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The Local Government Pension Scheme (Amendment) Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations apply in relation to England and Wales and contain amendments relating to the new Local Government Pension Scheme which came into existence on 1st April 2008 and replaced the Local Government Pension Scheme 1997. The amendments have effect from 1st April 2009. Section 12 of the Superannuation Act 1972 provides that regulations made under section 7 of that Act may have effect as from a date earlier than the making of the regulations.

Regulation 2 revokes regulation 40 (guidance on future costs) of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007.

Regulation 3(a) inserts a new regulation 36A into the Local Government Pension Scheme (Administration) Regulations 2008 (“the Administration Regulations”). This regulation requires administering authorities to have regard to guidance about how the costs of the Local Government Pension Scheme will be met in future years. In order for the Secretary of State to produce that guidance, administering authorities are required to produce by 31st August 2010 (and triennially thereafter) the data supplied to their own fund actuary to carry out the triennial actuarial valuation required by regulation 36. The Government Actuary is also required for the purposes of that guidance, to produce by 31st October 2010 (and triennially thereafter) an actuarial valuation, a valuation report and an overall cost certificate.

Regulation 3(b) inserts a new regulation 38A into the Administration Regulations, which requires administering authorities to consider obtaining a revised rates and adjustment certificate where the Secretary of State amends the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 as a result of the valuation exercise completed by virtue of regulation 36A.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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