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

• Citation: S.I. 2000/1164
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Local Government Pension Scheme (Greater London Authority etc.) Regulations 2000.

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

(a) except for regulation 8, on 18th May 2000 but subject to paragraph (3);

(b) regulation 8 on 3rd July 2000.

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

(a) regulation 3(a) from 1st April 1999;

(b) regulations 4 and 10 from 7th February 2000;

(c) regulations 3(b), 5, 6, 7 and 9(d) from 1st April 2000.

Section 2 Amendment of Regulations

The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 9 of these Regulations.

Section 3 General eligibility for membership: resolution bodies

In regulation 4(6) —

(a) in sub-paragraph (f) for “listed in that Schedule” substitute “listed in Schedule 2”; and

(b) at the end, add the following sub-paragraphs—

(i) Transport for London;

(j) the London Development Agency;

(k) the Metropolitan Police Authority;

(l) the London Transport Users' Committee;

(m) the Cultural Strategy Group for London

Section 4 Greater London Authority Act 1999—persons appointed by the Secretary of State

After regulation 130, insert the following regulation—

Persons appointed by the Secretary of State under the Greater London Authority Act 1999

(130A)

(1) A person appointed by the Secretary of State under section 407 of the Greater London Authority Act 1999 on terms and conditions that he is to be a member of the Scheme may be an active member while his employment with the Secretary of State lasts.

(2) These Regulations apply to such employment with the Secretary of State in the same way as if the Secretary of State were a Scheme employer.

(3) The appropriate fund for a person mentioned in paragraph (1) shall be the fund maintained by the London Pensions Fund Authority

Section 5 Greater London Authority Act 1999—persons whose employment is transferred to the Secretary of State

After regulation 130A, insert the following regulation—

(130B)

(1) A person who prior to 1st April 2000 was in local government employment and whose employment is transferred to the Secretary of State by virtue of sections 408 to 410 of the Greater London Authority Act 1999 may be an active member while in that employment.

(2) These Regulations apply to such employment with the Secretary of State in the same way as if the Secretary of State were a Scheme employer.

(3) The appropriate fund for a person mentioned in paragraph (1) shall be the fund maintained by the London Pensions Fund Authority

Section 6 Further cases of eligibility: non-employees

In regulation 131—

(a) in paragraph (2) add—

(e) the Mayor of London;

(f) a member of the London Assembly;

(g) the chairman of the London Transport Users' Committee

(b) after paragraph (12) add—

(13) If the Mayor of London or a member of the London Assembly is an active member, he must be treated as being in the employment of the Greater London Authority.

(14) If the chairman of the London Transport Users' Committee is an active member, he must be treated as being in employment with that Committee.

Section 7 School Crossing Patrols

After regulation 144, insert the following regulation—

School crossing patrols

(144A)

(1) These Regulations apply with the modifications in paragraphs (2) to (13) to a person who—

(a) was appointed prior to 1st April 2000 by the Commissioner of Police of the Metropolis under section 26 of the Road Traffic Regulation Act 1984 to patrol school crossings;

(b) was a member of the Metropolitan Civil Staffs Superannuation Scheme immediately before that date; and

(c) is a member of the Scheme by reason of the transfer of his employment on 1st April 2000 to a London borough council or a county council pursuant to section 26 of the Road Traffic Regulation Act 1984.

(2) For regulation 6(3) (latest retirement age) substitute—

(3) A person may not be or become an active member after—

(a) his 75th birthday, or

(b) any earlier date after his 65th birthday when his total membership equals his permitted maximum.

(3) In regulation 19(2)(a), (general qualification for benefits), regulation 25(3), (4)(b) and (c) (normal retirement) and regulation 27(5) (ill-health) for “65th birthday” substitute “75th birthday”.

(4) In regulation 28(3) (enhanced membership period in cases of ill-health), regulation 52(2)(c) (power of employing authority to increase total membership) and paragraph 8(2)(b) of Schedule 4 (maximum addition under regulations 53 and 55) for “65” substitute “75”.

(5) Regulations 9(1A), 20(4A), 25A and 38(5A) shall not apply.

(6) Any period of service as a member of the Metropolitan Civil Staffs Superannuation Scheme shall count towards the membership period required before the person is entitled to any benefit under these regulations and such service shall be counted as its actual length.

(7) A person who leaves employment on or after age 60 with total membership of at least 5 years is entitled to the immediate payment of retirement benefits.

(8) This paragraph applies to a member—

(a) in respect of whom a transfer value has been accepted by his fund authority (within the meaning of regulation 121(4) (inward transfers of pension rights)) from the managers of the Metropolitan Civil Staffs Superannuation Scheme, and

(b) who has not been married at any time during his membership of the Metropolitan Civil Staffs Superannuation Scheme or of the Scheme.

(9) A member to whom paragraph (8) applies is entitled on retirement to a refund of his contributions or a fraction of his contributions calculated as in paragraph (10).

(10) The person is entitled to a refund—

(a) of all contributions paid while a member of the MCSSS, and

(b) 25 per cent. of the contributions paid while a member of the Scheme.

(11) The contributions shall be repaid with interest, at a rate to be determined from time to time by the Secretary of State, from the date that the contribution was paid to the date of repayment of the contribution.

(12) The fund authority must deduct from any repayment under this regulation any tax to which they may become chargeable under section 589 of the Taxes Act (charge to tax on repayment of employee’s contributions) .

(13) A surviving spouse or children of a person to whom contributions are repaid under paragraph (9) is not entitled to any benefits under regulations 40 to 48.

Section 8 The London Fire and Emergency Planning Authority

In Schedule 2 and in paragraph 1(4)(b)(iv) of the Notes to Part I of Schedule 5, for “London Fire and Civil Defence Authority” substitute “London Fire and Emergency Planning Authority” .

Section 9 Appropriate Funds

In Schedule 5—

(a) in paragraph 1 of Part I, after sub-paragraph (2) insert as a new sub-paragraph—

(2A) Where a member is within paragraph 8 of that Table and is an employee of the governing body of a voluntary, foundation or foundation special school who is deemed to be in employment with a local education authority, the Secretary of State may by direction substitute the fund maintained by the London Pensions Fund Authority as his appropriate fund

(b) in sub-paragraph (3), for “doing so” substitute “giving a direction under sub-paragraph (2) or (2A)”;

(c) in paragraph 1(1) of the Notes to Part I, for “or (4)” substitute “(4) or (5)”;

(d) at the end of paragraph 1 of those Notes, add as a new sub-paragraph—

(5) This sub-paragraph applies to a person who is an employee of—

(a) the Greater London Authority,

(b) Transport for London,

(c) the London Development Agency,

(d) the Metropolitan Police Authority,

(e) the London Transport Users' Committee, or

(f) the Cultural Strategy Group for London.

(e) in column 1 of paragraph 3 of the Table in Part II, insert “or” after “a higher education corporation” and delete “or the governing body of a grant-maintained school”; and

(f) in paragraph 1 of the Notes to Part II, delete “or school” where it appears.

Section 10 Inter fund transfers

Where a member’s appropriate fund (which expression has the meaning given in regulation 74 of the Local Government Pension Scheme Regulations 1997) changes by reason of a transfer of employment by virtue of the Greater London Authority Act 1999, regulation 125 of those Regulations (changes of fund) shall apply as if there were inserted after paragraph (3) the following—

(3A) Such determination shall be made within twelve months of the date of transfer.

(3B) In the event that the actuaries appointed for the purpose of agreeing the amount cannot agree within that time, the matter shall be referred immediately after that twelve month period, or earlier if they jointly request it, to an independent actuary appointed by Secretary of State to make the determination.