The Local Government Pension Scheme (Administration) Regulations 2008

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation, commencement and application

   2. 2. Interpretation

   3. 3. Application to Isles of Scilly

3. PART 2 MEMBERSHIP OF SCHEME

   1. 4. General eligibility for membership

   2. 5. Employees of non-Scheme employers: community admission bodies

   3. 6. Employees of non-Scheme employers: transferee admission bodies

   4. 7. Admission agreements – further provisions

   5. 8. Eligibility for membership of employees of other bodies not listed in Schedule 2

   6. 9. Eligibility in certain cases of persons who are not employees

   7. 10. Supplementary provisions for certain members

   8. 11. Separate employments etc

   9. 12. Further restrictions on eligibility

   10. 13. Joining the Scheme

   11. 14. Ending of membership

   12. 15. Periods of membership

   13. 16. Re-employed and rejoining deferred members

   14. 17. Concurrent employments

4. PART 3 CONTRIBUTIONS

   1. 18. Contributions during child-related leave

   2. 19. Contributions during reserve forces service leave

   3. 20. Contributions during trade dispute absence

   4. 21. Contributions during absences with permission

   5. 22. Applications to make absence contributions

   6. 23. Payment of additional regular contributions (ARCs)

   7. 24. Discontinuance of ARCs

   8. 25. Additional voluntary contributions and shared cost additional voluntary contributions

   9. 26. Use of accumulated value of AVCs and SCAVCs

   10. 27. Separate treatment of AVCs and SCAVCs from other contributions

   11. 28. Cost of calculations of additional pension where no notification given under regulation 26(4)

5. PART 4 PENSION FUNDS AND EMPLOYERS’ PAYMENTS

   1. 29. The pension funds

   2. 30. Appropriate funds

   3. 31. Pension funds: governance compliance statement

   4. 32. Admission agreement funds

   5. 33. Accounts and audit

   6. 34. Pension fund annual report

   7. 35. Funding strategy statement

   8. 36. Actuarial valuations and certificates

   9. 37. Supply of copies of valuations, certificates etc

   10. 38. Special circumstances where revised actuarial valuations and certificates must be obtained

   11. 39. Employer’s contributions

   12. 40. Employer’s payment following resolution to increase membership or award additional pension

   13. 41. Employer’s further payments

   14. 42. Payment by employing authorities to appropriate administering authorities

   15. 43. Additional costs arising from employing authority’s level of performance

   16. 44. Interest

   17. 45. Deduction and recovery of member’s contributions

   18. 46. Rights to return of contributions

   19. 47. Exclusion of rights to return of contributions

6. PART 5 PAYMENT OF BENEFITS ETC

   1. 48. Pension increases under the Pension Schemes Act 1993

   2. 49. Contributions equivalent premiums

   3. 50. Commencement of pensions

   4. 51. Interest on late payment of certain benefits

   5. 52. Payments due in respect of deceased persons

   6. 53. Non-assignability

7. PART 6 DETERMINATION OF QUESTIONS AND DISPUTES

   1. 54. Interpretation of Part

   2. 55. First instance decisions - general

   3. 56. First instance determinations: ill-health

   4. 57. Notification of first instance decisions

   5. 58. Applications to resolve disagreements

   6. 59. Notice of decisions on disagreements

   7. 60. Reference of disagreement for reconsideration by appropriate administering authority

   8. 61. Notice of decisions on reconsideration of disagreement

   9. 62. Rights of representation

   10. 63. Appeals by administering authorities

8. PART 7 POLICY STATEMENTS AND INFORMATION

   1. 64. Exchange of information by authorities

   2. 65. Pension administration strategy

   3. 66. Statements of policy about exercise of discretionary functions

   4. 67. Statements of policy concerning communications with members and employing authorities

   5. 68. Annual benefit statements

   6. 69. Information to be supplied by employees

9. PART 8 SPECIAL ADJUSTMENTS

   1. 70. Statements of policy concerning abatement of retirement pensions in new employment

   2. 71. Application of abatement policy to individual cases

   3. 72. Forfeiture of pension rights after conviction of employment-related offences

   4. 73. Interim payments directions

   5. 74. Recovery or retention where former member has misconduct obligation

   6. 75. Protection of guaranteed minimum pension rights

   7. 76. Transfer of sums from the pension fund to compensate for former member’s misconduct

10. PART 9 TRANSFERS

    1. 77. Interpretation of Part

    2. 78. Application of Chapter 4 etc

    3. 79. Rights to payment out of fund authority’s pension fund

    4. 80. Contracting-out requirements affecting transfers out

    5. 81. Bulk transfers (transfers of undertakings etc.)

