The Local Government Pension Scheme Regulations 2013

Membership E+W

Active membership E+W

3.— [F1 (1) Subject to regulation 4 (restriction on eligibility for active membership), a person is eligible to be an active member of the Scheme—

(a) if working in local government service; or

(b) if—

(i) by virtue of regulation 2(1C) (introductory: potential eligibility for membership) the Scheme may potentially relate to that person;

(ii) a determination under section 25(5) of the Public Service Pensions Act 2013 has been made in respect of that person; and

(iii) that person’s employer has designated that person, or a class of employees to which that person belongs, as being eligible for membership of the Scheme.]

[F2 (1A) The following functions are delegated to administering authorities—

(a) the function of making a determination under section 25(5) of the Public Service Pensions Act 2013 (“a determination”), in relation to persons of the description in regulation 2(1C); and

(b) the function of publishing a list under section 25(9) of that Act of the persons to whom the Scheme relates by virtue of a determination.]

(2) In the case of a person eligible for membership [F3 by virtue of regulation 2(1B)(b)], the person specified in the second column corresponding to that member is deemed to be that member's Scheme employer for the purposes of these Regulations.

(3) Subject to paragraph (4), a person eligible to be an active member of the Scheme in an employment becomes an active member on the day that person's employment begins or (if later) the day the person becomes eligible for membership.

(4) A person who would, apart from this paragraph, be an active member of the Scheme by virtue of paragraph (3) who is employed under a contract of employment of less than three months does not become a member on the day specified in paragraph (3) but becomes an active member—

(a) on the member's automatic enrolment date,

[F4 (b) on the first day of the payment period following an application to become a member, or]

(c) on the first day of the payment period following an extension to the contract of employment to be for three months or more

whichever is the earliest.

(5) Where an administering authority enters into an admission agreement with an admission body—

(a) the admission agreement must comply with the requirements specified in paragraphs 3 to 12 of Part 3 of Schedule 2; and

(b) these Regulations apply to the admission body and to employment with the admission body in the same way as if the admission body were a Scheme employer listed in Part 2 of Schedule 2.

(6) A person who is eligible to be an active member in an employment, but who is not an active member in that employment—

(a) may apply in writing to the person's Scheme employer to join the Scheme, and becomes an active member in that employment on the first day of the payment period following the application; but in any event,

(b) becomes an active member in an employment on the automatic enrolment date or automatic re-enrolment date relating to that employment.

(7) Subject to paragraph (8) and regulation 5(5) (person whose membership is less than three months treated as never having been a member), an active member has qualifying service for a period of two years if—

(a) that member has spent two years as an active member;

(b) a transfer value payment has been received in respect of rights accrued in a different occupational pension scheme or under a European pensions institution and the length of service in respect of which that person accrued benefits in that scheme was two or more years;

(c) the aggregate of the period the person has spent as an active member of the Scheme and of a different occupational pension scheme or European Pensions Institution in respect of which a transfer value payment has been accepted, is two years;

(d) a transfer value payment has been received in respect of rights accrued in a scheme or arrangement that does not permit a refund of contributions to the member;

(e) the member has paid National Insurance contributions whilst an active member and ceases active membership after the end of the tax year preceding that in which the member attains pensionable age;

(f) the member already holds a deferred benefit or is in receipt of a pension (other than a survivor's pension or pension credit member's pension) under these Regulations;

(g) a transfer value payment has been made to a qualifying recognised overseas pension scheme; F5 ...

(h) the member ceases active membership at age 75; [F6 or,

(i) the member dies.]

(8) The following periods do not count as periods of qualifying service for the purposes of these Regulations—

(a) any period for which contributions have been returned to the member;

(b) any period of membership derived from a non-contributory pension scheme or arrangement from which a transfer payment has been received and which is attached to the membership in respect of which contributions have been returned under regulation 18 (rights to return of contributions).

(c) any period in respect of which rights have been transferred to another registered pension scheme other than a qualifying recognised overseas pension scheme;

(d) any period in respect of which the member has been deprived of benefits under regulation 91 (forfeiture of pension rights after conviction for employment-related offences).

