The Local Government Pension Scheme (Offender Management) (Amendment) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Local Government Pension Scheme Regulations 2013 (“the 2013 Regulations”) to enable continued membership of the Local Government Pension Scheme by probation staff in England and Wales notwithstanding changes to the employment arrangements of those staff.

Regulation 3 inserts a new regulation 3A into the 2013 Regulations which has the effect that the Secretary of State takes on the role of employer for the purposes of those Regulations for probation staff employed as civil servants; in relation to former probation staff; and staff who transfer to new employers as a result of the changes to employment arrangements of probation staff where the new employer ceases to be involved in the provision of probation services.

Regulation 4 permits probation staff employed as civil servants to remain members of the local government pension scheme notwithstanding the fact that their employer offers membership of a different public service pension scheme.

Regulation 5 disapplies the obligation on probation trusts to pay an exit payment when the employment of probation staff transfers to different employers. It also modifies that obligation upon any further transfer of probation staff to different employers.

Regulations 6 and 7 make provision for the transfer of assets and liabilities between administering authorities consequent upon the appointment of Tameside Metropolitan Borough Council as the appropriate administering authority for all probation staff.

Regulation 8 amends Schedule 2 to the 2013 Regulations to insert the Secretary of State into the list of Scheme employers in relation to designated probation staff.

Regulation 9 permits the Secretary of State to give a guarantee in respect of the pension liabilities of admission body employers involved in the provision of probation services as an alternative to an indemnity or bond.

Regulation 10 identifies Tameside Metropolitan Borough Council as the appropriate administering authority for probation staff for whom the Secretary of State has employer functions under the 2013 regulations.

Regulation 11 contains transitional provisions which permit the Secretary of State to commence consultation with the Government Actuary’s Department before these Regulations come into force; and which apply the obligations on employers and administering authorities in relation to probation staff under the 2013 Regulations also to rights and liabilities arising out of the regulations constituting earlier local government pension schemes.

An impact assessment has not been produced for these Regulations because no impact on the private or voluntary sectors is foreseen.