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The Local Government Pension Scheme Regulations 2013

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Changes over time for: The Local Government Pension Scheme Regulations 2013 (Schedules only)

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Version Superseded: 01/04/2020

Status:

Point in time view as at 08/11/2019.

Changes to legislation:

The Local Government Pension Scheme Regulations 2013 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

SCHEDULES

Regulation 2

SCHEDULE 1E+WInterpretation

  • active member” means a person who is in an employment, and—

    (a)

    paying contributions to the Scheme,

    (b)

    treated as paying contributions to the Scheme, or

    (c)

    absent from that employment for one of the reasons mentioned in regulation 11;

  • actuarial guidance issued by the Secretary of State” means guidance identified by the Secretary of State as such which has been issued in accordance with regulation 2(3);

  • additional maternity or adoption leave” means leave under section 73 or 75B of the Employment Rights Act 1996 M1;

  • F1...

  • additional pension” means pension under these Regulations other than earned pension;

  • administering authority” means a body listed in Part 1 of Schedule 3 which is required to hold a fund for the purposes of these Regulations;

  • admission agreement” means an agreement between an administering authority and an admission body that named individuals, or all or any specified class of the admission body's employees, may be members of the Scheme;

  • admission body” has the meaning given in paragraph 1 of Part 3 of Schedule 2;

  • amount of accrued pension” means the earned pension in a member's pension account adjusted to take account of any revaluation adjustment applicable;

  • amount of pension payable” means the earned and additional pension in a member's pension account adjusted to take account of any revaluation adjustment, index rate adjustment, commutation amount or pension account adjustment applicable;

  • annual allowance charge” has the meaning given to that expression by section 227 of the Finance Act 2004 M2;

  • assumed pensionable pay” has the meaning given by regulation 21;

  • automatic enrolment date” means the automatic enrolment date within the meaning of section 3 of the Pensions Act 2008 M3;

  • automatic re-enrolment date” means the automatic re-enrolment date chosen by a member's employer in accordance with section 5 of the Pensions Act 2008 M4 and regulation 12 of the Occupational and Personal Pensions Schemes (Automatic Enrolment) Regulations 2010 M5 for those of its eligible jobholders who are not active members (or the date the employer would have chosen if the employer does not have any such employees);

  • AVC” means a payment of additional voluntary contributions made under regulation 17;

  • 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;

  • benefit crystallisation event” has the meaning given by section 216 of the Finance Act 2004 M6;

  • child-related leave” means—

    (a)

    ordinary adoption leave;

    (b)

    ordinary maternity leave;

    (c)

    additional maternity or adoption leave during which the member receives some pensionable pay;

    (d)

    paternity leave; or

    (e)

    F2...

    (f)

    [F3shared parental leave during which the member receives some pensionable pay;]

  • children's pension” means a pension payable to an eligible child in accordance with regulation 42, 45 or 48;

  • [F4“Club Memorandum” means—

    (a)

    in respect of a Club Transfer completed before 1st April 2015, the memorandum published by the Cabinet Office under the title “The Public Sector Transfer Club – memorandum by the Cabinet Office” effective from 1st March 2012;

    (b)

    in respect of a Club Transfer completed in the period from 1st April 2015 to 28th February 2017, the memorandum published by the Cabinet Office under the title “The Public Sector Transfer Club – memorandum by the Cabinet Office” effective from 1st April 2015;

    (c)

    in respect of a Club Transfer completed on or after 1st March 2017, the memorandum published by the Cabinet Office under the title “The Public Sector Transfer Club – memorandum by the Cabinet Office” effective from 1st March 2017;

  • “Club Transfer” means a transfer of employment between members of the Public Sector Transfer Club in respect of which an employee is entitled under the terms of the Club Memorandum to benefit from the terms of the Club Memorandum; ]

  • commutation amount” means the amount of pension a member has elected to give up in return for a lump sum in accordance with regulation 33;

  • cohabiting partner” means a person whom the appropriate administering authority is satisfied fulfils the following conditions—

    (a)

    the person (P) has fulfilled the condition in paragraph (b) for a continuous period of at least 2 years on the date the member (M) died, and

    (b)

    the condition is that—

    (i)

    M is able to marry, or form a civil partnership with P,

    (ii)

    M and P are living together as if they were husband and wife or as if they were civil partners,

    (iii)

    neither M nor P is living with a third person as if they were husband and wife or as if they were civil partners, and

    (iv)

    either P is financially dependent on M, or M and P are financially interdependent;

  • deferred member” has the meaning given by regulation 6;

  • deferred payment enhancement” means the amount by which a member's entitlement is increased pursuant to regulation 30(4) or (11);

  • deferred pensioner member” has the meaning given by regulation 6;

  • dependent” in relation to a person means that in the opinion of the administering authority, at the date of the member's death—

    (a)

    the person was financially dependent on the member,

    (b)

    the person's financial relationship with the member was one of mutual dependence, or

    (c)

    the person was dependent on the member because of physical or mental impairment;

  • early payment reduction” means the amount by which a member's entitlement is reduced pursuant to regulation 30(5), (6) or (12);

  • earned pension” means pension accrued from the member's pensionable pay pursuant to regulation 23(4) or (5) or credited pursuant to regulation 101(1) (effect of acceptance of transfer value).