Textual Amendments

F1 Reg. 3(1) substituted (14.5.2018) by The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 4(1)

F2 Reg. 3(1A) inserted (14.5.2018) by The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 4(2)

F3 Words in reg. 3(2) substituted (14.5.2018) by The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 4(3)

F4 Reg. 3(4)(b) substituted (with effect in accordance with reg. 1(2)(a) of the amending S.I.) by The Local Government Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/755), regs. 1(2), 3

F5 Word in reg. 3(7)(g) omitted (with effect in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Local Government Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/755), regs. 1(2), 4

F6 Reg. 3(7)(i) and word inserted (with effect in accordance with reg. 1(2)(b) of the amending S.I.) by The Local Government Pension Scheme (Amendment) Regulations 2015 (S.I. 2015/755), regs. 1(2), 4

Modifications etc. (not altering text)

C1 Reg. 3(3) restricted (1.4.2014) by The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (S.I. 2014/525), regs. 1(3), 5(3)

[F7 Civil servants etc engaged in probation provision E+W

3A.— (1) A person who meets Condition A and Condition B shall for the purposes of these Regulations be deemed to be in the employment of the Secretary of State.

(2) Condition A is that the person is employed in the civil service of the State.

(3) Condition B is that the person is engaged in probation provision within the meaning of section 2 of the Offender Management Act 2007 (responsibility for ensuring the provision of probation services).

(4) Upon and following the transfer of the responsibility for probation services from a probation trust to another person as a result of arrangements made for the provision of probation services under section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services), any provision of these Regulations which confers a function on a body by virtue of being or having been a member’s employer shall, subject to paragraph (6), have effect as if the Secretary of State were the employer of a person to whom paragraph (5) applies.

(5) This paragraph applies to—

(a) any deferred member, deferred pensioner member, pensioner member or person entitled to a refund of contributions under a local government pension scheme by virtue of employment with a probation trust, or with a predecessor local probation board or probation committee, which ended before the transfer of the responsibilities referred to in paragraph (4) and in respect of whom the probation trust was the Scheme employer immediately prior to the transfer of responsibilities referred to in paragraph (4);

(b) any member who becomes a deferred member, deferred pensioner member or pensioner member after the transfer of responsibilities referred to in paragraph (4) above who is a member of the Scheme by virtue of employment with a Scheme employer who is engaged in the provision of probation services (but only in respect of benefits relating to periods of membership whilst the member was engaged in the provision of probation services or periods of membership which have been aggregated with such periods, or benefits derived from a transfer into the Scheme during such periods of membership) and:

(i) either that employment was continuous with the same Scheme employer or it was compulsorily transferred on one or more occasions to another Scheme employer engaged in the provision of probation services;

(ii) the admission agreement under which that member was participating in the Scheme has terminated or the Scheme employer that last employed the member has ceased to be a Scheme employer engaged in the provision of probation services in relation to that employment; and

(iii) the member was in the employment of a Scheme employer engaged in the provision of probation services at a time when that employer was in the ownership of the Secretary of State;

(c) a survivor member or pension credit member who is entitled to a survivor’s pension or a children’s pension or a pension credit (as the case may be) by virtue of the membership of the Scheme of a person to whom paragraph 5(a) or paragraph 5(b) applies;

(d) a person specified in arrangements made under section 3 of the Offender Management Act 2007 as a person to whom this paragraph applies; or

(e) such other person who is or was employed by a person engaged, either currently or in the past, in the provision of probation services or in activities associated with the provision of probation services, as the Secretary of State may specify as a person to whom this paragraph applies.

(6) Paragraphs (4) and (5) do not apply in respect of any member of a local government pension scheme in respect of whose benefits an exit payment has been made which has met the liabilities of the fund in respect of those benefits.

(7) For the purposes of this regulation—

“exit payment” means a payment of that description under regulation 64 (special circumstances where revised actuarial valuations and certificates must be obtained) or its equivalent under any of the Earlier Schemes;

“probation trust” means a trust established under section 5 of the Offender Management Act 2007;

“a local government pension scheme” means the Scheme or any of the Earlier Schemes; and

“Earlier Schemes” has the meaning given in regulation 1(6) of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014.]

Textual Amendments

F7 Reg. 3A inserted (1.6.2014) by The Local Government Pension Scheme (Offender Management) (Amendment) Regulations 2014 (S.I. 2014/1146), regs. 1(2), 3 (with reg. 11)

Restriction on eligibility for active membership E+W

4.—(1) Subject to [F8 paragraphs (2) to (4)] the following are not entitled to be active members in an employment—

(a) a person entitled to membership of another public service pension scheme in relation to that employment;

(b) a person aged 75 or over; or

(c) an employee of an admission body who is a member of another occupational pension scheme in relation to that employment.

