The Local Government Pension Scheme (Amendment) Regulations 2006

• Citation: S.I. 2006/966
• Sections: 53

Section 1 Citation, commencement, interpretation and application

(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2006.

(2) These Regulations apply in relation to England and Wales .

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

(a) Parts 1 and 2, paragraph (a) of regulation 34 and regulation 46 on 1st April 2006;

(b) Part 3 (except paragraph (a) of regulation 34) and regulations 47 and 48 on 6th April 2006; and

(c) Part 4 on 1st October 2006.

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

Section 2 Amendment of Regulations

The principal Regulations shall be amended in accordance with regulations 3, 5 to 8(1) and 9 to 46 of these Regulations.

Section 3 Calculations

In regulation 20, after paragraph (3) insert—

(3A) A member in respect of whom a benefit crystallisation event occurs on or after 6th April 2006 may elect in writing to the appropriate administering authority before any benefits become payable to increase the retirement grant payable under paragraph (3) by commuting his pension, or a part thereof, at a rate of £12 for every £1 of annual pension entitlement surrendered.

(3B) But the total amount of the member’s retirement grant, including any sum received in accordance with an election under paragraph (3A), shall not exceed 25% of the capital value of his accrued rights.

(3C) For the purposes of this regulation, a member’s accrued rights include rights accrued in respect of any payments made by him in accordance with Chapter IV of Part III (Additional Voluntary Contributions).

(3D) The capital value of a person’s accrued rights shall be calculated as shown in guidance issued by the Government Actuary.

Section 4 Revised rates and adjustments certificates: period over which increased costs to be spread

(1) This regulation applies where in considering whether to obtain a revised rates and adjustments certificate an administering authority, pursuant to regulation 7 of the Local Government Pension Scheme (Amendment) Regulations 2005 , has determined an increased liability over that shown in the valuation of the relevant pension fund as at 31st March 2004 (“the 2004 valuation ”).

(2) The administering authority shall spread the increased liability over the 2005 Funding Strategy Statement Period.

(3) In this regulation, “the 2005 Funding Strategy Statement Period” means the period over which the administering authority decided to spread the liabilities identified in the 2004 valuation, as set out in the first statement of their funding strategy published in accordance with regulation 76A of the principal Regulations.

Section 5 Further restrictions on eligibility

In regulation 6(3), for “his 65th birthday” substitute “the day before his 75th birthday”.

Section 6 Periods of membership

In regulation 9, omit paragraph (1A).

Section 7 High earners

After regulation 11, insert—

(11A)

(1) This regulation applies where a member’s pay (calculated in accordance with regulation 13) in the year ending 5th April 2006 exceeds £105,600.

(2) In such a case, his period of membership for calculating his entitlement to any benefits payable under these Regulations is obtained by aggregating his period of membership after that date with the period obtained by applying the formula set out in paragraph (3).

(3) That formula is M times 105,600 divided by P, where M is his period of membership after 5th April 1989 and before 6th April 2006 (excluding any membership credited by virtue of a transfer under regulation 121) and P is his pay as mentioned in paragraph (1).

Section 8 Employer’s discretion to reduce member’s contribution rate

(1) Omit regulation 15.

(2) Where, before its omission by paragraph (1), a member’s liability to make contributions to the Scheme has been reduced or, as the case may be, extinguished in accordance with regulation 15, his employing authority may recover any such contributions as would have otherwise have been made.

Section 9 Inland Revenue limits on contributions

Omit regulation 16.

Section 10 Limit on total amount of benefits

After regulation 19 insert—

Limit on total amount of benefits

(19A)

(1) A member and any dependant of his shall not be entitled, under any provision of these Regulations, to receive benefits the capital value of which exceeds his lifetime allowance increased, where applicable, by his primary protection or enhanced protection.

(2) In this regulation, “lifetime allowance”, “primary protection” and “enhanced protection” are to be construed in accordance with section 218 of, and Schedule 36 to, the Finance Act 2004 .

(3) Any calculation of the capital value of a member’s benefits is to be carried out in accordance with guidance issued by the Government Actuary.

