The Local Government Pension Scheme (Amendment) Regulations 2001

• Citation: S.I. 2001/1481
• Sections: 18

Section 1 Citation and commencement

(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2001.

(2) Subject to paragraph (3), these Regulations shall come into force on 1st May 2001 but—

(a) regulations 5, 6, 7, 9, 16(d) and 17(b) shall have effect from 1st April 1998;

(b) regulations 4 and 16(e) shall have effect from 15th December 1999;

(c) regulation 8 shall have effect from 13th January 2000;

(d) regulation 17(d) shall have effect from 17th July 2000;

(e) regulations 3(a), 17(a) and 18(a)(ii) and (iii) shall have effect from 1st December 2000;

(f) regulations 3(b), 11 to 15, 16(a), (b), (c), (f), (g), 17(c) and (e) and 18 (except sub-paragraphs (ii) and (iii) of paragraph (a)) shall have effect from 1st April 2001.

(3) Regulation 17(f) shall come into force on 1st September 2001.

Section 2 Amendment of Regulations

The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 18 of these Regulations.

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

In regulation 4(6) —

(a) after sub-paragraph (m), add—

(n) the Greater London Magistrates' Courts Authority

(b) after sub-paragraph (n), add—

(o) the Children and Family Court Advisory and Support Service

Section 4 Periods of membership

In regulation 9, after paragraph (6), add—

(7) Periods of membership before and after any unpaid period of maternity absence or period of parental leave in respect of which the member does not pay any contributions shall be treated as continuous.

Section 5 Obligatory contributions during absence

In regulation 17, after paragraph (3), insert—

(3A) If a person who is a member or has applied to be a member—

(a) goes on ordinary maternity leave, and

(b) is not entitled to receive pay (including statutory maternity pay payable to her under the Social Security Contributions and Benefits Act 1992 ) for all or any part of that period of leave,

for these Regulations she shall be treated as if she had paid contributions under paragraph (2) for the unpaid period of that ordinary maternity leave and on the pay that she would have received during that period but for her absence.

Section 6 Optional contributions during absences

In regulation 18(2)(a), for “goes on maternity leave” substitute “is on maternity leave, other than ordinary maternity leave,”.

Section 7 Final pay

In regulation 21, after paragraph (6), insert—

(6A) For the purposes of this Chapter, a member’s pay for any period of maternity absence during the final pay period in respect of which she pays or is treated as paying contributions is the pay she would have received had she not been absent.

Section 8 Power of employing authority to increase total membership of new members

In regulation 53, after paragraph (7) add—

(8) But paragraph (7) shall not apply in the case of a member who leaves an employment with an admission body.

Section 9 Employer’s contributions

In regulation 79, after paragraph (5) add—

(6) Where an employee—

(a) is treated, under regulation 17(3A), as if she had paid contributions, or

(b) has paid contributions during a period of maternity absence,

the pay on which the common percentage is calculated is the pay the employee would have received if she had not been absent.

Section 10 First instance decisions

In regulation 97, in the paragraph added after paragraph (13) by the Local Government Pension Scheme (Pension Sharing on Divorce) Regulations 2000 , for “(14)” substitute “(13A)”.

Section 11 Eligibility for active membership: employees etc. of non-Scheme employers

In regulation 127(6) at the end add “or, since 1st April 2001, by the Greater London Magistrates' Courts Authority”.

Section 12 Further cases of eligibility: non-employees

In regulation 131(2)(d), for “(outside the inner London area)” substitute “other than a justices' clerk for the Greater London Magistrates' Courts Authority who is not within a class of employees specified by that Authority in a relevant resolution (within the meaning of regulation 4(5)”.

Section 13 Members employed by magistrates' courts committees

In regulation 133, for paragraphs (1) and (2) substitute—

(1) These Regulations apply with the modifications specified in paragraphs (3) to (11) to a justices' clerk—

(a) employed by a magistrates' courts committee, other than the Greater London Magistrates' Courts Authority, or

(b) employed by the Greater London Magistrates' Courts Authority and within a class of employees specified by that Authority in a relevant resolution (within the meaning of regulation 4(5)).

(2) These Regulations apply with the modifications specified in paragraphs (5) to (11) to any other person as described in sub-paragraph (a) or (b) of paragraph (1).

