The Local Government Pension Scheme Regulations 1995

Decisions as to status of employees

J2.—(1) A LGPS employer shall decide in relation to each of their employees who is a member—

(a) whether he is an officer or a manual worker,

(b) whether he is a whole-time, a variable-time or a part-time employee,

(c) which of his emoluments are remuneration on which contributions are payable, and

(d) if he is a part-time employee—

(i) the proportion which is contractual minimum hours of employment in each week bear to those of a comparable whole-time employment, and

(ii) if paragraph (4)(iii) of regulation B3 applies to his contractual hours, the average number of those hours for the purposes of that paragraph.

(2) In relation to any employment in which a person is a member, the appropriate administering authority are to decide—

(a) what previous service or employment (if any) he is entitled to count as a period of membership or a period to which Part II of Schedule B6 applies,

(b) whether any, and if so what, periods of service as a part-time employee are included in such a period,

(c) what proportion of whole-time service his service during any such period represents,

(d) whether a payment in lieu of contributions has been made or equivalent pension benefits have been assured under Part III of the National Insurance Act 1965(1) in respect of any period of non-participating employment,

(e) what rate of contribution the employee is liable to pay to the appropriate pension fund,

(f) whether he is entitled to count as a period of membership—

(i) any, and if so how many, added years, or

(ii) any, and if so what, additional period, and

(g) whether for the purposes of Schedule C5 he is a Class A member, a Class B member or a Class C member (within the meaning of that Schedule).

(3) The questions specified in paragraph (1) shall be decided as soon as is reasonably practicable after—

(a) the person becomes a member, or

(b) any change occurs in the number of the member’s regular or usual hours of employment, or

(c) any other material change occurs in or relation to the employment.

(4) The questions specified in paragraph (2) shall be decided as soon as is reasonably practicable after the person becomes a member of the Scheme in respect of the relevant employment.

(1)

1965 c. 51.