The Local Government Pension Scheme (Amendment) Regulations 2023

Survivor benefits: revaluation adjustments, survivor benefits for partners and children of active members

4.—(1) In regulation 41 (survivor benefits: partners of active members)—

(a) after paragraph (4)(a) insert—

“(aa) For the purposes of sub-paragraph (a), if the member died in the period beginning with 1st April and ending with 5th April in any Scheme year, the pension is deemed to include the revaluation adjustment that would have been due at the next revaluation date.”;

(b) in paragraph (5)—

(i) for “at the beginning of” substitute “on the revaluation date in”;

(ii) after “was opened,” in the second place where it occurs, insert “and takes effect from the start of the Scheme year following the Scheme year in which the survivor member’s account was opened,”;

(c) in paragraph (6)—

(i) omit “revalued”;

(ii) for “(5)” substitute “(3)”;

(iii) following “Scheme year and,” insert “having applied the revaluation adjustment to the balance in accordance with paragraph (5),”; and

(iv) at the end, insert—

“(6A) Where an index rate adjustment is due to be made on a revaluation date, any such adjustment must be made immediately after the revaluation adjustment is made.”.

(2) In regulation 42 (survivor benefits: children of active members)—

(a) at the end of each of paragraphs (4)(a), (5)(a), (9)(a) and (10)(a) insert—

“(aa) For the purposes of sub-paragraph (a), if the member died in the period beginning with 1st April and ending with 5th April in any Scheme year, the pension is deemed to include the revaluation adjustment that would have been due at the next revaluation date.”;

(b) in paragraph (12)—

(i) for “at the beginning of” substitute “on the revaluation date in”;

(ii) for “valuation” substitute “revaluation”;

(iii) after “was opened,” in the second place where it occurs, insert “and takes effect from the start of the Scheme year following the Scheme year in which the survivor member’s account was opened,”;

(c) in paragraph (13)—

(i) omit “revalued”;

(ii) for “(12)” substitute “(3) or (8)”;

(iii) following “Scheme year and,” insert “having applied the revaluation adjustment to the balance in accordance with paragraph (12),”;

(iv) at the end, insert—

“(14) Where an index rate adjustment is due to be made on a revaluation date, any such adjustment must be made immediately after the revaluation adjustment is made.”.