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The Local Government Pension Scheme Regulations 2013
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- UK Statutory Instruments
- 2013 No. 2356
- PART 3
- Regulation 116
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The Local Government Pension Scheme Regulations 2013, Section 116 is up to date with all changes known to be in force on or before 16 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 30(13) inserted by 2016 c. 12 Sch. 6 para. 5(1)(a)
- reg. 68A inserted by 2016 c. 12 Sch. 6 para. 5(1)(b)
[F1Scheme advisory board: additional functionsE+W
This section has no associated Explanatory Memorandum
116.—(1) The Local Government Pension Scheme Advisory Board (“the Board”) must obtain a Scheme cost assessment from the Scheme actuary detailing the overall cost of the Scheme and the proportions of that cost being met by Scheme employers and members [F2following an actuarial valuation of the Scheme in accordance with Treasury directions made under section 11 of the Public Service Pensions Act 2013].
(2) Subject to [F3paragraph (5)], where the overall cost of the Scheme is above or below the target overall cost, the Board may make recommendations to the Secretary of State as to the steps to take to bring the overall cost of the Scheme back to [F4or towards] the target overall cost.
(3) Where the proportion of the overall cost of the Scheme which is met by contributions by employers is above or below the target proportion, the Board may make recommendations to the Secretary of State as to the steps to take to bring the proportion of the overall cost of the Scheme which is met by contributions by employers and members back to [F5or towards] the target proportion.
(4) The Board must, before obtaining a Scheme cost assessment under paragraph (1), prepare and publish a statement setting out its policy concerning recommendations to the Secretary of State about the steps to be taken to bring the overall cost of the Scheme back to [F6or towards] the target overall cost and the proportions of that cost met by Scheme employers and members, back to [F6or towards] the target proportion.
(5) The Board must not make recommendations under paragraph (2) if steps are required to be taken under regulation 115 (employer cost cap).
F7(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this regulation—
“the overall cost of the Scheme” means the total cost as calculated by the Scheme actuary as part of a Scheme cost assessment making use of the data provided under regulation 114(4) (Scheme actuary) according to such methodology and assumptions as are determined by the Board;
“the target overall cost” is 19.5% of the pensionable earnings of members of the Scheme;
“the target proportion” means Scheme employers meeting two-thirds and members meeting one-third of the overall cost of the Scheme.
(8) Each administering authority must provide the Scheme actuary with any data that the Scheme actuary requires in order to carry out any valuations and produce reports in accordance with directions from the Board for the purposes of this regulation.
(9) Unless the Board is prevented by paragraph (5) from making recommendations under this regulation, it must, within 23 months of the date on which a Scheme cost assessment is obtained under paragraph (1), publish a report setting out—
(a)the overall cost of the Scheme;
(b)the proportions of the overall costs of the Scheme met by employers and members;
(c)the assumptions and methodology used by the Scheme actuary; and
(d)any recommendations made to the Secretary of State under this regulation.
(10) The Board must send a copy of a report published under paragraph (9) to the Secretary of State and the Scheme actuary.
(11) The Secretary of State must publish a response to a report received under paragraph (10) within six months of the date on which that report is received.]
Textual Amendments
F1Pt. 3 inserted (20.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by The Local Government Pension Scheme (Amendment) (Governance) Regulations 2015 (S.I. 2015/57), reg. 1(3)(a)(b), 9
F2Words in reg. 116(1) substituted (1.6.2023) by The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2023 (S.I. 2023/522), regs. 1(1), 2(3)(a)
F3Words in reg. 116(2) substituted (1.6.2023) by The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2023 (S.I. 2023/522), regs. 1(1), 2(3)(b)(i)
F4Words in reg. 116(2) inserted (1.6.2023) by The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2023 (S.I. 2023/522), regs. 1(1), 2(3)(b)(ii)
F5Words in reg. 116(3) inserted (1.6.2023) by The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2023 (S.I. 2023/522), regs. 1(1), 2(3)(c)
F6Words in reg. 116(4) inserted (1.6.2023) by The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2023 (S.I. 2023/522), regs. 1(1), 2(3)(d)
F7Reg. 116(6) omitted (1.6.2023) by virtue of The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2023 (S.I. 2023/522), regs. 1(1), 2(3)(e)
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