The Local Government Pension Scheme (Miscellaneous) Regulations 2012

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

29.  For regulation 13 (joining the scheme)(1) substitute—

“13.— (1) Subject to paragraphs (3) and (4), an employee of a body listed in Part 1 of Schedule 2 who is eligible to be an active member of the Scheme, becomes an active member on the day that person’s employment begins or the day that person’s employer becomes a Scheme employer (if later).

(2) Subject to paragraphs (3) and (4) a person who is eligible to be an active member of the Scheme when designated as being eligible for membership by the employer pursuant to regulation 4(3), 7(2)(2) or 8(1), becomes an active member on the day the designation has effect.

(3) But a person who has given notice to his or her employer—

(a) before that person’s employment commenced 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).

(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 an active member of the Scheme unless that person applies to become a member.

(5) A person who is eligible to be an active member of the Scheme, but who is not an active member, may apply in writing to his or her employer to join the Scheme as an active member.

(6) A person who applies under paragraphs (4) or (5) becomes an active member of the Scheme on the first day of the payment period following the application.”.

(1)

Regulation 13 was amended by S.I. 2009/3150 and 2010/2090.

(2)

Regulation 7 is substituted by regulation 25 of these Regulations.