The Local Government Pension Scheme (Miscellaneous) Regulations 2009

Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007

16.  For regulation 38 (pension increases under the Pensions (Increase) Acts), substitute—

“38.— (1)  Where a pension to which the Pensions (Increase) Act 1971(1) (“the 1971 Act”) applies is payable out of an appropriate fund, any increase under that Act or the Pensions (Increase) Act 1974(2) (“the 1974 Act”), must be paid from that fund.

(2) Where the last employing authority is a Water Act Company, the Environment Agency—

(a) must reimburse the appropriate administering authority the cost of any increase payable under the 1971 Act or the 1974 Act arising on or after 1st April 1990, from the Closed Water Authorities Fund; and

(b) may discharge all future liabilities by way of a lump sum payment from the Closed Water Authorities Fund.

(3) The Closed Water Authorities Fund is the Closed Fund vested in the Environment Agency by regulation 2(1) of the Local Government Pension Scheme (Environment Agency) Regulations 1996(3).

(4) The amounts due under paragraph (2)(a) not paid by way of a lump sum under paragraph 2(b), must be paid on or before such dates falling at intervals of not more than 12 months as the appropriate administering authority may determine.

(5) Where a lump sum is to be paid under paragraph (2)(b), such sum must be calculated by reference to—

(a) an actuary appointed by the Environment Agency working in agreement with an actuary appointed by the appropriate administering authority; but

(b) where the respective actuaries cannot agree the calculation of the lump sum, the amounts due shall be paid in accordance with paragraph (4).

(6) The appropriate administering authority shall credit to the appropriate fund any amounts paid to them under paragraph (2) and any interest paid on those amounts.

(7) “The last employing authority” has the same meaning as in paragraph 1(2) of Schedule 3 to the 1971 Act.

(8) A “Water Act Company” is—

(a) a company nominated in accordance with section 4 of the Water Act 1989(4) as the successor company of a water authority, or

(b) a company nominated by order under section 83(1) of that Act.”.

(1)

1971 c. 56.

(2)

1974 c. 9.

(3)

S.I. 1996/711, amended by S.I. 1997/1613.

(4)

1989 c.15.