    6. 82. Calculation of amount of transfer payment under regulation 81

    7. 83. Inward transfers of pension rights

    8. 84. Right to count credited period

    9. 85. Community scheme transferees

    10. 86. Changes of fund

    11. 87. Changes of fund and variable time employees

11. Signature

12. 1. SCHEDULE 1

       INTERPRETATION

    2. SCHEDULE 2

       SCHEME EMPLOYERS

       1. PART 1

          1. 1. The Commission for Local Administration in England.

          2. 2. In England, a county council, a district council, a London...

          3. 3. In Wales, a county council or a county borough council....

          4. 4. A joint board, body or committee appointed under any Act...

          5. 5. A fire and rescue authority within the meaning of the...

          6. 6. A police authority within the meaning of the Police Act...

          7. 7. A probation trust established under section 5 of the Offender...

          8. 8. The Chichester Harbour Conservancy.

          9. 9. The Lee Valley Regional Park Authority.

          10. 10. A passenger transport authority.

          11. 11. The Broads Authority.

          12. 12. A further education corporation.

          13. 13. A higher education corporation.

          14. 14. The London Pensions Fund Authority.

          15. 15. The South Yorkshire Pensions Authority.

          16. 16. The Environment Agency.

          17. 17. A National Park Authority established under Part 3 of the...

          18. 18. An Education Action Forum within the meaning of section 11...

          19. 19. The National College for School Leadership.

          20. 20. The Standards Board for England.

          21. 21. An Academy within the meaning of section 482 of the...

          22. 22. A body set up by a local housing authority in...

          23. 23. The Valuation Tribunal Service for England established under section 105...

          24. 24. A conservation board established under section 86 of the Countryside...

          25. 25. Firebuy Limited established under Section 29 of the Fire and...

       2. PART 2

          1. 1. The Board of Governors of the Museum of London;

          2. 2. A body (other than a body listed in Part 1...

          3. 3. A passenger transport executive.

          4. 4. A designated institution which immediately before designation was assisted or...

          5. 5. A company under the control of a body listed in...

          6. 6. The Public Services Ombudsman for Wales.

          7. 7. The Serious Organised Crime Agency.

          8. 8. Transport for London.

          9. 9. The London Development Agency.

          10. 10. The Metropolitan Police Authority.

          11. 11. The London Transport Users’ Committee.

          12. 12. The Cultural Strategy Group for London.

          13. 13. The Children and Family Court Advisory and Support Service.

          14. 14. An urban development corporation.

    3. SCHEDULE 3

       MATTERS TO BE INCLUDED IN ADMISSION AGREEMENTS WITH TRANSFEREE ADMISSION BODIES

       1. 1. A requirement for the transferee admission body to pay to...

       2. 2. If required by regulation 6(7), a reference to the indemnity...

       3. 3. A provision requiring the transferee admission body to adopt the...

       4. 4. An undertaking from the transferee admission body to the administering...

       5. 5. A representation and warranty from the transferee admission body to...

       6. 6. An undertaking from the transferee admission body that it will...

       7. 7. A requirement that the transferee admission body notifies the administering...

       8. 8. A requirement that the transferee admission body—

       9. 9. A provision— (a) for automatic termination of the admission agreement,...

       10. 10. A right for the administering authority to terminate the agreement...

       11. 11. A requirement that the admission agreement in its final form...

       12. 12. In relation to a transferee admission body under regulation 6(2)(a)—...

    4. SCHEDULE 4

       APPROPRIATE FUNDS

       1. 1. The appropriate fund for a member is the fund specified...

       2. 2. But where a member is within paragraph 5 of that...

       3. 3. Where a member is within paragraph 8 of the following...

       4. 4. Before giving a direction under paragraph 2 or 3, the...

       5. 5. The direction may require the making of financial adjustments between...

       6. 6. It may also contain provision as to the transfer of...

       7. 7. Where an administering authority has established an admission agreement fund...

13. Explanatory Note