The Local Government Pension Scheme (Miscellaneous Amendment) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Local Government Pension Scheme Regulations 2013 and the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (“the Transitional Regulations”). Both sets of regulations came substantively into effect on 1st April 2014 and certain provisions listed in regulation 1 take effect from that date. Section 12(1) of the Superannuation Act 1972 and section 3(3)(b) of the Public Service Pensions Act 2013 provides that scheme regulations may make retrospective provision.

Regulation 2 enables the Secretary of State to issue guidance to administering authorities. Regulation 4 amends the Transitional Regulations to remove the requirement for an employer to give consent for a member to elect for early payment of benefits where that member left with deferred benefits before 1st April 1988 and is aged between 55 and 59. Regulation 5 amends the Transitional Regulations to make provision for survivor pensions in the scheme constituted by the 2013 Regulations (“the 2013 scheme”), where the survivor was a civil partner or a same sex spouse of the deceased member.

An impact assessment has not been produced for this instrument as no impact is anticipated on the private or voluntary sectors.