The Local Government Pension Scheme (Amendment) Regulations 2002

• Citation: S.I. 2002/206
• Sections: 12

Section 1 Citation and commencement

(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2002.

(2) These Regulations shall come into force on 6th March 2002 but—

(a) regulation 9 shall take effect from 1st April 1998;

(b) regulation 12 shall take effect from 1st April 2001; and

(c) regulation 7 shall take effect from 2nd April 2001.

Section 2 Amendment of Regulations

The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 12 of these Regulations.

Section 3 Agreements to enable employees of non-Scheme employers to be members (“admission agreements”)

In regulation 5(17) (j) —

(a) after “which is a Scheme employer” insert “or an admission body”; and

(b) in sub-paragraph (iii) after “best value arrangement” insert “and, in the case of an admission body, is approved by the Secretary of State for the purpose of entering into an admission agreement with a transferee admission body”.

Section 4 Meaning of “pay”

In regulation 13(2) , omit “or”at the end of sub-paragraph (f) and after sub-paragraph (g) add—

; or

a payment made in consequence of a School Achievement Award under the scheme established by the Secretary of State known as the School Achievement Award Scheme

Section 5 Amounts of ill-health pension and grant

In regulation 28 —

(a) in paragraph (5)—

(i) after the words “the resulting period” insert “by multiplying it”; and

(ii) for “but see paragraph (8)” substitute “but see paragraphs (5A) and (8)”; and

(b) after paragraph (5), insert the following paragraph—

(5A) The member’s enhanced membership period must not be reduced below that which is calculated by reference to his membership in whole-time employment, disregarding his membership in part-time employment.

Section 6 Reduction of death grants: re-employed pensioners

Omit regulation 39.

Section 7 Commencement of pensions

In regulation 93(2), in sub-paragraph (a) omit “and” and insert after that sub-paragraph the following sub-paragraph—

(aa) in a case where he elects under paragraph (7) of that regulation for an earlier date than his NRD , with that date, and

Section 8 Inward transfers of pension rights

In regulation 121(2) —

(a) insert “or” at the end of sub-paragraph (c); and

(b) at the end of sub-paragraph (d) omit “, or” and the whole of sub-paragraph (e).

Section 9 Rights as to service not matched by credited period

In regulation 123(2)(b) for “regulation 25(4)” substitute “regulation 25(3A)” .

Section 10 Schedule 2: Scheme Employers

In Schedule 2 , add at the end—

A body set up by a local authority, in exercise of powers under section 2 of the Local Government Act 2000 as a housing management company to exercise management functions as agent of the local authority under an arrangement approved by the Secretary of State under section 27 of the Housing Act 1985 .

Section 11 Schedule 3: Excluded membership

In Schedule 3, in the Table —

(a) in paragraph 1, column 2 omit “regulation 6(3) and (5) or”; and

(b) omit paragraph 2, columns 1 and 2.

Section 12 Schedule 5: Appropriate funds

In Schedule 5, in the second column of paragraph 9 of the Table in Part II for “Swansea County Council” substitute “Rhondda, Cynon, Taff County Borough Council”.