  • eligible child”, in relation to a deceased member, means—

    (a)

    a natural or adopted child of a member who meets any of conditions A to C and who was born before, on, or in the case of a natural child, within 12 months of the member's death; or

    (b)

    a step-child or child accepted by the deceased as a member of the family (excluding a child sponsored by the member through a registered charity) who—

    (i)

    meets any of conditions A to C; and

    (ii)

    was dependent on the member at the date of death.

  • Condition A is that the person is aged under 18.

  • Condition B is that the person is in full-time education or vocational training and has not reached the age of 23 (but an administering authority may continue to treat a person as fulfilling Condition B notwithstanding any break in a course of education or vocational training, although the person does not fulfil Condition B during such a break).

  • Condition C is that the person is unable to engage in gainful employment because of physical or mental impairment and either—

    (i)

    has not reached the age of 23; or

    (ii)

    the impairment is in the opinion of an IRMP likely to be permanent and the person was dependent on the member at the date of the member's death because of that physical or mental impairment.

  • European pensions institution” has the same meaning as in section 293(8) of the Pensions Act 2004 M7

  • gainful employment” means paid employment for not less than 30 hours in each week for a period of not less than 12 months;

  • [F5“Housing Ombudsman” means an individual appointed as housing ombudsman by the Secretary of State under Schedule 2 to the Housing Act 1996; and

  • F6...]

  • index rate adjustment” means the percentage increase that would apply if the balance in the member's account were a pension in payment eligible for increase under the Pensions (Increase) Act 1971 M8;

  • IRMP” means an independent registered medical practitioner who is registered with the General Medical Council and—

    (a)

    holds a diploma in occupational health medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA state; and for the purposes of this definition, “competent authority” has the meaning given by section 55(1) of the Medical Act 1983 M9; or

    (b)

    is an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA state;

  • joint liability amount” has the meaning given to that expression by section 237B(3) of the Finance Act 2004 M10;

  • [F7“local authority” means a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London and the Council of the Isles of Scilly.]

  • [F8“local government service” has the meaning given in regulation 2(1A)];

  • [F9“Local Government Pension Scheme Advisory Board” means the board established under regulation 110 (Scheme advisory board: establishment);

  • “local pension board” means a board established under regulation 106 (local pension boards: establishment);]

  • membership” is to be construed in accordance with section 124(1) of the Pensions Act 1995 M11

  • normal pension age” means the pensionable age of a person as specified from time to time in Schedule 4 to the Pensions Act 1995 M12, or if higher, age 65.

  • occupational pension scheme” has the meaning given by section 1 of the Pensions Schemes Act 1993 M13;

  • ordinary adoption leave” means leave under section 75A of the Employment Rights Act 1996 M14;

  • ordinary maternity leave” means leave under section 71 of the Employment Rights Act 1996;

  • partnerF10... means a spouse, civil partner or cohabiting partner;

  • paternity leave” means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002 M15;

  • payment period” means a period of service to which an employee's wages or salary payments relate;

  • pensionable age” has the meaning given in section 181 of the Pension Schemes Act 1993;

  • pensionable pay” has the meaning given by regulation 20 but if the circumstances specified in regulation 21(2) apply, references in these Regulations to a member's pensionable pay are references to that member's assumed pensionable pay;

  • pension account” means an account of the description in regulation 22.

  • pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 M16;

  • pension credit member” has the meaning given by regulation 8(1);

  • pension debit” means a debit under section 29(1)(a) of the Welfare Reform and Pensions Act 1999;

  • pensioner member” has the meaning given by regulation 7(1);

  • pensions board” means a board or committee established by an administering authority to discharge functions under regulation 53(4);

  • pension sharing order” means any provision or order specified in section 28 of the Welfare Reform and Pensions Act 1999;

  • Pensions Regulator” means the body corporate established under section 1 of the Pensions Act 2004 M17

  • permanently incapable” means that the member will, more likely than not, be incapable until at the earliest, the member's normal pension age;

  • [F11“Public Sector Transfer Club” means the arrangements approved by the Secretary of State and detailed in the Club Memorandum as providing reciprocal arrangements between the Scheme and other registered occupational pension schemes for making and receiving transfer value payments;]

  • public service pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 M18;

  • qualifying recognised overseas pension scheme” has the meaning given by section 169(2) of the Finance Act 2004 M19;

  • qualifying service for a period of two years” has the meaning given by regulation 3(7);

  • reference banks” means the seven largest persons for the time being who—

    (a)

    have permission under Part 4A of the Financial Services and Markets Act 2000 M20 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 purposes of this definition, the size of the 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 M21), as shown in the audited end-of-year accounts last published before that time;

  • registered pension scheme” has the same meaning as in section 150(2) of the Finance Act 2004 M22;

  • reserve forces pay” means the total of—

    (a)

    pay for performing relevant reserve forces service (including marriage, family and similar allowances), and

    (b)

    any payments under Part 5 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 M23;

  • reserve forces service leave” means absence from duty because of being called out or recalled for permanent service in Her Majesty's armed forces pursuant to a call-out notice served, or a call-out or recall order made, under the Reserve Forces Act 1996 M24;

  • retirement pension” includes earned pension and additional pension;

  • [F12“revaluation adjustment” means—

    (a)

    in the case of a balance transferred under a Club Transfer, the adjustment that would have applied to that balance if it had not been transferred; and

