The Local Government Pension Scheme (Miscellaneous) Regulations 2009

Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007

13.  After regulation 13 (power of employing authority to award additional pension), insert—

“Conversion of annual compensation into additional pension

13A.— (1) Where an employing authority has awarded a member annual compensation in respect of a former employment under earlier Discretionary Compensation Regulations, the authority may resolve, before 31st March 2012, to award the member additional pension equal in value to that compensation.

(2) From the date on which the resolution takes effect, the annual compensation is reduced or extinguished accordingly (but without prejudice to any payments which have fallen due or have been made before that date).

(3) No resolution may be passed, the result of which would be to cause a member any financial detriment.

(4) In paragraph (1)—

(a) “annual compensation” includes an annual sum or an annuity, where those terms occur in earlier Discretionary Compensation Regulations; and

(b) “earlier Discretionary Compensation Regulations” means relevant provisions of—

(i) Parts 4 and 5 of the Local Government (Compensation) Regulations 1974;

(ii) Part 3 of the Local Government (Compensation for Premature Retirement) Regulations 1982;

(iii) Part K of the Local Government Superannuation Regulations 1986(1);

(iv) Parts 3 and 6 of the Local Government (Discretionary Payments) Regulations 1996; or

(v) Part 4 of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000.”.

(1)

Part K was revoked by S.I. 1996/1680.