Section 14 Certain employees of the committee of magistrates for the inner London area

Regulation 134 is revoked.

Section 15 Employees of National Probation Service local boards

For regulation 136, substitute—

Employees of National Probation Service local boards

(136)

(1) These Regulations apply to a person employed by a National Probation Service local board with the following modifications.

(2) In the application of regulation 11 (length of period of membership) to part-time service as a probation officer, instead of the fraction mentioned in paragraph (4) of that regulation, the appropriate fraction for each year of part-time service is the fraction—

(a) of which the numerator is the pay received by him in the year, and

(b) the denominator is the mean of the annual salary scale applicable to probation officers in respect of that year.

(3) For any year of part-time service before 1st April 1965, paragraph (2) applies as if the mean of the annual salary scale applicable to probation officers in respect of that year was £620 for male officers and £555 for female officers.

(4) Separate calculations must be made for each year of part-time service (and the calculations must be adjusted appropriately for periods of part-time service of less than a year).

(5) In the application of regulation 28(5) (enhanced membership periods in cases of ill-health) the appropriate fraction is the fraction specified in paragraph (2).

Section 16 Schedule 1: Interpretation

In Schedule 1 (interpretation)—

(a) in the definition of “City of London employing body”, delete paragraphs (b) and (c);

(b) for the definitions of “Justices' clerk (inner London area)” and “Justices' clerk (outside the inner London area)”, substitute—

“Justices' clerk” means a person who, under sections 40 or 42 of the Justices of the Peace Act 1997 has been or is deemed to have been appointed by a magistrates' courts committee to be a justices' clerk and includes any person who was so appointed as both a justices' clerk and a justices' chief executive;

(c) after the definition of “Money purchase benefits”, insert—

“National Probation Service local board” means a board established under section 4 of the Criminal Justice and Court Services Act 2000 ;

(d) after the definition “Official pension”, insert—

“Ordinary maternity leave” means, for any period prior to 22nd August 1996, leave under section 33 of the Employment Protection Consolidation Act 1978 and for any period commencing on or after 22nd August 1996, leave under section 71 of the Employment Rights Act 1996 ;

(e) after the definition “Ordinary maternity leave”, insert—

“Parental leave” means leave under regulation 13(1) of the Maternity and Parental Leave etc. Regulations 1999 ;

(f) delete the definition of “Probation committee”;

(g) for the definition of “Probation officer” substitute

“Probation officer” means a member of staff of a National Probation Service local board appointed to exercise the functions of an officer of the board but not any individual exercising the functions of an officer of a local board by virtue of section 5(2) of the Criminal Justice and Court Services Act 2000

Section 17 Scheme employers

In Schedule 2—

(a) after “A magistrates' courts committee” add “other than the Greater London Magistrates' Courts Authority”;

(b) for “a police authority within the meaning of the Police Act 1964” substitute “A police authority within the meaning of the Police Act 1996 ”;

(c) for “A probation committee” substitute “A National Probation Service local board”;

(d) after “An Education Action Forum within the meaning of section 11 of the School Standards and Framework Act 1998 ”, add “The National College for School Leadership” ;

(e) after “The National College for School Leadership”, add “The Standards Board for England” ; and

(f) after “The Standards Board for England”, add “a city academy within the meaning of the Education Act 1996 ”.

Section 18 Schedule 5: Appropriate funds

In Schedule 5—

(a) in paragraph 1 of the Notes to the Table in Part I—

(i) in sub-paragraph (4)(b), for paragraph (i) substitute—

(i) the National Probation Service local board for the area comprising the Metropolitan Police District and the City of London Police Area

(ii) in sub-paragraph (5)(e) , delete “or”; and

(iii) after sub-paragraph (5)(f), add—

, or

the Greater London Magistrates' Courts Authority

(b) in the Table in Part II, add at the end—

(6) Employee of the Children and Family Court Advisory and Support Service

(7) Employee of the Standards Board for England

(8) Employee of the National Probation Service local board for the Thames Valley Area

(9) Employee of the National Probation Service local board for the South Wales area

(10) Employee of the National Probation Service local board for the Dyfed Powys area