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Public Service Pensions Act 2013

Commentary on Sections and Schedules

Existing schemes: supplementary

Section 28: Existing local government schemes

172.Section 28 provides for certain regulations made under section 7 of the Superannuation Act 1972 which relate to persons in England and Wales to have effect as if they were scheme regulations made under section 1 of the Act. This section will only apply to regulations under which benefits are provided to or in respect of service on or after 1st April 2014. It will only apply to regulations that provide for pension benefits in respect of service on or after that date. The section provides that such regulations have effect as if they were scheme regulations for local government workers to the extent that they could have been made under the Act.

173.It is intended that reforms to the Local Government Pension Scheme in England and Wales, which are made under section 7 of the 1972 Act, will be brought into force one year earlier than the other major public service schemes. As they are funded schemes, this will enable the Department of Communities and Local Government to bring forward savings from reform earlier so that they will be available for other purposes. By allowing these regulations to have effect as if made under section 1, these schemes will be able to introduce reforms on their chosen timetable while still being able to take advantage of the full powers of the Act and the protections included in it.

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