(4) The appropriate administering authority is responsible for deducting from any payments of benefits under the Scheme any tax to which they may become chargeable under the Finance Act 2004.

Section 11 Calculations

For regulation 20(4A) substitute—

(4A) Where no benefit crystallisation event has occurred before the day after a member’s 65th birthday in respect of any benefits payable under the Scheme, those benefits shall be increased at such a rate as is shown as appropriate in guidance issued by the Government Actuary.

Section 12 Final pay

In regulation 21(1), omit the words “and Schedule 4”.

Section 13 Retirement after the normal retirement date

For regulation 25A(2) substitute—

(2) The pension and retirement grant are payable immediately on retirement or, if earlier, on the day before the member’s 75th birthday.

Section 14 Other early leavers: deferred retirement benefits and elections for early payment

(1) In regulation 31(7), at the beginning insert “Subject to paragraph (7A)”.

(2) After regulation 31(7), insert—

(7A) A member who continues to be employed by a Scheme employer listed in Schedule 2 is only entitled to receive a pension and grant without reduction payable from his NRD if his employer consents to his doing so.

Section 15 Re-employed and rejoining deferred members

In regulation 32, omit sub-paragraphs (a) and (b) of paragraph (2).

Section 16 Surrenders of pensions

Omit regulation 33.

Section 17 Requirements as to time of payment

(1) After regulation 35(1) insert—

(1A) But where, after 5th April 2006, a member who has attained the age of 50, with his employer’s consent, reduces the hours he works, or the grade in which he is employed, he may elect in writing to the appropriate administering authority and such benefits may be paid to him notwithstanding that he has not retired from that employment.

(1B) If the payment of benefits referred to in paragraph (1A) takes effect before the member’s 65th birthday, the benefits payable are reduced in accordance with guidance issued by the Government Actuary.

(1C) But the employer may choose to waive, in whole or in part, any such reduction.

(1D) Where the employer so chooses, it shall pay to the fund the cost incurred as a result of such waiver as calculated by the fund’s actuary .

(1E) Any benefits paid following an election under paragraph (1A) are not subject to abatement under regulation 110 in respect of any subsequent employment with the person who is his employer at the date of his election.

(2) In paragraph (2), for “But they” substitute “In any event, retirement benefits under this Chapter”.

Section 18 Guaranteed minimum pensions etc.

In regulation 36, omit paragraphs (7), (8) and (9).

Section 19 Surviving spouse’s long-term pension

In regulation 41(6), after “death” insert “or half his pension before any commutation under regulation 20(3A), whichever is the greater”.

Section 20 Meaning of “eligible child”

In regulation 44—

(a) at the beginning of paragraph (2) insert “Subject to paragraph (2A)”; and

(b) after paragraph (2) insert—

(2A) Notwithstanding paragraph (2)(b), a pension coming into payment on or after 5th April 2006 which would otherwise be payable by virtue of that paragraph shall only continue while the child is aged under 23.

Section 21 Commutation: exceptional ill-health

(1) After regulation 50(1) insert—

(1A) An administering authority cannot be satisfied as mentioned in paragraph (1) unless they have first obtained a certificate from a fully registered person within the meaning of the Medical Act 1983 to the effect that the member’s life expectancy is less than one year.

(2) In regulation 50(2), omit the words “(except the guaranteed minimum)”.

(3) Omit regulation 50(3).

Section 22 Scope of Part III: limits on benefits

In regulation 51, omit paragraph (2).

Section 23 Power of employing authority to increase total membership

In regulation 52—

(a) at the end of sub-paragraph (2)(a) insert “or”;

(b) omit sub-paragraph (2)(b); and

(c) after paragraph (10) insert—

(11) An additional period arising from a resolution under this regulation on or after 1st October 2006 shall be treated as a period of membership after that date.

Section 24 Effect of increases under this Chapter for older members

Omit regulation 54.

Section 25 Payments to increase total membership

For regulation 55(2) substitute—

(2) That period must not exceed 6⅔ years.

Section 26 Effect of increases under this Chapter for older members

Omit regulation 57.

Section 27 Election for pension in lieu of retirement grant

Omit regulation 58.

Section 28 Election for lump sum in lieu of pension

Omit regulation 59.

Section 29 Accounts and audit

(1) Regulation 76 is renumbered “76(1)”.

(2) After regulation 76(1) (as so renumbered in accordance with paragraph (1)) insert—

(2) The input period for the purposes of section 238 of the Finance Act 2004 is the year ending 31st March 2007 and each year ending 31st March thereafter.

Section 30 Over-provision: calculation and return of surplus AVC and SV AVC funds

Omit regulation 85.

Section 31 Commencement of pensions

For regulation 93(2)(b) substitute—

(b) otherwise, unless he elects to defer payment, with his NRD (but any such deferral shall not extend beyond the day before his 75th birthday).

Section 32 Treatment of other benefits

After regulation 96 insert—

(96A) Any payment of employment-related benefits made to a member by an administering authority other than in accordance with regulations made under section 7 of the Superannuation Act 1972 shall be treated as if it had been made under the Scheme.

Section 33 First instance decisions

In regulation 97(6) —

(a) at the end of sub-paragraph (b), insert “and”;

(b) in sub-paragraph (c), for “membership; and” substitute “membership.”; and

(c) omit sub-paragraph (d).

Section 34 Interpretation

In Schedule 1—

(a) after the definition of “Base rate” insert—

“Benefit crystallisation event” shall be construed in accordance with section 216 of the Finance Act 2004.

(b) omit the definitions of “Class A member”, “Class B member” and “Class C member”, and

(c) omit the definition of “Continuity conditions”.

Section 35 Excluded membership

In the Table in Schedule 3—

(a) in paragraph 1, in the second column, omit the words “or paragraph 2, 4, 5 or 6(1) of Schedule 4”; and

(b) omit paragraphs 4 and 5.

Section 36 Revenue restrictions

Omit Schedule 4.

Section 37 Councillor members

In Schedule 8—

(a) omit paragraph 1;

(b) omit paragraph 3;

(c) omit paragraph (3) of regulation 20 as substituted by paragraph 5, and substitute “65” for “70” in paragraph (5) as so substituted;

(d) for paragraph 7, substitute—

In regulation 25A(1) omit the words “with the consent of his employing authority”.

(e) in paragraph 9, omit sub-paragraph (b) and the word “and” immediately preceding it;

(f) in paragraph 10, omit sub-paragraph (a);

(g) omit paragraph 12;

(h) omit paragraph (5)(b) of regulation 38 as substituted by paragraph 15; and

(i) omit paragraph 19.

Section 38 Normal retirement

In regulation 25, omit paragraph (3A).

Section 39 Other early leavers: deferred retirement benefits and elections for early payment

In regulation 31(4), omit the words from the beginning of the paragraph up to and including “is less than 85 years,”.

Section 40 Re-employed and rejoining deferred members

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

Section 41 Right to count credited period

In regulation 122—

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

(b) after paragraph (6), insert—

(6C) A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who was an active member immediately before 1st October 2006 shall be treated as a period of membership before that date.

(6D) 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 October 2006 shall be treated as a period of membership after that date.

Section 42 Credited periods for transferring members with mis-sold pension rights

In regulation 122A(1), at the end of paragraph (1) add “(and regulation 122(6B) does not apply to a transfer value credited under this regulation)”.

Section 43 Rights as to service not matched by credited period

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

Section 44 Excluded membership

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

Section 45 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 46 Scheme Employers: Firebuy Limited

(1) In Schedule 2 (Scheme Employers), add at the end of the list “Firebuy Limited.”.

(2) In the Table in Part 2 of Schedule 5, add at the end—

Section 47 Transitional provisions and savings

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

Section 48 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 that 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 October 2006,

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 any 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—

(i) 1st April 2006, in respect of amendments made by Parts 2 and 5; and

(ii) 6th April 2006, in respect of amendments made by Part 3.

Section 1

Where a member—

(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 before the relevant date shall not be reduced in accordance with regulation 31(4) of the principal Regulations (as amended by regulation 39 of these Regulations).

Section 2

For the purposes of paragraph 1, the relevant date, for a member who was a member before 1st October 2006 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 October 2006.