The Local Government Pension Scheme (Benefits, Membership and Contributions) (Amendment) Regulations 2011

• Citation: S.I. 2011/561
• Sections: 5

Section 1 Citation, extent and commencement

(1) These Regulations may be cited as the Local Government Pension Scheme (Benefits, Membership and Contributions) (Amendment) Regulations 2011.

(2) These Regulations extend to England and Wales and shall come into force on 1st April 2011.

Section 2 Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007

The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 are amended in accordance with regulations 3 to 5.

Section 3 Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007

In regulation 20 (early leavers: ill-health) —

(a) for paragraph (4) substitute—

(4) If the authority determine that it is likely that he will be capable of undertaking gainful employment within three years of leaving his employment, or before reaching normal retirement age if earlier, his benefits—

(a) are those that he would have received if the date on which he left his employment were the date on which he would have retired at normal retirement age; and

(b) unless discontinued under paragraph (8), are payable for so long as he is not in gainful employment.

(b) in paragraph (11)(aa), for “paragraph (8)(b)” substitute “paragraph (8)”; and

(c) in paragraph (14), for ““qualified in occupational health medicine” means an independent registered medical practitioner (“ IRMP ”)” substitute—

“an independent registered medical practitioner (“IRMP”) qualified in occupational health medicine” means a practitioner who is registered with the General Medical Council and —

holds a diploma in occupational health medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA state; and for the purposes of this definition, “competent authority” has the meaning given by section 55(1) of the Medical Act 1983 ; or

is an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA state.

Section 4 Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007

In regulation 24 (survivor benefits: active members) , in paragraph (2A), for “pay” substitute “membership”.

Section 5 Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007

In regulation 31 (early payment of pension: ill-health) , for paragraph (3) substitute—

(3) In this regulation, “gainful employment”, “IRMP” and “permanently incapable” have the meaning as given to those expressions by regulation 20(14).