The Local Government Superannuation Regulations 1986

EXPLANATORY NOTE

(This Note is not part of the Regulations.)

These regulations consolidate the provisions revoked by regulation S3 and Schedule 20, comprising the bulk of the regulations applying to England and Wales made, or having effect as if made, under section 7 of the Superannuation Act 1972.

There are some changes of substance. In Part N there has been some simplification and rationalisation of the former provisions relating to decisions and appeals (in Parts H and L of the Local Government Superannuation Regulations 1974 (S.I. 1974/520)). In particular, there is no longer a fixed time limit for service of notice of appeal (regulation N8(3)), and recent decisions in appeals to the Secretary of State are codified in regulation N1(3). Minor amendments corresponding to ones made in 1982 to the regulations applying to Scotland are described in the Appendix to this note.

Section 12 of the Superannuation Act 1972 confers express power to make regulations retrospective in effect. These regulations are to a certain extent retrospective, but provision is made for opting out where rights in relation to ex-employees could be adversely affected (regulation S2).

APPENDIX

CORRECTIONS AND MINOR AMENDMENTS

(1) Consolidated regulation

(2) Corresponding regulation in Local Government Superannuation Regulations 1974

(3) Corresponding regulation in Local Government Superannuation (Scotland) Regulations 1974

(4) Amending regulation in Local Government Superannuation (Scotland) Amendment (No. 2) Regulations 1982

(5) Effect of amendment

(1)	(2)	(3)	(4)	(5)
B1(17)(e)	B2(4)(b)	B2(4)(b)	4(3)	Person who has attained age of 65 and completed 45 years' service cannot again become pensionable employee.
B1(17)(f)	B2(4)(b)	B2(4)(b)	4(4)	Person entitled to ill-health retirement grant who has attained age of 65 not precluded from becoming pensionable employee.
B1(17)(g)	B2(4)(d)	B2(4)(d)	4(5)	Participation in another scheme disqualifies only if in respect of same employment.
B3(2)	B4(1)	B4(1)	5	Employing body treated as scheduled body only in relation to employees admitted under agreement.
D7(4)	D14(3)	D14(3)	9	Additional period reckonable in full where employee is permanently unfit on leaving or dies in service.
D11(4)	D16(2)	D16(2)	10(2)	Definition of “retirement pension” further extended.
E3(5)	E3(6B)	E3	17(1)	Added years, but not war service, to be taken into account where retiring allowance increased under E3(4).
E5(1)(b)	E5(1)	E5(1)	19	Right to widow's pension where deceased's retirement pension suspended under E15.
E6(1)-(3)	E6(1), (2)	E6(1), (2)	20	Clarifies position where deceased died in further employment.
E6(4)	S.I. 1978/1738r.6	E6A	21	Consequential amendments as to contracting-out requirements.
E8(1)	E8(1)	E8(1)	22	Right to children's pension where deceased's retirement pension suspended under E15.
E11(1)(a)	E11	E11	24	Right to death grant where deceased's retirement pension suspended under E15.
E15(9)	E15(7)	E15(7)	26	Corrects method of calculation in respect of fees.
E16(3)	E16(3)	E16(3)	27	Further extends definition of “reckonable service”.
E17(7)	E17(3)	E17(3)	28(4)	Further extends definition of “retirement pension”.
E20(2)(b)	E4(1)(b)	E4(1)(b)	18	Right to surrender part of pension restricted to person who has attained pensionable age.
E22(8)	E1(6)	E1(6)	15(3)	Part-time employee to be treated as receiving comparable whole-time remuneration for certain purposes only of E11.
E22(10)	E1(3)(e)	E1(3)(e)	15(2)	Extends provision to case where fees comprise whole of remuneration.
E25(2)	D17	D17	11	Part-time service not to be treated as proportionate whole-time service for calculating increase in retiring allowance under E3(4).
E26(3)	D18(3)	D18(3)	12	Non-contributing service to reckon at full rate where notice given under Sch. 9 para 4.
E29(6)	D21(2)	D21(2)	13	Period for which additional benefit granted under r.13 of Benefits regulations to count in calculating any reduction of service.
E30(a)	D22(a)	D22(a)	14	Regard to be had to E25 and E26 in ascertaining length at which contributing service reckons.
N6(3)	L9(1)	L9(1)	38(1)	Extends “benefit” to include return of contributions.
Sch. 3 para 2(2)(e)	Sch. 7 para 2(2)	Sch. 7 para 2(2)	41	Actuary to have regard to Inland Revenue advice.
Sch. 9 paras 2, 4	Sch. 9 paras 2, 4	Sch. 9 paras 2, 4	42	“Reckonable service” changed to “relevant reckonable service”.
Sch. 12 para 3	Sch. 11 para 3	Sch. 11 para 3	44	Authority to notify person of surrender provisions on his first becoming eligible.