    (b)

    in any other case the percentage specified as the change in prices in the relevant Treasury order made under section 9(2) of the Public Service Pensions Act 2013 which is to be applied to a sum in a pension account at the beginning of the next scheme year];

  • the Scheme” means the scheme established by these Regulations;

  • [F13“Scheme actuary” means the actuary appointed under regulation 114 (Scheme actuary);]

  • Scheme employer” means a body listed in Schedule 2 employing an employee who is eligible to be a member and includes an admission body;

  • Scheme employer's consent” includes the consent of the appropriate administering authority in circumstances where the member's former employer is no longer a Scheme employer;

  • Scheme employment” means an employment by virtue of which a person is entitled to be a member of this Scheme;

  • Scheme pays election” means a member giving the administering authority notice of joint and several liability under section 237B of the Finance Act 2004 M25 in respect of the member's annual allowance charge;

  • Scheme year” means a period of one year beginning with 1st April and ending with 31st March;

  • [F14“shared parental leave” means leave under the Shared Parental Leave Regulations 2014;]

  • statutory pay” means any statutory [F15sick,] maternity, paternity[F16, shared parental] or adoption pay payable under the Social Security Contributions and Benefits Act 1992 M26;

  • survivor member” means a person entitled to a survivor pension or a children's pension;

  • survivor pension” means a pension payable under regulations 41, 42, 44, 45, 47 or 48;

  • [F17SCAVC] ” means an arrangement established under regulation 17 to which both the Scheme employer and the active member contribute;

  • Tier 1 benefits” has the meaning given by regulation 35(5) calculated in accordance with regulation 39;

  • Tier 2 benefits” has the meaning given by regulation 35(6) calculated in accordance with regulation 39;

  • Tier 3 benefits” has the meaning given by regulation 35(7) calculated in accordance with regulation 39;

  • trade dispute” has the meaning given in section 218 of the Trade Union and Labour Relations (Consolidation) Act 1992 M27;

  • transferred in benefit” means a benefit in a member's pension account deriving from a transfer value payment;

  • transfer value payment” means a payment made from the Scheme to another registered pension scheme or qualifying recognised overseas pension scheme, or a payment received by the Scheme from a registered pension scheme or from a European pensions institution.

Textual Amendments

F4Words in Sch. 1 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 20(a)

F6Words in Sch. 1 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), 28(a)

F7Words in Sch. 1 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), 28(b)

F9Words in Sch. 1 inserted (20.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by The Local Government Pension Scheme (Amendment) (Governance) Regulations 2015 (S.I. 2015/57), regs. 1(3)(b)(i), 8(a)

F10Words in Sch. 1 omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 20(c)

F11Words in Sch. 1 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 20(d)

F12Words in Sch. 1 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 20(e)

F13Words in Sch. 1 inserted (20.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by The Local Government Pension Scheme (Amendment) (Governance) Regulations 2015 (S.I. 2015/57), regs. 1(3)(b)(i), 8(b)

F15Word in Sch. 1 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 20(f)

F17Word in Sch. 1 substituted (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), 28(d)

Marginal Citations

M11996 c. 18; section 73 was substituted by the Employment Relations Act 1999; section 75B was inserted by the Employment Act 2002.

M22004 c. 12; section 227 has been amended by the Finance Act 2009 and the Finance Act 2011.

M32008 c. 30; section 3 was substituted by the Pensions Act 2011 and there have been further amendments which are not relevant to this instrument.

M4Section 5 was substituted by the Pensions Act 2011 and there have been further amendments which are not relevant to this instrument.

M62004 c. 12; section 216 has been amended by the Finance Acts 2005, 2006, 2008 and 2011.

M72004 c. 35; section 293(8) was amended by S.I. 2007/3014.

M91983 c. 54; the definition of “competent authority” was inserted by S.I. 2007/3101.

M102004 c.12; section 237B was inserted by the Finance Act 2011.

M131993 c. 48; the definition of “occupational pension scheme was substituted by the Pensions Act 2004 and was amended by S.I. 2007/3014.

M141996 c. 18; section 75A was inserted by the Employment Act 2002 and was amended by the Work and Families Act 2006.

M181993 c. 48; section 1 has amendments which are not relevant to this instrument.

M202000 c. 8; Part 4A was inserted by the Financial Services Act 2012.

M252004 c. 12. Section 237B was inserted by the Finance Act 2011.

Regulation 3

SCHEDULE 2E+WScheme employers

PART 1E+W

1.  In England, a county council, a district council, a London borough council, the Greater London Authority, the Common Council of the City of London and the Council of the Isles of Scilly.E+W

2.  In Wales, a county council or a county borough council.E+W

3.  A joint board, body or committee appointed under any Act or statutory order or statutory scheme, of which all the constituent authorities are councils of a description in paragraph 1 or 2 or a combination of such councils.E+W

4.  A Mayoral development corporation within the meaning of section 198 of the Localism Act 2011 M28.E+W

Marginal Citations

5.  A fire and rescue authority within the meaning of the Fire and Rescue Services Act 2004 M29.E+W

Marginal Citations

6.  A police and crime commissioner.E+W

7.  A chief constable within the meaning of section 2 of the Police Reform and Social Responsibility Act 2011 M30.E+W

Marginal Citations

8.  The Commission for Local Administration in England.E+W

9.  A probation trust established under section 5 of the Offender Management Act 2007 M31 or a National Probation Service local board.E+W

Marginal Citations

10.  The Chichester Harbour Conservancy.E+W

11.  The Lee Valley Regional Park Authority.E+W

12.  An integrated transport authority within the meaning of Part 5 of the Local Transport Act 2008 M32.E+W

Marginal Citations

13.  The Broads Authority.E+W

14.  A further education corporation, a sixth form college corporation or a higher education corporation within the meaning of section 90 of the Further and Higher Education Act 1992 M33.E+W

Marginal Citations

M331992 c. 13. Relevant amendments to section 90 were made by the Education Act 2011 (c. 21) and the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22 ).

