- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Transitional Provisions) Regulations 2008.
(2) These Regulations apply in relation to England and Wales(1).
(3) These Regulations shall come into force as follows—
(a)regulation 8 on 10th March 2008; and
(b)the remainder on 1st April 2008.
(4) In these Regulations—
“the 1997 Regulations” means the Local Government Pension Scheme Regulations 1997(2);
“the 1997 Scheme” means the occupational pension scheme constituted by the 1997 Regulations;
“the Administration Regulations” means the Local Government Pension Scheme (Administration) Regulations 2008(3);
“the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007(4); and
“the Scheme” means the Local Government Pension Scheme 2008 constituted by the Benefits Regulations and the Administration Regulations.
2.—(1) Except where these Regulations provide otherwise, the Regulations listed in Schedule 1 are revoked.
(2) Accordingly, no person may become a member of the 1997 Scheme after 31st March 2008 or accrue benefits in it in respect of any service after that date.
3.—(1) This regulation applies to a person who was an active member of the 1997 Scheme and becomes a member of the Scheme by virtue of regulation 2 of the Benefits Regulations.
(2) Notwithstanding the revocations effected by regulation 2, the regulations listed in the Schedule continue to have effect, subject to regulation 4, so far as is necessary so that—
(a)The person’s total membership accrued in the 1997 Scheme in respect of, or calculated by reference to, his service before 1st April 2008, and the pension rights accrued at that date, are preserved; and
(b)his benefits under the 1997 Scheme are payable immediately where benefits become payable without reduction under regulations 16, 17, 19 and 20 of the Benefits Regulations, or with the appropriate actuarial reduction in line with guidance produced by the Government Actuary where benefits become payable under regulations 18 or 30 of the Benefits Regulations.
(3) But his pay, for the purposes of any calculation of benefits under paragraph (2), is calculated in accordance with regulations 8 to 11 of the Benefits Regulations.
(4) And, for the purposes of regulations 24, 33 or 36 of the Benefits Regulations as they apply to nominated cohabiting partners or civil partners, only periods of membership after 5th April 1988 are to be taken into account.
4.—(1) This regulation applies to a person—
(a)who was a deferred member of the 1997 Scheme;
(b)who becomes a member of the Scheme by virtue of regulation 13 of the Administration Regulations; and
(c)whose preserved benefits under the 1997 Scheme have not yet come into payment.
(2) He may choose, by notice in writing to the appropriate administering authority within 12 months of becoming a member of the Scheme under paragraph (1)(b), to be treated as if regulation 3 applied.
5. Where a member to whom regulation 3 applies has membership to which regulation 17 of the Administration Regulations also applies, the calculation of any period for the purposes of the latter provision is carried out separately in respect of periods of employment before 1st April 2008 as if regulation 32A of the 1997 Regulations still applied and in respect of periods of employment after 31st March 2008 in accordance with regulation 17 of the Administration Regulations.
6.—(1) Subject to paragraphs (2) and (3), any survivor benefits payable in respect of a person to whom regulation 3 or 4 applies are calculated as if the Benefits Regulations applied to all of his membership, whether accrued before or after 1st April 2008.
(2) The survivor benefits payable in respect of a deferred member to whom regulation 4 does not apply are calculated as if his total membership before 1st April 2008 was a separate period of membership to which the conditions in force at the time he became a deferred member apply.
(3) Regulation 42 of the 1997 Regulations continues to apply to a deferred or pensioner member who marries after becoming such a member.
7. Where a person to whom regulation 3 applies becomes a deferred member after 31st March 2008 and dies before his pension comes into payment, the sum of any death grants to which he is entitled under any provision of the Scheme or of the 1997 Scheme, as continued in effect by regulation 3, shall not exceed his retirement pension multiplied by five.
8. The employing authority of a person to whom regulation 2(3) of the Benefits Regulations applies shall inform him, before 1st April 2008, of the contribution rate applicable to him in accordance with regulation 3(2) of those Regulations.
9.—(1) Subject to paragraph (4), the contribution rates set out in the table in regulation 3(2) of the Benefits Regulations (“the 2007 table”) do not apply to a person to whom regulation 12(3) of the 1997 Regulations, as continued in effect by regulation 3(2), applies.
(2) Instead, the contribution rate to be applied to such a member is calculated in accordance with the following table—
Year commencing | Contribution rate |
---|---|
1st April 2008 | 5.25% |
1st April 2009 | 5.5% |
1st April 2010 | 6.5% |
(3) But if the application of the table set out in paragraph (2) would result in a member’s contribution rate being greater that if the table applied, his contribution is paid at the lower rate.
(4) After 31st March 2011, such a member makes contributions in accordance with the 2007 table.
10.—(1) This regulation applies to a person—
(a)to whom regulation 3 applies; and
(b)in respect of whom the appropriate administering authority has consented to pay retirement benefits following a request made by him under regulation 30 of the Benefits Regulations.
(2) Schedule 2 (which makes transitional provision relating to the so-called “85 year rule”) has effect in relation to such a person.
11. The pension funds which are appropriate pension funds for members of the 1997 Scheme who do not become members of the Scheme (as to which see regulation 19 of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997(5)) shall continue to be the appropriate funds for those members.
12. Notwithstanding the revocation of regulation 110 of the 1997 Regulations, paragraph (5) of that regulation shall continue to apply to a person who was a member of the Local Government Pension Scheme constituted under the Local Government Pension Scheme Regulations 1995(6) immediately before 1st April 1998.
13. Notwithstanding the revocation of the 1997 Regulations, they continue to have effect in respect of councillor members and their councillor membership as applied by regulation 137A of those Regulations, with the modifications set out in Schedule 8 to those Regulations.
14.—(1) Regulations 147(2)(a) and 155(2) of the 1997 Regulations, as continued in effect by regulation 3, apply as if they included a reference to rights accruing under the Scheme as well as under the 1997 Scheme.
(2) But Regulations 152 and 156 do not continue to apply.
(3) In relation to any entitlement under the 1997 Scheme, a lump sum which is a trivial commutation lump sum within the meaning of section 166 of the Finance Act 2004 or a trivial commutation lump sum death benefit within the meaning of section 168 of that Act may be paid in accordance with the rules relating to the payment of such benefits under the Finance Act 2004.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
6th February 2008
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: