The Local Government Pension Scheme (Miscellaneous Provisions) Regulations 1999

• Citation: S.I. 1999/1212
• Sections: 25

Section 1 Citation and commencement

(1) These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous Provisions) Regulations 1999.

(2) These Regulations shall come into force as follows–

(a) except for regulations 15 and 21, on 20th May 1999, but subject to paragraph (3);

(b) regulation 15, on 1st July 1999;

(c) regulation 21, on 1st September 1999.

(3) The following provisions shall have effect from the following dates–

(a) regulations 7, 14, 24 and 25 from 1st April 1998;

(b) regulation 22(a) from 1st September 1998;

(c) regulations 3, 4, 5, 10, 12, 16, 17 and 22(b) from 1st April 1999.

Section 2 Amendment of Regulations

The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 22 of these Regulations.

Section 3 General eligibility for membership: employees of Scheme employers etc.

In regulation 4(6), delete sub-paragraph (e).

Section 4 Agreements to enable employees of non-Scheme employers to be members (“admission agreements”)

In regulation 5–

(a) after paragraph (6), insert as a new paragraph–

(6A) An administering authority must notify the Commissioners of Inland Revenue of the admission of an admission body within the time prescribed in regulations made under section 605 of the Taxes Act and provide such information as may be so prescribed.

(b) in paragraph (8), after sub-paragraph (g) add as a new sub-paragraph–

(h) a company for the time being subject to the influence of a local authority as described in section 69 of the Local Government and Housing Act 1989

Section 5 Further restrictions on eligibility

In regulation 6, after paragraph (2), insert as a new paragraph–

(2A) A person who is not eligible for membership of a Teachers scheme because of the provisions of regulation B4(2) of the Teachers' Pensions Regulations 1997 (re-employed teachers) is not entitled to be a member.

Section 6 Periods of membership: “total membership”

In regulation 9, after paragraph (1), insert as a new paragraph–

(1A) A person who remains in service after his 65th birthday as referred to in regulation 25A(1) may not count as a period of membership any period of service between age 65 and the date of his retirement from service but he shall be treated as an active member for the purposes of regulations 40 to 46 (surviving spouse’s and children’s pensions).

Section 7 Meaning of “pay”

In regulation 13 –

(a) in paragraph (2), for sub-paragraph (f) substitute–

(f) any amount treated as the money value to the employee of the provision of a motor vehicle or any amount paid in lieu of such provision (but see paragraphs (8) and (9);

(b) for paragraph (8) substitute–

(8) Where–

(a) a member’s contribution under regulation C2 or C3 of the 1986 regulations for a period including 31st December 1992 was based on pay which for the 1986 regulations as then in force included an amount representing the money value to him of the provision of a motor vehicle or an amount in lieu of such provision and immediately before the commencement date his remuneration for the 1995 regulations included such an amount, or

(b) immediately before the commencement date his remuneration for the 1995 regulations included an amount in lieu of the provision of a motor vehicle as referred to in paragraph 7(2)(b) of Schedule C2 to the 1995 regulations ,

then his pay includes such an amount.

(9) But paragraph (8) shall cease to apply if–

(a) he leaves employment with the employing authority who were employing him on–

(i) 31st December 1992; or

(ii) where appropriate under the provisions of paragraph 7 of Schedule C2 to the 1995 regulations, on the commencement date of the 1995 regulations,

otherwise than as a result of a transfer to another Scheme employer which is beyond his control; or

(b) he is neither provided with a motor vehicle nor receives an amount representing the money value to him of the provision of such a vehicle.

Section 8 Calculations

In regulation 20, after paragraph (4), insert as a new paragraph–

(4A) Benefits payable to a person who remains in service after his 65th birthday as referred to in regulation 25A(1) shall be increased at such a rate as is shown as appropriate in guidance issued by the Government Actuary in respect of each day that payment of benefits is delayed between his 65th birthday and the date of his retirement.

Section 9 Retirement after the normal retirement date

After regulation 25, insert as a new regulation–

Retirement after the normal retirement date

(25A)

(1) A member who with the consent of his employing authority remains in service after his 65th birthday is entitled to a pension and retirement grant when he retires from service.

(2) The pension and retirement grant are payable immediately on retirement.

Section 10 Ill health

In regulation 27–

(a) in paragraph (1), after “the duties of that employment” insert “or any other comparable employment with his employing authority”;

(b) add as a new paragraph (5)–

(5) In paragraph (1)–

“comparable employment” means employment in which, when compared with the member’s employment–

the contractual provisions as to capacity either are the same or differ only to an extent that is reasonable given the nature of the member’s ill-health or infirmity of mind or body; and

the contractual provisions as to place, remuneration, hours of work, holiday entitlement, sickness or injury entitlement and other material terms do not differ substantially from those of the member’s employment; and

“permanently incapable” means incapable until, at the earliest, the member’s 65th birthday.

Section 11 Death grants

In regulation 38, after paragraph (5), insert as a new paragraph–

(5A) The multiplier for the death grant of a member who remains in service after his 65th birthday as referred to in regulation 25A(1) is whichever of–

(a) 2, or

(b) gives the greater amount.

Section 12 Power of employing authority to increase total membership of members leaving employment at or after 50

In regulation 52(9), after “under regulation 8” insert “, or been paid compensation under regulation 32,”.

Section 13 Elections to pay Additional Voluntary Contributions

In regulation 60, after paragraph (10), add as a new paragraph–

(11) A member who is in active service may elect to transfer into his additional voluntary contributions scheme constituted under this Chapter the accumulated value of any other additional voluntary contributions scheme to which he has subscribed.

Section 14 Special circumstances where revised actuarial valuations and certificates must be obtained

In regulation 78–

(a) in paragraph (2), for sub-paragraphs (a) and (b) substitute–

(a) an actuarial valuation as at the date it ceases of the liabilities of the admission body which is a party to that admission agreement (“the outgoing admission body”), and

(b) a revision of any rates and adjustments certificate for any fund which is affected, showing the revised contributions due from the outgoing admission body.

(b) after paragraph (2), insert as a new paragraph–

(2A) But where it is not possible for any reason to obtain revised contributions from the outgoing admission body, the administering authority may obtain a further revision of any rates and adjustments certificate for the fund, showing the revised contributions due from each employing authority who contributes to that fund.

Section 15 First instance decisions

In regulation 97–

(a) in paragraph (9), after “independent registered medical practitioner” insert “who is qualified in occupational health medicine”; and

(b) after paragraph (13), add as a new paragraph–

(14) In paragraph (9)–

(a) “permanently incapable” has the meaning given by regulation 27(5), and

(b) “qualified in occupational health medicine” means holding a diploma in occupational medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA State (which has the meaning given by the European Specialist Medical Qualifications Order 1995) or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State.

Section 16 Eligibility for active membership: employees etc. of non-Scheme employers

(1) In regulation 127(1)–

(a) for sub-paragraph (a) substitute–

(a) the governing body of a voluntary school

(b) insert after sub-paragraph (a) as a new sub-paragraph–

(aa) the governing body of a grant-maintained or grant-maintained special school or, from 1st September 1999, of a foundation or foundation special school (within the meaning of the School Standards and Framework Act 1998 ) maintained by a local education authority; or

(2) In regulation 127, after paragraph (1), insert as a new paragraph–

(1A) During the period beginning on 1st April 1999 and ending immediately before 1st September 1999 a grant-maintained or grant-maintained special school shall, for the purpose of this regulation, be treated as a school maintained by a local education authority.

(3) In regulation 127(2), delete “governors or”; and

(4) In regulation 127, after paragraph (2), insert as new paragraphs–

(2A) A person may be an active member if he is an employee of the governing body of a school which prior to 1st April 1999 passed a resolution under regulation 4(5) and he is either–

(a) an employee specified in such resolution, or

(b) within the class of employees specified in that resolution.

