Explanatory Note
(This note is not part of the Regulations)
These Regulations make a number of amendments to the Local Government Superannuation Regulations 1986 (S.I. 1986/24) (“the principal Regulations”).
The Regulations are divided into nine Parts. Parts II to VII are made retrospective in effect by virtue of section 12 of the Superannuation Act 1972. Apart from minor and technical amendments, the effect of the Regulations is broadly as follows.
Part II, which has effect as from 1st March 1986 (when the previous regulations were consolidated) provides for a children’s short-term pension to be payable where a reduced widow’s short-term pension is payable.
Part III, which has effect as from 6th April 1988, is mainly concerned with widower’s and children’s pensions. The widower of a female pensionable employee who dies after 5th April 1988 is entitled to a pension based on her service after that date. Pensions are also payable to dependant children of female employees, and there is no longer a requirement that any employee should have completed a qualifying period of service before his children are entitled to a pension. Part III also allows injury allowances to be paid to widowers of female employees and makes minor amendments to the provisions relating to gratuities and transfer values.
Part IV, which has effect as from 1st April 1989, makes a consequential amendment which was inadvertently omitted from a relevant amending instrument.
Part V, which has effect as from 1st September 1989, enables certain employees of grant maintained schools to remain pensionable employees; and clarifies the procedure for apportioning the former water authorities' superannuation fund following the privatisation of the water industry.
Part VI, which has effect as from 1st April 1990, enables manual workers to become pensionable employees without first completing 12 months' service; enables employees to join the local government superannuation scheme at the age of 16 rather than 18; and provides that eligible employees will become pensionable employees unless they elect otherwise.
Part VII, which has effect as from 17th September 1990, clarifies and modifies the provisions relating to the purchase by current and former part-time employees of additional reckonable service.
Part VIII enables female employees to have their reckonable service before 6th April 1988 taken into account for the purpose of calculating a widower’s pension. If they elect to do so, their lump sum retiring allowance will be reduced unless they also elect to pay additional contributions to avoid this. The Part also corrects minor anomalies in the principal Regulations and contains consequential amendments.
Part IX contains transitional provisions in connection with regulations 7 and 19; confers a right for a person, in certain circumstances, to opt that these Regulations shall not apply to him; and applies the appeal provisions of the principal Regulations.