The Local Government Pension Scheme (Administration) Regulations 2008

Regulation 2

SCHEDULE 1 INTERPRETATION

“the 1986 Regulations” means the Local Government Superannuation Regulations 1986(1);

“the 1995 Regulations” means the Local Government Pension Scheme Regulations 1995(2);

“the 1997 Regulations” means the Local Government Pension Scheme Regulations 1997(3);

“the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007(4);

“the Earlier Regulations” means all or any of the Local Government Superannuation Regulations 1974(5), the 1986 Regulations, the 1995 Regulations, the 1997 Regulations or the Local Government Pension Scheme (Transitional Provisions) Regulations 1997(6) as appropriate;

“the Former Regulations” means—

(a)

those of the enactments and instruments referred to in paragraph 5(1) of Schedule 7 to the Superannuation Act 1972(7) and applying in relation to England and Wales that were in force immediately before 1st April 1974;

(b)

the Local Government Superannuation (Miscellaneous Provisions) Regulations 1973(8); and

(c)

the Local Government Superannuation (Miscellaneous Provisions) (No.2) Regulations 1973(9);

“the Transitional Regulations” means the Local Government Pension Scheme (Transitional Provisions) Regulations 2008(10);

“Active member” has the same meaning as in section 124(1) of the Pensions Act 1995(11);

“Actuary” means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries;

“Administering authority” means a body required to maintain a pension fund under these Regulations and “appropriate administering authority” means the body maintaining the appropriate fund;

“Admission agreement”, in relation to an admission body, means an agreement that all, or any designated class, of the body’s employees may be members;

“Admission body” means a body mentioned in regulation 5(2) or 6(2);

“Appropriate fund”, in relation to a member, has the meaning given by regulation 30;

“Appropriate policy” means a policy of insurance or an annuity contract which provides an annuity which satisfies requirements prescribed under section 95(2)(c) of the Pension Schemes Act 1993(12);

“ARCs” means additional regular contributions as referred to in regulation 23;

“Assisted”, in relation to an educational institution, has the same meaning as in the Education Act 1996(13);

“AVCs” means additional voluntary contributions as referred to in regulation 25;

“Base rate” means the base rate for the time being quoted by the reference banks or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence;

“CIPFA” means the Chartered Institute of Public Finance and Accountancy;

“The commencement date” means 1st April 2008;

“Deferred member” has the same meaning as in section 124(1) of the Pensions Act 1995, except as provided in regulation 16;

“Employing authority” means a body employing an employee who is eligible to be a member;

“Guaranteed minimum” means the guaranteed minimum as defined in sections 14 and 17 of the Pension Schemes Act 1993 (minimum pensions for earners, widows, widowers and surviving civil partners)(14), so far as it is attributable to earnings factors for the tax year 1988-89 or for subsequent tax years, increased in accordance with the requirements of section 109 of that Act (annual increase of guaranteed minimum pensions) and in this definition “earnings factors” means the earnings factors referred to in section 14 of that Act and “tax year” means the 12 months beginning with 6th April in any year;

“Local Act scheme” has the meaning given by section 8 of the Superannuation Act 1972, except that where it refers to any time before 25th March 1972 it has the same meaning as in the Local Government Superannuation Act 1937(15);

“Local authority” has the same meaning as in the Local Government Act 1972(16);

“Local education authority” has the same meaning as in the Education Act 1996(17);

“Local government employment” means employment by virtue of which the person employed is or has been a member;

“Maintained”, in relation to an educational institution, has the same meaning as in section 20 of the School Standards and Framework Act 1998(18);

“Member” has the same meaning as in section 124(1) of the Pensions Act 1995 but, except in regulation 68, does not include a pension credit member;

“Normal retirement age” is 65;

“Occupational pension scheme” has the meaning given by section 150(5) of the Finance Act 2004(19);

“Part-time employee” means an employee—

(a)

whose contract of employment provides that he is such an employee for the Scheme; or

(b)

who is neither a whole-time employee nor a variable-time employee;

“Passenger transport authority” means a metropolitan county passenger transport authority established by section 28 of the Local Government Act 1985(20);

“Passenger transport executive” means the Executive for a designated area within section 9(1) of the Transport Act 1968(21);

“Pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999(22) or corresponding Northern Ireland legislation;

“Pension credit benefits” means benefits payable under the Scheme to or in respect of a pension credit member by virtue of rights under the Scheme attributable to a pension credit;

“Pension credit member” means a person who has pension credit rights or benefits under the Scheme;

“Pension credit rights” means rights to future benefits under the Scheme which are attributable to a pension credit;

“Pensionable pay” has the meaning given by regulation 4 of the Benefits Regulations;

“Pensioner member” has the same meaning as in section 124(1) of the Pensions Act 1995;

“Prospective member” means a person who under his contract of service or these Regulations—

(a)

may, if he wishes or his employer consents, become a member;

(b)

will be able to do so if he continues long enough in the same employment; or

(c)

will become a member unless he chooses not to do so;

“Reference banks” means the seven largest persons for the time being who—

(a)

have permission under Part 4 of the Financial Services and Markets Act 2000(23) to accept deposits;

(b)

are incorporated in the United Kingdom and carry on there a regulated activity of accepting deposits; and

(c)

quote a base rate in sterling;

and for the purpose of this definition the size of a person at any time is to be determined by reference to the gross assets denominated in sterling of that person, together with any subsidiary (as defined in section 1159 of the Companies Act 2006(24)), as shown in the audited end-of-year accounts last published before that time;

“Registered scheme” means a pension scheme registered by the Commissioners for Her Majesty’s Revenue and Customs under Part 4 of the Finance Act 2004(25);

“SCAVCs” means shared cost additional voluntary contributions as referred to in regulation 25;

“The Scheme” means the occupational pension scheme constituted by these Regulations, the Benefits Regulations and the Transitional Regulations;

“Scheme employer” means a body listed in Schedule 2 (but see regulations 7(6) and 8);

“Scheme function” means any function under the regulations which constitute the Scheme;

“Teachers’ scheme” means an occupational pension scheme made under section 9 of the Superannuation Act 1972 (superannuation of teachers);

“Total membership” means the aggregate of periods of membership which count as such under regulation 6 of the Benefits Regulations;

“Variable-time employee” means an employee whose contract of employment provides that he is such an employee for the Scheme and—

(a)

whose pay is calculated by reference to his duties (rather than necessarily by reference to the number of hours he has worked); or

(b)

whose duties only have to be performed on an occasional basis;

“Whole-time employee” means an employee whose contract of employment provides—

(a)

that he is such an employee for the Scheme; or

(b)

that his contractual hours are not less than the number of contractual hours for a person employed in that employment on a whole-time basis.

(1)

S.I.1986/24.

(2)

S.I.1995/1019.

(3)

S.I. 1997/1612.

(4)

S.I. 2007/1166.

(5)

S.I. 1974/520.

(6)

S.I. 1997/1613.

(7)

1972 c.11.

(8)

S.I. 1973/313.

(9)

S.I. 1973/1996.

(10)

S.I.2008/xxx.

(11)

1995 c.26.

(12)

1993 c.48.

(13)

1996 c.56.

(14)

Section 17 was amended to refer to surviving civil partners by S.I. 2005/2050, article 2(1), Schedule 1, paragraph 4(a).

(15)

1937 c.68.

(16)

1972 c.70.

(17)

See section 12 of the Act.

(18)

1998 c.31.

(19)

2004 c.12.

(20)

1985 c.51.

(21)

1968 c.73.

(22)

1999 c.30.

(23)

2000 c.8.

(24)

2006 c.46.

(25)

2004 c 12.