15.  The London Pensions Fund Authority.E+W

16.  The South Yorkshire Pensions Authority.E+W

17.  The Environment Agency.E+W

18.  A National Park Authority established under Part 3 of the Environment Act 1995 M34.E+W

Marginal Citations

19.  An Education Action Forum within the meaning of section 11 of the School Standards and Framework Act 1998 M35.E+W

Marginal Citations

20.  A proprietor of an Academy within the meaning of section 579 (general interpretation) of the Education Act 1996 M36 who has entered into Academy arrangements within the meaning of section 1 (academy arrangements) of the Academies Act 2010 M37.E+W

Marginal Citations

M372010 c. 32. Section 1 has been amended by the Education Act 2011 (c. 21).

21.  A body set up by a local housing authority as a housing management company to exercise management functions of the authority under an agreement approved by the appropriate minister under section 27 of the Housing Act 1985 M38.E+W

Marginal Citations

M381985 c. 68. Section 27 was substituted by SI 2003/940 and was subsequently amended by SI 2010/844. For the definition of “appropriate minister” see section 27(18).

22.  The Valuation Tribunal Service established under section 105 of the Local Government Act 2003 M39 and the Valuation Tribunal for Wales established under regulation 4 of the Valuation Tribunal for Wales Regulations 2010 M40.E+W

Marginal Citations

M392003 c. 26. Section 27 was amended by the Local Government and Public Involvement in Health Act 2007 (c.28).

M40SI 2010/713 (W 69).

23.  A conservation board established under section 86 of the Countryside and Rights of Way Act 2000 M41.E+W

Marginal Citations

M412000 c. 37. There are amendments to section 86 which are not relevant.

[F1824.  A combined authority established by an order under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009]E+W

Textual Amendments

F18 Sch. 2 Pt. 1 para. 24 substituted for Sch. 2 Pt. 1 paras. 24, 25 (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), 29

Valid from 01/04/2023

F1825.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F18 Sch. 2 Pt. 1 para. 24 substituted for Sch. 2 Pt. 1 paras. 24, 25 (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), 29

PART 2E+W

1.  The Board of Governors of the Museum of London.E+W

2.  A body (other than a body listed in Part 1 of this Schedule) which is—E+W

(a)a precepting authority within the meaning of section 69 of the Local Government Finance Act 1992 M42 (interpretation),

(b)a levying body within the meaning of section 74 of the Local Government Finance Act 1988 M43 (levies), or

(c)a body to which section 75 of that Act (special levies) applies.

Marginal Citations

3.  A passenger transport executive.E+W

4.  An institution designated by an order under section 129 of the Education Reform Act 1988 M44.E+W

Marginal Citations

5.  An entity connected with a [F19body] listed in paragraphs 1 to 5 of Part 1 of this Schedule where “connected with” has the same meaning as in section 212(6) of the Local Government and Public Involvement in Health Act 2007 M45.E+W

Textual Amendments

F19Word in Sch. 2 Pt. 2 para. 5 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 21(a)

Marginal Citations

M452007 c. 28. Section 212 was amended by the Police Reform and Social Responsibility Act 2011

6.  A company under the control of a body listed in [F20paragraphs 6 to 24 of Part 1 of this Schedule] where “under the control” has the same meaning as in section 68 or, as the case may be, 73 of the Local Government and Housing Act 1989 M46 (except that any direction given by the Secretary of State must be disregarded, and any references to a local authority treated as references to such a body).E+W

Textual Amendments

F20Words in Sch. 2 Pt. 2 para. 6 substituted (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), 30

Marginal Citations

7.  The Public Services Ombudsman for Wales.E+W

8.  The Serious Organised Crime Agency.E+W

9.  Transport for London.E+W

10.  The London Transport Users' Committee.E+W

11.  The Cultural Strategy Group for London.E+W

12.  The Children and Family Court Advisory and Support Service.E+W

13.  An urban development corporation.E+W

[F2113A.  A development corporation established under the New Towns Act 1981 in relation to which the Secretary of State has appointed one or more local authorities to oversee the development of the new town under section 1A of that Act.]E

Textual Amendments

[F2214.  The Secretary of State, in respect of persons specified in regulation 3A(1) (civil servants engaged in probation provision).]E+W

[F2315.  Transport for the North.]E+W

PART 3E+W

1.  The following bodies are admission bodies with whom an administering authority may make an admission agreement—E+W

(a)a body which provides a public service in the United Kingdom which operates otherwise than for the purposes of gain and has sufficient links with a Scheme employer for the body and the Scheme employer to be regarded as having a community of interest (whether because the operations of the body are dependent on the operations of the Scheme employer or otherwise);

(b)a body, to the funds of which a Scheme employer contributes;

(c)a body representative of—

(i)any Scheme employers, or

(ii)local authorities or officers of local authorities;

(d)a body that is providing or will provide a service or assets in connection with the exercise of a function of a Scheme employer as a result of—

(i)the transfer of the service or assets by means of a contract or other arrangement,

(ii)a direction made under section 15 of the Local Government Act 1999 M47 (Secretary of State's powers),

(iii)directions made under section 497A of the Education Act 1996 M48;

(e)a body which provides a public service in the United Kingdom and is approved in writing by the Secretary of State for the purpose of admission to the Scheme.

