The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004

• Citation: S.I. 2004/3372
• Sections: 27

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004.

(2) These Regulations shall come into force on 1st April 2005.

(3) In these Regulations, “the principal Regulations ” means the Local Government Pension Scheme Regulations 1997 .

(4) These Regulations extend to England and Wales .

Section 2 Amendment of Regulations

The principal Regulations shall be amended in accordance with regulations 3 to 15 of these Regulations.

Section 3 Normal retirement

In regulation 25, delete paragraph (3A).

Section 4 Redundancy etc.

In regulation 26(1), for “50” substitute “55”.

Section 5 Other early leavers: deferred retirement benefits and elections for early payment

In regulation 31—

(a) in paragraph (1), for “50” substitute “55”;

(b) in paragraph (4), delete the words from the beginning of the paragraph up to and including “is less than 85 years,”; and

(c) in paragraph (7), delete the words from “or from such” to the end of the paragraph.

Section 6 Re-employed and rejoining deferred members

In regulation 32(5)(a), for “29 and 31(4)” substitute “and 29”.

Section 7 Power of employing authority to increase total membership

In regulation 52, after paragraph (10), insert—

(11) An additional period arising from a resolution under this regulation on or after 1st April 2005 shall be treated as a period of membership after that date.

Section 8 Payments to increase total membership

In regulation 55(10), for sub-paragraphs (a) and (b) substitute “his NRD ”.

Section 9 Employer’s further payments

In regulation 80, after paragraph (4), insert—

(5) The appropriate administering authority may require the employing authority concerned to make additional payments to the appropriate fund in respect of any extra charge on the fund resulting from a pension and retirement grant becoming immediately payable to a member under regulations 26, 31(1) or 31(6).

Section 10 Commencement of pensions

In regulation 93(2), delete sub-paragraph (aa).

Section 11 Right to count credited period

In regulation 122—

(a) in paragraph (4), delete the words from “or , if earlier” to the end of the paragraph; and

(b) after paragraph (6), insert—

(6A) A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who was a member immediately before 1st April 2005 shall be treated as a period of membership before that date.

(6B) A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who becomes a member on or after 1st April 2005 shall be treated as a period of membership after that date.

Section 12 Credited periods for transferring members with mis-sold pension rights

In regulation 122A , add at the end of paragraph (3) “(and regulation 122(6B) does not apply to a transfer value credited under this regulation)”.

Section 13 Rights as to service not matched by credited period

In regulation 123(2), delete sub-paragraph (b).

Section 14 Excluded membership

In Schedule 3, in paragraphs 7 and 8 of the Table, delete “or calculating NRD under regulation 25(3A)”.

Section 15 Former members of the Metropolitan Civil Staffs Superannuation Scheme

In Schedule 7, in paragraph 2(4), for “for the words from the beginning of the paragraph to “is less than 85 years” substitute” substitute “add at the beginning”.

Section 16 Transitional provisions and savings

The Schedule to these Regulations (transitional provisions and savings) shall have effect.

Section 17 Right to opt out

(1) Where—

(a) apart from this regulation, the amendments made by these Regulations 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 1st April 2005,

then the principal Regulations 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) dies while in such employment,

before 1st April 2005.

Section 1

Nothing in these Regulations shall affect the right of any member, who is aged 50 or more on 31st March 2005, to a pension and grant payable in accordance with regulation 26 of the principal Regulations (redundancy etc.).

Section 2

Nothing in these Regulations shall affect the right of any member, who is aged 50 or more on 31st March 2005, to elect to receive the immediate payment of retirement benefits in accordance with regulation 31(1) of the principal Regulations (other early leavers: deferred retirement benefits and elections for early payment).

Section 3

But a member to whom paragraph 2 of this Schedule applies shall have his retirement benefits reduced in accordance with regulation 31(4) of the principal Regulations (as amended by regulation 5 of these Regulations) except in accordance with paragraphs 4 and 5 of this Schedule. 4. Where a member to whom paragraph 2 of this Schedule applies—

(a) elects to receive the immediate payment of retirement benefits under regulation 31(1) of the principal Regulations; and

(b) satisfies the 85 year rule,

that part of his retirement pension and grant which is calculated by reference to any period of membership prior to the relevant date shall not be reduced in accordance with regulation 31(4) of the principal Regulations (as amended by regulation 5 of these Regulations).

Section 5

For the purposes of paragraph 4 of this Schedule, the relevant date is—

(a) in the case of a member who will be aged 60 or more on 31st March 2013, the earlier of—

(i) 1st April 2013, and

(ii) the date on the day after the day on which the member leaves local government employment; or

(b) in any other case, 1st April 2005.

Section 6

Where a member, who was a member prior to 1st April 2005 and to whom paragraph 2 of this Schedule does not apply,—

(a) elects to receive the immediate payment of retirement benefits under regulation 31(1) of the principal Regulations (as amended by regulation 5 of these Regulations); and

(b) satisfies the 85 year rule,

that part of his retirement pension and grant which is calculated by reference to any period of membership prior to 1st April 2005 shall not be reduced in accordance with regulation 31(4) of the principal Regulations (as amended by regulation 5 of these Regulations).

Section 7

For the purposes of this Schedule, a member satisfies the 85 year rule if the sum of—

(a) his age in whole years on the date his local government employment ends or the date he elects under regulation 31(1) if later;

(b) his total membership in whole years;

(c) in a case where he elects after his local government employment ends, the period beginning with the end of that employment and ending with the date he elects; and

(d) in the case of a person who was a member immediately before 1st April 1998, any qualifying period counted by virtue of regulation 123 which was awarded before 1st April 2005,

is 85 years or more.

Section 8

Where a member who may elect under regulation 32(1) of the principal Regulations (re-employed and rejoining deferred members) does not do so or does not elect as respects all periods of his membership, in applying paragraph 7 of this Schedule as respects any later membership, his total membership excludes unaggregated periods.

Section 9

(1) This paragraph applies to a member who—

(a) prior to 1st April 2005 elected to make additional contributions to the Scheme to increase his total membership under regulation 55(1) of the principal Regulations (payments to increase total membership); and

(b) was assumed to retire from a local government employment on a date prior to his 65th birthday (“the assumed date”) for the purposes of calculating his additional contributions under regulation 55(6) of the principal Regulations.

(2) Where a member to whom this paragraph applies—

(a) continues paying the additional contributions until the assumed date; and

(b) retires on or after the assumed date,

he shall not pay any additional contributions after that date and the whole of the additional period may be counted as part of his total membership.

(3) An additional period counted as a period of total membership as a result of this paragraph shall be treated as a period of membership prior to 1st April 2005.

Section 10

Nothing in these Regulations shall affect the right of any Class B or Class C member under Schedule 4 of the principal Regulations (revenue restrictions) to count more than 40 years' service in calculating his maximum benefit entitlement where, but for the changes made by these Regulations, he would have been taken as retiring after his NRD.

Section 11

So far as it is necessary to give effect to the entitlements in this Schedule and to make provision for any matters incidental to them, the principal Regulations shall be treated as if they had continued in effect without the amendments made by these Regulations.