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Statutory Instruments

2008 No. 239

pensions, england and wales

The Local Government Pension Scheme (Administration) Regulations 2008

Made

6th February 2008

Laid before Parliament

14th February 2008

Coming into force

1st April 2008

Contents

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Citation, commencement and application

    2. 2. Interpretation

    3. 3. Application to Isles of Scilly

  2. PART 2

    MEMBERSHIP OF SCHEME

    1. 4. General eligibility for membership

    2. 5. Employees of non-Scheme employers: community admission bodies

    3. 6. Employees of non-Scheme employers: transferee admission bodies

    4. 7. Admission agreements – further provisions

    5. 8. Eligibility for membership of employees of other bodies not listed in Schedule 2

    6. 9. Eligibility in certain cases of persons who are not employees

    7. 10. Supplementary provisions for certain members

    8. 11. Separate employments etc

    9. 12. Further restrictions on eligibility

    10. 13. Joining the Scheme

    11. 14. Ending of membership

    12. 15. Periods of membership

    13. 16. Re-employed and rejoining deferred members

    14. 17. Concurrent employments

  3. PART 3

    CONTRIBUTIONS

    1. 18. Contributions during child-related leave

    2. 19. Contributions during reserve forces service leave

    3. 20. Contributions during trade dispute absence

    4. 21. Contributions during absences with permission

    5. 22. Applications to make absence contributions

    6. 23. Payment of additional regular contributions (ARCs)

    7. 24. Discontinuance of ARCs

    8. 25. Additional voluntary contributions and shared cost additional voluntary contributions

    9. 26. Use of accumulated value of AVCs and SCAVCs

    10. 27. Separate treatment of AVCs and SCAVCs from other contributions

    11. 28. Cost of calculations of additional pension where no notification given under regulation 26(4)

  4. PART 4

    PENSION FUNDS AND EMPLOYERS’ PAYMENTS

    1. 29. The pension funds

    2. 30. Appropriate funds

    3. 31. Pension funds: governance compliance statement

    4. 32. Admission agreement funds

    5. 33. Accounts and audit

    6. 34. Pension fund annual report

    7. 35. Funding strategy statement

    8. 36. Actuarial valuations and certificates

    9. 37. Supply of copies of valuations, certificates etc

    10. 38. Special circumstances where revised actuarial valuations and certificates must be obtained

    11. 39. Employer’s contributions

    12. 40. Employer’s payment following resolution to increase membership or award additional pension

    13. 41. Employer’s further payments

    14. 42. Payment by employing authorities to appropriate administering authorities

    15. 43. Additional costs arising from employing authority’s level of performance

    16. 44. Interest

    17. 45. Deduction and recovery of member’s contributions

    18. 46. Rights to return of contributions

    19. 47. Exclusion of rights to return of contributions

  5. PART 5

    PAYMENT OF BENEFITS ETC

    1. 48. Pension increases under the Pension Schemes Act 1993

    2. 49. Contributions equivalent premiums

    3. 50. Commencement of pensions

    4. 51. Interest on late payment of certain benefits

    5. 52. Payments due in respect of deceased persons

    6. 53. Non-assignability

  6. PART 6

    DETERMINATION OF QUESTIONS AND DISPUTES

    1. 54. Interpretation of Part

    2. 55. First instance decisions - general

    3. 56. First instance determinations: ill-health

    4. 57. Notification of first instance decisions

    5. 58. Applications to resolve disagreements

    6. 59. Notice of decisions on disagreements

    7. 60. Reference of disagreement for reconsideration by appropriate administering authority

    8. 61. Notice of decisions on reconsideration of disagreement

    9. 62. Rights of representation

    10. 63. Appeals by administering authorities

  7. PART 7

    POLICY STATEMENTS AND INFORMATION

    1. 64. Exchange of information by authorities

    2. 65. Pension administration strategy

    3. 66. Statements of policy about exercise of discretionary functions

    4. 67. Statements of policy concerning communications with members and employing authorities

    5. 68. Annual benefit statements

    6. 69. Information to be supplied by employees

  8. PART 8

    SPECIAL ADJUSTMENTS

    1. 70. Statements of policy concerning abatement of retirement pensions in new employment

    2. 71. Application of abatement policy to individual cases

    3. 72. Forfeiture of pension rights after conviction of employment-related offences

    4. 73. Interim payments directions

    5. 74. Recovery or retention where former member has misconduct obligation

    6. 75. Protection of guaranteed minimum pension rights

    7. 76. Transfer of sums from the pension fund to compensate for former member’s misconduct

  9. PART 9

    TRANSFERS

    1. 77. Interpretation of Part

    2. 78. Application of Chapter 4 etc

    3. 79. Rights to payment out of fund authority’s pension fund

    4. 80. Contracting-out requirements affecting transfers out

    5. 81. Bulk transfers (transfers of undertakings etc.)

    6. 82. Calculation of amount of transfer payment under regulation 81

    7. 83. Inward transfers of pension rights

    8. 84. Right to count credited period

    9. 85. Community scheme transferees

    10. 86. Changes of fund

    11. 87. Changes of fund and variable time employees

    1. SCHEDULE 1

      INTERPRETATION

    2. SCHEDULE 2

      SCHEME EMPLOYERS

      1. PART 1

      2. PART 2

    3. SCHEDULE 3

      MATTERS TO BE INCLUDED IN ADMISSION AGREEMENTS WITH TRANSFEREE ADMISSION BODIES

    4. SCHEDULE 4

      APPROPRIATE FUNDS

Go to Explanatory Note

The Secretary of State for Communities and Local Government makes these Regulations in exercise of the powers conferred by section 7 of the Superannuation Act 1972 (1).

In accordance with section 7(5) of the Superannuation Act 1972 the Secretary of State consulted such associations of local authorities as appeared to her to be concerned; the local authorities with whom consultation appeared to her to be desirable; and such representatives of other persons likely to be affected by the Regulations as appeared to her to be appropriate.

(1)

1972 c.11. Back [1]

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