Marginal Citations

M471999 c. 27; section 15 has been amended by the Local Government and Public Involvement in Health Act 2007 (c. 28) and the Local Government (Wales) Measure 2009.

2.  An approval under paragraph 1(e) may be subject to such conditions as the Secretary of State thinks fit and the Secretary of State may withdraw an approval at any time if such conditions are not met.E+W

3.  The Scheme employer, if it is not also the administering authority, must be a party to the admission agreement with a body falling within the description in paragraph 1(d).E+W

4.  In the case of an admission body falling within the description in paragraph 1(b), where at the date of the admission agreement the contributions paid to the body by one or more Scheme employers equal in total 50% or less of the total amount it receives from all sources, the Scheme employer paying contributions (or, if more than one pays contributions, all of them) must guarantee the liability of the body to pay all amounts due from it under these Regulations.E+W

5.  If the admission body is exercising the functions of the Scheme employer in connection with more than one contract or other arrangement under paragraph 1(d)(i), the administering authority and the admission body shall enter into a separate admission agreement in respect of each contract or arrangement.E+W

6.  An admission agreement must require the admission body to carry out, to the satisfaction of the administering authority, and to the satisfaction of the Scheme employer in the case of a body falling within paragraph 1(d)(i), an assessment, taking account of actuarial advice, of the level of risk arising on premature termination of the provision of service or assets by reason of insolvency, winding up, or liquidation of the admission body.E+W

7.  Notwithstanding paragraph 6, and subject to paragraph 8, the admission agreement must further provide that where the level of risk identified by the assessment is such as to require it, the admission body shall enter into an indemnity or bond in a form approved by the administering authority with—E+W

(a)a person who has permission under Part 4 of the Financial Services and Markets Act 2000 M49 to accept deposits or to effect and carry out contracts of general insurance;

(b)a firm in an EEA state of the kind mentioned in paragraph 5(b) and (d) of Schedule 3 to that Act M50, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) M51 to accept deposits or to effect and carry out contracts of general insurance; or

(c)a person who does not require permission under that Act to accept deposits, by way of business, in the United Kingdom.

Marginal Citations

M50Paragraph 5(b) of Schedule 3 was amended by S.I. 2006/3221, and paragraph 5(d) of that Schedule was amended by S.I. 2004/3379.

M51There are amendments to paragraphs 12 and 15 of the Schedule which are not relevant to these Regulations.

8.  Where, for any reason, it is not desirable for an admission body to enter into an indemnity or bond, the admission agreement must provide that the admission body secures a guarantee in a form satisfactory to the administering authority from—E+W

(a)a person who funds the admission body in whole or in part;

(b)in the case of an admission body falling within the description in paragraph 1(d), the Scheme employer referred to in that paragraph;

(c)a person who—

(i)owns, or

(ii)controls the exercise of the functions of,

the admission body; or

(d)the Secretary of State in the case of an admission body—

(i)which is established by or under any enactment, and

(ii)where that enactment enables the Secretary of State to make financial provision for that admission body[F24; or

(iii)which is a provider of probation services under section 3 of the Offender Management Act 2007 (power to make arrangements for the provision of probation services) or a person with whom such a provider has made arrangements under subsection (3)(c) of that section.]

Textual Amendments

9.  An admission agreement must include—E+W

(a)provision for it to terminate if the admission body ceases to be such a body;

(b)a requirement that the admission body notify the administering authority of any matter which may affect its participation in the Scheme;

(c)a requirement that the admission body notify the administering authority of any actual or proposed change in its status, including a take-over, reconstruction or amalgamation, insolvency, winding up, receivership or liquidation and a material change to the body's business or constitution;

(d)a right for the administering authority to terminate the agreement in the event of—

(i)the insolvency, winding up or liquidation of the admission body,

(ii)a material breach by the admission body of any of its obligations under the admission agreement or these Regulations which has not been remedied within a reasonable time,

(iii)a failure by the admission body to pay any sums due to the fund within a reasonable period after receipt of a notice from the administering authority requiring it to do so.

10.  An admission agreement must include a requirement that the admission body will not do anything to prejudice the status of the Scheme as a registered scheme.E+W

F2511.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

12.  Where an admission body is such a body by virtue of paragraph 1(d), an admission agreement must include—E+W

(a)a requirement that only employees of the body who are employed in connection with the provision of the service or assets referred to in that sub-paragraph may be members of the Scheme;

(b)details of the contract, other arrangement or direction by which the body met the requirements of that sub-paragraph;

(c)a provision whereby the Scheme employer referred to in that sub-paragraph may set off against any payments due to the body, an amount equal to any overdue employer and employee contributions and other payments (including interest) due from the body under these Regulations;

(d)a provision requiring the admission body to keep under assessment, to the satisfaction of the bodies mentioned in paragraph 6, the level of risk arising as a result of the matters mentioned in that paragraph;

(e)a provision requiring copies of notifications due to the administering authority under paragraph 9(b) or (c) to be given to the Scheme employer referred to in that sub-paragraph; and

(f)a provision requiring the Scheme employer referred to in that sub-paragraph to make a copy of the admission agreement available for public inspection at its offices.

