculated by reference to any period of membership after 31st March 2008 shall be reduced in accordance with guidance issued by the Government Actuary.