The Local Government Pension Scheme (Offender Management) (Amendment) Regulations 2014

Transitional provisions

11.—(1) For the purposes of the issue of actuarial guidance by the Secretary of State pursuant to regulation 104(3) (change of administering authority in connection with probation service arrangements) of the Local Government Pension Scheme Regulations 2013 (“the 2013 Regulations”) the fact that any consultation with the Government Actuary’s Department was carried out before that provision was inserted into those Regulations shall be disregarded in determining whether there has been compliance with the requirement under regulation 2(3) of those Regulations (introductory) to engage in such consultation.

(2) Paragraph (3) applies to any person of the description in regulation 3A(5) of the 2013 Regulations (civil servants etc engaged in probation provision) who has not been a member of the Scheme within the meaning of the 2013 Regulations in relation to benefits accrued under the Earlier Schemes.

(3) Where this paragraph applies to a person, any such benefits accrued by or in respect of that person are payable by the administering authority which is the appropriate administering authority for persons who are deemed to be in the employment of the Secretary of State.

(4) Where paragraph (3) applies to a person—

(a) regulation 3A(5) of the 2013 Regulations applies in relation to functions conferred on a body under the Earlier Regulations by virtue of having been a member’s employer as it applies to functions conferred by the 2013 Regulations; and

(b) regulation 19(1) of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (appropriate funds) does not apply in relation to that person.

(5) Where a body has any rights or obligations under regulation 104 of the 2013 Regulations (change of administering authority in connection with probation service arrangements) in relation to functions under the 2013 Regulations, those obligations apply equally in respect of functions under the Earlier Regulations.

(6) In this regulation “the Earlier Schemes” and “the Earlier Regulations” have the same meaning as in regulation 1(6) of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (interpretation).