13.  Where an admission body of the description in paragraph 1(d) undertakes to meet the requirements of these Regulations, the appropriate administering authority must admit to the Scheme the eligible employees of that body.E+W

[F2614.  An admission agreement may take effect on a date before the date on which it is executed.]E+W

Textual Amendments

F26Sch. 2 Pt. 3 para. 14 added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 21(b)(ii)

PART 4E+W

Column 1: Person eligible for membershipColumn 2: Body deemed to be Scheme employer
An employee of the governing body of a voluntary school where a local authority has, with the consent of the governing body, designated that employee or a class of employees to which that person belongs as being eligible for membershipThe local authority referred to in column 1
An employee of the governing body of a foundation school or foundation special school where a local authority has, with the consent of the governing body, designated that employee or a class of employees to which that person belongs as being eligible for membershipThe local authority referred to in column 1
An employee of the governing body of a technical institute or other similar institution which is for the time being assisted by a local authority under the Education Act 1996 M52where a local authority has, with the consent of the governing body, designated that employee or a class of employees to which that person belongs as being eligible for membershipThe local authority referred to in column 1
An employee of the governing body of a federated school where a local authority has, with the consent of the governing body, designated that employee or a class of employees to which that person belongs as being eligible for membershipThe local authority referred to in column 1
A person who was an active member of the 2008 Local Government Pension Scheme by virtue of regulation 8A of the Local Government Pension Scheme (Administration) Regulations 2008 M53 and who continues in the employment of the Commissioners for Her Majesty's Revenue and Customs.The London Pension Fund Authority
A coronerThe authority which appointed the coroner
F27. . .F27. . .
F27. . .F27. . .
A police and crime commissionerThat police and crime commissioner
A Local Commissioner within the meaning of Part 3 of the Local Government Act 1974 M54The Commission for Local Administration in England
A member of a passenger transport executive or a director of a subsidiary of a passenger transport executive, where the integrated transport authority for which the executive exercises its functions consents to the designation of that member or director as being eligible for membershipThe passenger transport executive
[F28The Housing Ombudsman] [F29The Housing Ombudsman but, where any decision by the Ombudsman in the capacity of Scheme employer affects the benefits to which the Ombudsman is or may be entitled, only if that decision has been confirmed in writing by the person who is chair of the Housing Ombudsman’s Audit and Risk Committee]

Textual Amendments

Marginal Citations

M53SI 2008/239. Regulation 8A was inserted by SI 2009/447.

Regulation 53

SCHEDULE 3E+WPension funds

PART 1E+W

1.  The following bodies are required to maintain a pension fund and are administering authorities for the purposes of these Regulations—E+W

(a)a county council in England;

(b)a London borough council;

(c)the Corporation of London;

(d)Bath and North East Somerset Council;

(e)Bedford Borough Council;

(f)City of Bradford Metropolitan District Council;

(g)Cheshire West and Chester [F30Borough] Council;

(h)East Riding of Yorkshire Council;

(i)Middlesborough Borough Council;

(j)South Tyneside [F31Borough] Council;

(k)Tameside [F32Metropolitan] Borough Council;

(l)Royal Borough of Windsor and Maidenhead Council;

(m)Wirral [F33Metropolitan] Borough Council;

(n)Wolverhampton City Council;

(o)the South Yorkshire Pension Authority;

(p)the Environment Agency;

(q)the London Pensions Fund Authority;

(r)Flintshire County Council;

(s)Carmarthenshire County Council;

[F34(t) County Council of the City and County of Cardiff];

(u)City and County of Swansea [F35Council];

(v)Gwynedd Council;

(w)Powys County Council;

(x)Rhondda Cynon Taf County Borough Council;

(y)Torfaen County Borough Council;

F36(z). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37(za)Dorset Council.]

Textual Amendments

F30Word in Sch. 3 Pt. 1 para. 1(g) 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), 31(a)

F31Word in Sch. 3 Pt. 1 para. 1(j) 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), 31(b)

F32Word in Sch. 3 Pt. 1 para. 1(k) 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), 31(c)

F33Word in Sch. 3 Pt. 1 para. 1(m) 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), 31(d)

F34Sch. 3 Pt. 1 para. 1(t) substituted (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), 31(e)

F35Word in Sch. 3 Pt. 1 para. 1(u) 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), 31(f)

PART 2E+W

1.  Subject to paragraph 3, the appropriate administering authority for a member of the Scheme is the authority specified in column 2 of the following table for a person of that description.E+W

2.  The appropriate administering authority for a former member of the Scheme, or a person entitled to any benefit in respect of a person who is or has been a member of the Scheme, is the same authority as would be the appropriate administering authority for the member in question if that member were still an active member.E+W

3.  The Secretary of State may, on application by a Scheme employer, by a written direction substitute a different administering authority as the appropriate administering authority for a person or class of person.E+W

4.  A direction under paragraph 3—E+W

(a)may only be given after the Secretary of State has consulted any bodies appearing to be affected by a proposed direction, and

(b)may include provision as to the making of adjustments between funds, the transfer of assets and liabilities, and any other consequential or incidental matters.

