The Local Government Pension Scheme Regulations 1995

Information and records

Information to be supplied by certain employees

M4.—(1) Subject to paragraph (4)—

(a) within 3 months after a person becomes a member of the Scheme, and

(b) within 6 months after any change which is material for the purposes of these regulations occurs in or in relation to a person’s employment under a LGPS employer in relation to which he is a member of the Scheme,

the LGPS employer shall request the person in writing to provide them with the documents specified in paragraph (2).

(2) The documents mentioned in paragraph (1) are—

(a) a statement in writing of all the person’s previous periods of employment (whether by a LGPS employer or by any other person) and any national service and war service, and

(b) copies of all notifications previously given to him under these regulations, the 1986 regulations, the 1974 regulations, the Local Government Superannuation. (Administration) Regulations 1954(1) or the Local Government Superannuation (Administration) Regulations 1938(2).

(3) A request under paragraph (1) shall include a conspicuous statement—

(a) directing the member’s attention to the importance of this providing full and accurate information, and

(b) warning him that the omission or inaccuracy may prejudiced the ascertainment of his rights under these regulations.

(4) Paragraph (1) does not apply if the LGPS employer are satisfied that they, or the appropriate administering authority if different, already have a complete and accurate record of any previous service or employment which is material for the purposes of these regulations.

Records to be kept by authorities

M5.—(1) A LGPS employer are to keep, in such form as they think fit, a record of—

(a) the name of, and

(b) all their decisions under regulation J2(1) in relation to,

each of their employees who is a member.

(2) An administering authority are to keep, in such form as they think fit, a record of—

(a) the name of, and

(b) all their decisions under regulation J2(2) of these regulations or regulation N4 of the 1986 regulations (was service) in relation to,

every member in relation to whom they are the appropriate administering authority.

Transmission of documents and information

M6.—(1) A LGPS employer who are not an administering authority are to send the appropriate administering authority, as soon as is reasonably practicable—

(a) copies of all documents provided under regulation M4,

(b) copies of all notifications of decisions made under regulation J2(1) or J3(1),

(c) copies of all statements and statutory declarations provided under regulation C26, and

(d) such other documents and information as he administering authority may reasonably require for the purpose of discharging their functions under these regulations.

(2) A LGPS employer who are not an administering authority—

(a) on receiving from a member or former member notice of his intended retirement, or

(b) on giving an employee who is a member or former member notice to terminate his employment in circumstances in which he may become entitled to a return of contributions or to a benefit payable out of the appropriate pension fund, or

(c) on becoming aware of any other circumstances which may necessitate any payment out of the fund,

shall, as soon as is reasonably practicable—

(i) inform the appropriate administering authority of the notice or, as the case may be, other circumstances,

(ii) send them particulars of the member’s or former member’s remuneration during the period that is relevant to a decision on the amount of the benefit that may become payable to or in respect of him, and

(iii) send them a copy of any relevant medical or death certificate and of any certificate issued by the body under paragraph 4 of Schedule D1 (reduction in remuneration).

(3) When an administering authority notify a person who is not in their employment of a decision under regulation J2(2), they shall send a copy of the notification to the body, if any, who are the employing authority in relation to that person.

(1)

S.I. 1954/1192.

(2)

S.R.O. 1938/574.