The Local Government Pension Scheme (Amendment) Regulations 2005

• Citation: S.I. 2005/1903
• Sections: 8

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2005.

(2) These Regulations shall come into force on 3rd August 2005, but regulations 2 to 5 shall have effect from 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 Revocation of the Local Government Pension Scheme (Amendment) ( No. 2) Regulations 2004

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

Section 3 Revival of previously revoked provisions

The provisions of the principal Regulations listed in regulation 4 are revived and shall have effect as they had effect immediately before the coming into force of the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004.

Section 4 Revival of previously revoked provisions

The provisions mentioned in regulation 3 are regulations 25(3A), 26(1), 31(1) and (4), 32(5)(a), 122(4), 123(2)(b), in Schedule 3, paragraphs 7 and 8 of the Table, and in Schedule 7, paragraph 2(4).

Section 5 Revocation of amendments made by the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004

The following provisions of the principal Regulations (being provisions inserted by the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004) are revoked—

(a) regulation 52(11),

(b) regulation 122(6A) and (6B), and

(c) in regulation 122A(3), the words “(and regulation 122(6B) does not apply to a transfer value credited under this regulation)”.

Section 6 Further amendment of the principal Regulations

For regulation 55(10) of the principal Regulations there shall be substituted—

(10) If a member continues paying the additional contributions until his last birthday before his NRD (or if his NRD is his birthday, that date), the whole of the additional period may be counted as part of his total membership.

Section 7 Revised rates and adjustments certificates

(1) Where it appears to an administering authority as a result of the amendments made by these Regulations that the amount of the liabilities arising or likely to arise in respect of members in employment with an employing authority exceeds the amount specified in, or likely as a result of, the assumptions stated for that authority in the current rates and adjustments certificate obtained in accordance with regulation 77 of the principal Regulations, the administering authority may obtain a revision of the rates and adjustments certificate, showing the resulting changes as respects that employing authority.

(2) Such a revision shall be prepared on the basis of an actuarial valuation of the assets and liabilities of the relevant pension fund as at 31st March 2005 using, where no more recent membership data are reasonably available, the membership data of the fund as at 31st March 2004, subject to any appropriate adjustments.

(3) For the purpose of valuing the liabilities of the fund as at 31st March 2005, the actuarial assumptions used to value the liabilities of the fund as at 31st March 2004 may be used.

(4) Any revised certificate obtained under paragraph (1) shall only be effective from 1st April 2006.

(5) The administering authority shall, not later than 30th September 2005, send copies of any revised certificate—

(a) to the Secretary of State;

(b) to each body with employees who contribute to the fund to which the certificate relates; and

(c) to any other body which is or may become liable to make payments to that fund.

(6) The administering authority shall also send to the Secretary of State, not later than 30th September 2005—

(a) a copy of the consolidated revenue account with which the actuary was provided; and

(b) a summary of the assets of the fund as at 31st March 2005.

Section 8 Retrospective effect

Nothing in these Regulations shall place any individual who is qualified to participate in the benefits for which the principal Regulations provide in a worse position than he would have been in had the provisions of these Regulations been framed so as to have effect only from the date of their making.