MemberAppropriate administering authority
An employee of an administering authority.That administering authority.
Except where a Scheme employer is listed elsewhere in this table, an employee of a Scheme employer listed in paragraphs 1 to 7, 9, 10, 12, 14, 18, 19, 21, 22 and 23 of Part 1 of Schedule 2, or paragraph 2, 4 or 13 of Part 2 of Schedule 2, which is situated wholly or mainly within the local government area [F38of a local authority]. [F39Where that local authority is an administering authority, that administering authority and where that local authority is not an administering authority, the administering authority which is the appropriate administering authority for that local authority.]

An employee of a Scheme employer listed in paragraphs 8, 9, 10 or 11 of Part 2 of Schedule 2.

An employee of the Greater London Authority.

[F40An employee of the London Fire Commissioner]

An employee of the Commission for Local Administration in England.

An employee of the Lee Valley Regional Park Authority.

An employee of the Valuation Tribunal Service employed in the London headquarters.

An employee of a proprietor of an Academy where immediately before the school achieved Academy status, the appropriate administering authority in relation to that school was the London Pensions Fund Authority.

The London Pensions Fund Authority.
An employee of the Board of Governors of the Museum of London.The Corporation of London
Except where an employee falls within the category of employee for whom this table provides that the London Pensions Fund Authority is the appropriate administering authority, an employee of a proprietor of an Academy. [F41Where the local authority within whose local government area the relevant workplace is located is an administering authority, that administering authority and where the local authority within whose local government area the relevant workplace is located is not an administering authority, the administering authority which is the appropriate administering authority for that local authority.]
An employee of a passenger transport executive.The same administering authority as is the appropriate administering authority for the integrated transport authority to which the [F42passenger transport executive] is accountable.
An employee of a Scheme employer listed in paragraphs 5 or 6 of Part 2 of Schedule 2.The same administering authority, or administering authorities, as is the appropriate administering authority or are the administering authorities for the F43... body or bodies to which the Scheme employer is connected or which it is under the control of.
An employee of the Broads AuthorityNorfolk County Council
An employee of the Council of the Isles of Scilly.Cornwall Council.
An employee of an admission body eligible for membership of the Scheme.The administering authority with which the employer has made the admission agreement.
An employee of the Natural Resources Body for Wales eligible for membership of the Scheme.The Environment Agency.
An employee of the Children and Family Court Advisory and Support ServiceCity of Bradford Metropolitan District Council
An employee of the Public Services Ombudsman for Wales;Cardiff County Council.
An employee of the National Probation Service local board for the Thames Valley area.Windsor and Maidenhead Council.
An employee of the National Probation Service local board for the South Wales area.Rhondda Cynon, Taf County Borough Council.
An employee of the National Probation Service local board for the Dyfed Powys area.Carmarthenshire Council.

[F44An employee of the following combined authorities—

( a)the Durham, Gateshead, South Tyneside and Sunderland Combined Authority established by the Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014; and

(b)the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority established by the Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018. ]

[F45South Tyneside Council.]
[F46A person deemed to be in the employment of the Secretary of State by regulation 3A(1).] [F47Tameside Metropolitan Borough Council.]
[F46A person to whom regulation 3A(5) applies.] [F47Tameside Metropolitan Borough Council.]
[F48An employee of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority established by the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014.] [F48South Yorkshire Pension Authority]
[F48An employee of the West Yorkshire Combined Authority established by the West Yorkshire Combined Authority Order 2014] [F48City of Bradford Metropolitan District Council]
[F48An employee of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority established by the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014] [F48Wirral Metropolitan Borough Council]
[F48An employee of the Greater Manchester Combined Authority established by the Greater Manchester Combined Authority Order 2011] [F48Tameside Metropolitan Borough Council]

[F48An employee of the following local authorities:

Oldham Metropolitan Borough Council

Rochdale Metropolitan Borough Council

Stockport Metropolitan Borough Council

Manchester City Council

Salford City Council

Wigan Metropolitan Borough Council

Bolton Metropolitan Borough Council

Bury Metropolitan Borough Council

Trafford Metropolitan Borough Council]

[F48Tameside Metropolitan Borough Council]

[F48An employee of the following local authorities:

Blackburn with Darwen Borough Council

Blackpool Council]

[F48Lancashire County Council]

[F48An employee of the following local authorities:

Sefton Council

Liverpool City Council

Knowsley Metropolitan Borough Council

St Helens Metropolitan Borough Council]

[F48Wirral Metropolitan Borough Council]
[F48An employee of City of York Council] [F48North Yorkshire County Council]

[F48An employee of the following local authorities:

Barnsley Metropolitan Borough Council

Doncaster Metropolitan Borough Council

Sheffield Metropolitan District Council

Rotherham Metropolitan Borough Council]

[F48South Yorkshire Pension Fund Authority]

[F48An employee of the following local authorities:

Leeds City Council

Calderdale Council

Kirklees Council

City of Wakefield City Council]

[F48City of Bradford Metropolitan District Council]

[F48An employee of the following local authorities:

Kingston Upon Hull City Council

North Lincolnshire Council

North East Lincolnshire Borough Council]

[F48East Riding of Yorkshire Council]

