The Local Government Pension Scheme (Miscellaneous Amendments) Regulations 2014

Amendment of the Local Government Pension Scheme (Administration) Regulations 2008

6.—(1) For regulation 13(3) (joining the Scheme) substitute—

“(3) But a person who, in respect of an employment, has given notice to his or her employer before 1st October 2012—

(a) before that person’s employment commenced, or before that person was designated as eligible to become a member of the Scheme, that he or she did not wish to become a member of the Scheme; or

(b) under regulation 14 (ending of membership),

does not become a member of the Scheme by virtue of paragraph (1) or (2).”.

(2) For regulation 13(4) substitute—

“(4) A person who would, apart from this paragraph, be an active member of the Scheme by virtue of paragraph (1) or (2) who is employed under a contract of employment of less than 3 months does not become a member on the day specified in paragraph (1) or (2) but becomes an active member—

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

(b) if the person applies 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.”.

(3) After regulation 13(5) insert—

“(5A) A person who is eligible to be an active member of the Scheme but who is not an active member, becomes a member of the Scheme in an employment on the automatic enrolment date or automatic re-enrolment date relating to that employment.”.

(4) After regulation 13(6) insert—

“(7) In this regulation—

“automatic enrolment date” means the automatic enrolment date applicable to the member’s employer within the meaning of section 3 of the Pensions Act 2008(1), subject to sections 4 and 30 of that Act;

“automatic re-enrolment date” means the automatic re-enrolment date applicable to the member’s employer within the meaning of section 5 of the Pensions Act 2008(2) and regulation 12 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010(3).”.

(1)

2008 c. 30; section 3 was substituted by the Pensions Act 2011.

(2)

2008 c. 30; section 5 was substituted by the Pensions Act 2011,

(3)

S.I. 2010/772.