(2B) A person may be an active member if he is an employee of the governing body of a school which prior to 1st April 1999 was a Scheme employer.

Section 17 Supplementary provisions about employees within regulation 127

In regulation 128(1), after “regulation 127(1)” insert “, (2A) or (2B)”.

Section 18 Members employed by magistrates' courts committees

In regulation 133–

(a) after paragraph (3), insert as new paragraphs–

(3A) In regulation 9(1A) for “65th birthday” and “65” substitute “70th birthday” and “70” respectively.

(3B) In regulations 20(4A) (in both places), 25A(1) and 27(5), for “65th birthday” substitute “70th birthday”.

(b) after paragraph (4), insert as a new paragraph–

(4A) In regulation 38(5A), for “65th birthday” substitute “70th birthday”.

Section 19 Certain employees of the committee of magistrates for the inner London area

In regulation 134–

(a) after paragraph (3), insert as new paragraphs–

(3A) In regulation 9(1A) for “65th birthday” and “65” substitute “70th birthday” and “70” respectively.

(3B) In regulations 20(4A) (in both places), 25A(1), and 27(5) for “65th birthday” substitute “70th birthday”.

(b) after paragraph (4), insert as a new paragraph–

(4A) In regulation 38(5A), for “65th birthday” substitute “70th birthday”.

Section 20 Coroners

In regulation 135–

(a) after paragraph (2) insert as new paragraphs–

(2A) In regulation 9(1A) for “65th birthday” and “65” substitute “70th birthday” and “70” respectively.

(2B) In regulations 20(4A) (in both places), 25A(1), and 27(5) for “65th birthday” substitute “70th birthday”.

(b) after paragraph (3) add as a new paragraph–

(4) In regulation 38(5A), for “65th birthday” substitute “70th birthday”.

Section 21 Interpretation

In Schedule 1, in the definition of “Voluntary school”, for “the Education Act 1996” substitute “the School Standards and Framework Act 1998”.

Section 22 Scheme Employers

In Schedule 2–

(a) add at the end–

An Education Action Forum within the meaning of section 11 of the School Standards and Framework Act 1998

(b) delete–

The governing body of a grant-maintained school which immediately before becoming such a school was a county school

Section 23 Right to opt out

(1) Where–

(a) apart from this regulation, the amendments made by any provisions of regulations 2 to 20 would place any relevant beneficiary in a worse position than he would otherwise be, and

(b) that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with the date on which that provision comes into force,

then the Local Government Pension Scheme Regulations 1997 shall have effect in relation to him as if those amendments had never been made.

(2) For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who

(a) ceased to hold an employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or

(b) died while in such employment,

before the date on which the relevant provision comes into force.

Section 24 The Local Government Pension Scheme (Transitional Provisions) Regulations 1997

The Local Government Pension Scheme (Transitional Provisions) Regulations 1997 are amended as follows–

(a) in regulation 22(3), insert before sub-paragraph (a) as a new sub-paragraph–

(aa) after paragraph (1) add the following as a new paragraph–

(1A) If a member leaves a local government employment (or is treated for these Regulations as if he had done so) on or after age 50 he may elect to receive payment of his retirement benefits immediately.

(b) In Schedule 2–

(i) in paragraph 1, before the definition of “active pensioner” insert–

“active deferred member” means any person who was a deferred member and an active member immediately before the commencement date and continues as an active member on that date by virtue of regulation 3.

(ii) in paragraph 4(1), at the beginning insert “An active deferred member,”;

(iii) in paragraph 5(1), for “a rejoining pensioner or” substitute “a rejoining pensioner, an active deferred member or a”;

(iv) in paragraph 8(1), after “a rejoining pensioner” insert “, an active deferred member”; and

(v) in paragraph 8(2), after “ceases to apply to” insert “an active deferred member or”.

Section 25 The Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997

In regulation 3 of the Local Government Pension Scheme (Provision of Information, Administrative Expenses and Restitution) Regulations 1997 for “regulation 8(9)” substitute “regulation 7(9)”.