The Local Government Pension Scheme (Miscellaneous) Regulations 2010

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

21.  In regulation 24 (survivor benefits: active members)—

(a) in paragraph (1), after “a pension” add “, which shall come into payment on the day following death”; and

(b) for paragraph (2), substitute—

“(2) (a) Subject to the provisions listed in sub-paragraph (b) and to paragraph (2A), the pension is calculated by multiplying the member’s total membership, augmented as if regulation 20(2) applied, by his or her final pay and divided by 160;

(b) The provisions mentioned in sub-paragraph (a) are—

(i) regulations 14, 14A and 15;

(ii) regulations 20(4)(a) and 20A of the 1997 Regulations(1); and

(iii) regulations 23 to 26 of the Administration Regulations.

(2A) Where, in the opinion of an IRMP the member was at the date of death, in part-time service wholly or partly as a result of the condition that caused or contributed to the member’s death, no account shall be taken of any reduction in pay due to such reduction in service as is attributable to that condition.”.

(1)

Regulation 20(4)(a) and 20A of S.I. 1997/1612 were saved from revocation by regulation 2 of, and Schedule 1 to S.I. 2008/238.