PENSIONS,
The
Local Government Pension Scheme (Amendment) (No. 2) Regulations 2006
Made - - - - 2006
Laid before Parliament 2006
These Regulations
are made in exercise of the powers conferred by section 7 of the Superannuation
Act 1972([a]).
In accordance with
section 7(5) of that Act, the Secretary of State has consulted (a) such associations
of local authorities as appeared to her to be concerned; (b) the local authorities
with whom consultation appeared to her to be desirable; and (c) such representatives
of other persons likely to be affected by the Regulations as appeared to her to
be appropriate.
The Secretary of State makes the following Regulations:
Citation, commencement, interpretation and application
1.—(1)(1) These Regulations may be cited as the Local Government Pension
Scheme (Amendment) (No. 2) Regulations 2006.
(2) These
Regulations apply in relation to
(3) These
Regulations shall come into force on
(4) In these
Regulations, “the principal Regulations” means the Local Government Pension Scheme
Regulations 1997([c]).
Amendment of Regulations
2. The principal Regulations shall be amended in accordance with regulations 3 to 9 of these Regulations.
High earners
3. In regulation 11A(1), for the words “where a member’s pay” substitute “to a member who was subject to regulation 16(1) immediately before 6th April 2006 and whose pay”.
Limit on total amount of benefits
4. In
regulation 19A(1) at the end insert “except in accordance with guidance issued
by the Government Actuary”.
Calculations
5.—(1)(1) In regulation 20, for paragraph (3B) substitute—
“(3B) But the total amount of the member’s retirement grant, including any sum received—
(a) in accordance with an election under paragraph (3A);
(b) as benefits provided in the form of a lump sum in accordance with regulation 64; or
(c) as additional lump sum benefits in accordance with regulation 66
shall not exceed 25% of the capital value of his accrued rights.”.
(2) After regulation 20(3D), insert—
(3E) Paragraph
(3A) applies to a person to whom regulation 4 of the Local Government Pension
Scheme (Transitional Provisions) Regulations 1997([d])
(Deferred members and pensioners: general) applies.
Retirement benefits
6. Omit regulation
64(6).
Requirements as to time of payment
7. In regulation 35(1A), after the words “such benefits may”, insert “,with his employer’s consent,”.
Children’s long-term pensions
8. In regulation 46(7), at the end insert “or of his pension before any commutation under regulation 20(3A), whichever is the greater”.
Transitional provisions and savings
9. The Schedule to the Local Government Pension Scheme (Amendment) Regulations 2006([e]) (Transitional provisions and savings) shall be amended as follows—
(a) for “2013” in paragraph 2, in both places where it occurs, substitute “2016”;
(b)
for “
(c)
in paragraph 5(1), after “member” insert “who was an active member
before
(d)
after paragraph 5 insert—
6.—(1) This paragraph applies to a member who retires, having reached the age of 60, on or after 1st April 2016 and before 1st April 2020, and who would (but for the provisions of paragraphs 1 and 2) have satisfied the 85 year rule before the latter date.
(2) That
part of his retirement pension and grant which is calculated by reference to
any period of membership after
Signed by authority of the Secretary of State
Minister of State
Department for Communities and Local Government
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations
make a number of amendments to the Local Government Pension Scheme (“the Scheme”)
constituted by the Local Government Pension Scheme Regulations, as amended
(“the principal Regulations”)…