[F48An employee of the following local authorities:

Council of the Borough of North Tyneside

Newcastle City Council

Sunderland City Council

Gateshead Council]

[F48The Council of the Borough of South Tyneside]
[F48An employee of Darlington Borough Council] [F48Durham County Council]

[F48An employee of the following local authorities:

Hartlepool Borough Council

Stockton-on-Tees Borough Council

Redcar and Cleveland Borough Council]

[F48Middlesbrough Borough Council]

[F48An employee of the following local authorities:

Cheshire East Council

Halton Borough Council

Warrington Borough Council]

[F48Cheshire West and Chester Borough Council]
[F48An employee of Stoke-on-Trent City Council] [F48Staffordshire County Council]

[F48An employee of the following local authorities:

Birmingham City Council

Walsall Metropolitan Borough Council

Sandwell Metropolitan Borough Council

Coventry City Council

Solihull Metropolitan Borough Council

Dudley Metropolitan Borough Council]

[F48Wolverhampton City Council]
[F48An employee of Telford and Wrekin Council] [F48Shropshire Council]
[F48An employee of County of Herefordshire District Council] [F48Worcestershire County Council]
[F48An employee of Derby City Council] [F48Derbyshire County Council]

[F48An employee of the following local authorities

Leicester City Council

Rutland County Council District Council]

[F48Leicestershire County Council]
[F48An employee of Nottingham City Council] [F48Nottinghamshire County Council]

[F48An employee of the following local authorities:

Central Bedfordshire Council

Luton Borough Council]

[F48Bedford Borough Council]
[F48An employee of Peterborough City Council] [F48Cambridgeshire County Council]

[F48An employee of the following local authorities:

West Berkshire District Council

Reading Borough Council

Wokingham District Council

Slough Borough Council

Bracknell Forest Borough Council]

[F48Royal Borough of Windsor and Maidenhead]

[F48An employee of the following local authorities:

Southend-on-Sea Borough Council

Thurrock Council]

[F48Essex County Council]
[F48Brighton & Hove City Council] [F48East Sussex County Council]
[F48An employee of Medway Council] [F48Kent County Council]
[F48An employee of Milton Keynes Council] [F48Buckinghamshire County Council]
[F49An employee of Bournemouth, Christchurch and Poole Council] [F49Dorset Council]
[F48An employee of Swindon Borough Council] [F48Wiltshire Council]

[F48An employee of the following local authorities:

Portsmouth City Council

Southampton City Council]

[F48Hampshire County Council]

[F48An employee of the following local authorities:

Bristol City Council

South Gloucestershire Council

North Somerset Council]

[F48Bath and North East Somerset Council]

[F48An employee of the following local authorities:

Plymouth City Council

Council of the Borough of Torbay]

[F48Devon County Council]

[F48An employee of the following local authorities:

Pembrokeshire County Council

Ceredigion County Council]

[F48Carmarthenshire County Council]
[F48An employee of Vale of Glamorgan Council] [F48County Council of the City and County of Cardiff]
[F48An employee of Neath Port Talbot Borough Council] [F48City and County of Swansea Council]

[F48An employee of the following local authorities:

Wrexham County Borough Council

Denbighshire County Council]

[F48Flintshire County Council]

[F48An employee of the following local authorities:

Conwy County Borough Council

Isle of Anglesey County Council]

[F48Gwynedd Council]

[F48An employee of the following local authorities:

Bridgend County Borough Council

Merthyr Tydfil County Borough Council]

[F48Rhondda Cynon Taf County Borough Council]

[F48An employee of the following local authorities:

Monmouthshire County Council

Newport City Council

Caerphilly County Borough Council

Blaenau Gwent County Borough Council]

[F48Torfaen County Borough Council]
[F48An employee of the North Wales Fire and Rescue Authority] [F48Flintshire County Council]
[F50An employee of the Tees Valley Combined Authority established by the Tees Valley Combined Authority Order 2016] [F50Middlesbrough Borough Council]
[F51An employee of the West Midlands Combined Authority established by the West Midlands Combined Authority Order 2016] [F51Wolverhampton City Council]
[F52An employee of the West of England Combined Authority established by the West of England Combined Authority Order 2017] [F52Bath and North East Somerset Council]
[F53An employee of the Cambridgeshire and Peterborough Combined Authority established by the Cambridgeshire and Peterborough Combined Authority Order 2017] [F53Cambridgeshire County Council]
[F54An employee of Transport for the North] [F54Tameside Metropolitan Borough Council]

Textual Amendments

F38Words in Sch. 3 Pt. 2 table substituted (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), 32(a)

F39Words in Sch. 3 Pt. 2 table substituted (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), 32(b)

F41Words in Sch. 3 Pt. 2 table substituted (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), 32(c)

F42Words in Sch. 3 Pt. 2 table substituted (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), 32(d)

F43Words in Sch. 3 Pt. 2 table omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Local Government Pension Scheme (Amendment) Regulations 2018 (S.I. 2018/493), regs. 1(2), 22

F48Words in Sch. 3 Pt. 2 table added (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), 32(e)

F50Words in Sch. 3 Pt. 2 table inserted (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 11

F51Words in Sch. 3 Pt. 2 table inserted (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), arts. 1(2), 15(3)

F52Words in Sch. 3 Pt. 2 table inserted (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 29

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