The Local Government Pension Scheme (Administration) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out provisions relating to the administration of the new Local Government Pension Scheme (“the Scheme”) which is to come into existence on 1st April 2008 and is constituted by these Regulations, the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (“the Benefit Regulations”) and the Local Government Pension Scheme (Transitional Provisions) Regulations 2008.

The provisions in these Regulations supersede without modification most of those in the Local Government Pension Scheme Regulations 1997 that they replace. Reference is made where relevant to nominated cohabiting partners as they are a category of dependent beneficiary in the Benefits Regulations. The other main changes are mentioned in the following description of the arrangement of these Regulations.

The Regulations are divided into the following Parts—

Part 1 deals with citation, commencement and application, interpretation and the Regulations’ application to the Isles of Scilly;

Part 2 sets out rules relating to membership of the Scheme. Regulation 13 (joining the Scheme) does not require any person who is eligible to be a member of the Scheme to apply to be such, unless he is applying for membership on a date other than that on which he would otherwise automatically become a member or he is the employee of an admission body;

Part 3 deals with contributions. Regulation 23 (additional regular contributions) sets out the applicable procedure in circumstances where a member chooses to pay additional contributions under regulation 14 of the Benefits Regulations. Regulations 25 to 27 simplify and update provisions dealing with additional voluntary contributions and shared cost additional voluntary contributions;

Part 4 deals with pension funds and employers’ payments. Regulation 44 (interest) provides that interest payable on overdue amounts is payable from the day after the amount is due rather than from one month after the due date, the only exception being any extra charge payable by an employing authority under regulation 40 (employer’s payment following resolution to increase membership or award additional pension) or regulation 41 (employer’s further payments);

Part 5 deals with payment of benefits;

Part 6 deals with determination of questions and disputes. Regulation 55 requires the employing authority to decide what contribution rate a member must pay. This is consequential on regulation 3 of the Benefits Regulations, which provides that the contribution rate a member pays is based on his pensionable pay and a range of pay bands;

Part 7 deals with policy statements and information;

Part 8 deals with special adjustments;

Part 9 deals with transfers.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of businesses, charities or voluntary bodies and does not have a significant financial impact on any public bodies.