(2) Paragraph (1)(a) does not apply to a person who is entitled to be a member of a National Health Pension Scheme (“an NHS Scheme”) for England and Wales if—

(a) the person's entitlement to be a member of an NHS Scheme is by reason of employment by—

(i) a Care Trust designated under section 77 of the National Health Service Act 2006 M1 ,

(ii) an NHS Scheme employing authority as a result of a prescribed arrangement under section 75 of that Act, or section 33 of the National Health Service (Wales) Act 2006 M2 , or

(iii) the Care Quality Commission as a result of a transfer of employment from the Commission for Social Care Inspection, in connection with its dissolution under Part 1 of the Health and Social Care Act 2008 M3 ;

(b) the person is designated, or belongs to a class of employees that is designated as eligible for membership of the Scheme in an admission agreement made between an administering authority and one of the bodies specified in sub-paragraph (a)(i) to (iii);

(c) the person was an active member immediately before becoming employed by one of those bodies; and

(d) the person is not an active member of an NHS Scheme in relation to that employment.

(3) Paragraph (1)(a) does not apply to a member on reserve forces service leave who is entitled to be a member of the Armed Forces Pension Scheme if the member makes an election to the Scheme employer to remain a member of the Scheme.

[F9 (4) Paragraph (1)(a) does not apply to a person who is eligible to join the Scheme by reason of employment described in regulation 3A(1) if—

(a) the person is designated, or belongs to a class of employees that is designated as eligible for membership of the Scheme pursuant to regulation 3(1)(b); and

(b) the person is not an active member of any other public service pension scheme in relation to that employment.]

Textual Amendments

F8 Words in reg. 4(1) substituted (1.6.2014) by The Local Government Pension Scheme (Offender Management) (Amendment) Regulations 2014 (S.I. 2014/1146), regs. 1(2), 4(a)

F9 Reg. 4(4) inserted (1.6.2014) by The Local Government Pension Scheme (Offender Management) (Amendment) Regulations 2014 (S.I. 2014/1146), regs. 1(2), 4(b)

Marginal Citations

M1 2006 c. 41. Section 77 has been amended by the Health and Social Care Act 2012 (c. 7).

M2 2006 c. 42.

M3 2008 c. 14.

Ending active membership E+W

5.—(1) A person ceases to be an active member in an employment if that person ceases to be eligible for membership of the Scheme through that employment and membership in that employment ceases from the date that eligibility ceases.

(2) A person ceases to be an active member in an employment from the date specified in a written notice given by that person to that person's Scheme employer that the person wishes to leave the Scheme.

(3) But an active member who gives notice under paragraph (2) specifying no date, or a date earlier than the date the notice is given, ceases to be an active member in that employment at the end of the payment period during which the notice is given.

(4) A person ceases to be an active member when that person attains the age of 75.

(5) A person who, by virtue of a written notice given under paragraph (2), ceases to be an active member before being an active member for three months is to be treated as not having been an active member.

Deferred and deferred pensioner members E+W

6.—(1) A person is a deferred member of the Scheme in relation to an employment if—

(a) the person has qualifying service for a period of at least two years;

(b) the person is no longer an active member in relation to that employment;

(c) the person has not started to receive any pension under the Scheme in relation to that employment; and

(d) the person has not reached the age of 75.

(2) A person may be a deferred member of the Scheme in relation to one period of membership notwithstanding the fact that the same person is a member in the same or a different category in relation to a different period of membership.

(3) A person who was in receipt of Tier 3 benefits is a deferred pensioner member of the Scheme whilst those benefits are discontinued under regulation 37(3) or (7)(c).

(4) A person may be a deferred pensioner member of the Scheme in relation to one period of membership notwithstanding the fact that the same person is a member in the same or a different category in relation to a different period of membership.

Modifications etc. (not altering text)

C2 Reg. 6(1) applied (with modifications) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Local Government Pension Scheme (Wandsworth and Richmond Fund Merger) Regulations 2016 (S.I. 2016/1241), regs. 1(2), 2

Pensioner members E+W

7.—(1) A person is a pensioner member of the Scheme if that person—

(a) was an active member; or

(b) was a pension credit member,

and is in receipt of a benefit from the Scheme relating to that membership.

(2) A person may be a pensioner member in relation to one period of membership notwithstanding the fact that the same person is a member in the same or a different category in relation to a different period of membership.

Pension credit and survivor members E+W

8.—(1) A person is a pension credit member of the Scheme if that person has been given a pension credit in the Scheme as a consequence of a pension debit created under section 29 of the Welfare Reform and Pension Act 1999 M4 in relation to a member of the Scheme.

(2) A person is a survivor member of the Scheme if that person is entitled to a benefit under regulations 41, 42, 44, 45, 47 or 48 (survivor pensions).

Marginal Citations

M4 1999 c. 30.