The Local Government Pension Scheme Regulations 2013

Flexible retirement pension accounts E+W

27.—(1) When an active member is entitled to immediate payment of a retirement pension under regulation 30(6) (flexible retirement pensions) in relation to an employment—

(a) a flexible retirement pension account must be opened; and

(b) the balance in the active member's pension account must be reduced by the amount of accrued pension transferred into the member's flexible retirement account.

(2) The flexible retirement pension account must specify—

(a) the amount of accrued pension transferred from the active member's pension account;

(b) the amount of additional pension (if any) purchased under regulation 17(7)(b)(i) (additional voluntary contributions);

(c) the early payment reduction or deferred payment enhancement (if any) and the amount of pension to which that reduction or enhancement is to be applied;

(d) the commutation amount (if any);

(e) the amount of any pension adjustment; and

(f) the amount of pension payable from time to time and the date from which it is to be paid.

(3) The amount of accrued pension specified in paragraph (2)(a) must be reduced to take account of the commutation amount.

(4) The amount of any pension adjustment not already accounted for under paragraph (2)(a) is, for the purposes of paragraph (2)(e), the aggregate of the amounts calculated in accordance with actuarial guidance issued by the Secretary of State to account for an adjustment as a consequence of a matter specified in regulation 23(6) or 25(5)(a) (adjustments to active member's pension accounts).

(5) The balance in the member's flexible retirement pension account at the end of the Scheme year in which the member became entitled to the immediate payment of a retirement pension under regulation 30(6) (flexible retirement) is adjusted [F1 on the revaluation date in] the following Scheme year by the revaluation adjustment applicable to the Scheme year in which the member became entitled to that retirement pension [F2 and takes effect from the start of the Scheme year following the Scheme year in which the member became entitled to that pension], in accordance with actuarial guidance issued by the Secretary of State.

(6) The F3 ... balance calculated under paragraph [F4 (2)] is the opening balance for the following Scheme year and, [F5 having applied the revaluation adjustment to the balance in accordance with paragraph (5),] thereafter, the balance in the account is adjusted each year by the index rate adjustment from the date that an increase would apply if that balance were a pension in payment to which the Pensions (Increase) Act 1971 M1 applied.

[F6 (7)  Where an index rate adjustment is due to be made on a revaluation date, any such adjustment must be made immediately after the revaluation adjustment is made.]

Textual Amendments

F1 Words in reg. 27(5) substituted (31.3.2023) by The Local Government Pension Scheme (Amendment) Regulations 2023 (S.I. 2023/279), regs. 1(1), 3(4)(a)(i)

F2 Words in reg. 27(5) inserted (31.3.2023) by The Local Government Pension Scheme (Amendment) Regulations 2023 (S.I. 2023/279), regs. 1(1), 3(4)(a)(ii)

F3 Word in reg. 27(6) omitted (31.3.2023) by virtue of The Local Government Pension Scheme (Amendment) Regulations 2023 (S.I. 2023/279), regs. 1(1), 3(4)(b)(i)

F4 Word in reg. 27(6) substituted (31.3.2023) by The Local Government Pension Scheme (Amendment) Regulations 2023 (S.I. 2023/279), regs. 1(1), 3(4)(b)(ii)

F5 Words in reg. 27(6) inserted (31.3.2023) by The Local Government Pension Scheme (Amendment) Regulations 2023 (S.I. 2023/279), regs. 1(1), 3(4)(b)(iii)

F6 Reg. 27(7) inserted (31.3.2023) by The Local Government Pension Scheme (Amendment) Regulations 2023 (S.I. 2023/279), regs. 1(1), 3(4)(b)(iv)

Marginal Citations

M1 1971 c. 56.