2007 No. xxx

pensions, england and wales

The Local Government Pension Scheme (Administration) Regulations 2007

Made       -     -     -      -                                               ***

Laid before Parliament                                                 ***

Coming into force  -      -                                               ***

 

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 7 and 12 of the Superannuation Act 1972 ([a]) and section 172(1), (2) and (4) of the Pensions Act 1995 ([b]).

In accordance with section 7(5) of that Act the Secretary of State consulted such associations of local authorities as appeared to her to be concerned; the local authorities with whom consultation appeared to her to be desirable; and such representatives of other persons likely to be affected by the Regulations as appeared to her to be appropriate.

PART 1

PRELIMINARY

Citation, commencement and extent    [old 1]

1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Administration) Regulations 2007 and shall come into force on [         ].

(2) These Regulations extend to England and Wales.

Interpretation              [old 2]

2.—(1) Schedule 1 (interpretation) contains definitions of expressions used in these Regulations which apply for their interpretation unless the context indicates they have a different meaning.

(2) Unless that is so, references to members or membership generally refer to active members or active membership respectively.

(3) The definition of “AVC insurance company” in Schedule 1 must be read with—

(a)     section 22 of that Act;

(b)     any relevant order under that section; and

(c)     Schedule 2 to that Act

Application to Isles of Scilly     [old 3]

3.These Regulations apply to the Isles of Scilly as if they were a district in the county of Cornwall and the council of the Isles of Scilly were the council of that district.

 

PART 2

MEMBERSHIP OF SCHEME

General eligibility for membership: employees of Scheme employers   [old 4]

4.—(1) A person may only be an active member if this regulation, regulation 5 or 6 or regulations [corresponding to old Chapter 1 of Part 5] enables him to be one and he is not prevented by regulation 8.

(2) A person may be a member if he is employed by a body which is listed in Schedule 2.

(3) But a person who is employed by a body listed in Part 2 of that Schedule may only be a member if he, or a class of employees to which he belongs, is designated by the body as eligible for membership.

Employees of non-Scheme employers: community admission bodies     [old 5]

5.—(1) Subject to the requirements of this regulation and regulation 7, an administering authority may make an admission agreement with any community admission body.

(2) The following are community admission bodies—

(a)     a body, other than the governors or managers of a voluntary school, which provides a public service in the United Kingdom otherwise than for the purposes of gain and which either—

                            (i)    has sufficient links with a Scheme employer for the body and the Scheme employer to be regarded as having a community of interest (whether because the operations of the body are dependent on the operations of the Scheme employer or otherwise), or

                          (ii)    is approved by the Secretary of State for the purposes of admission to the Scheme;

(b)     a body, other than the governors or managers of a voluntary school, to the funds of which a Scheme employer contributes;

(c)     a body representative of—

                            (i)    local authorities;

                          (ii)    local authorities and officers of local authorities;

                         (iii)    officers of local authorities where it is formed for the purpose of consultation on the common interests of local authorities and the discussion of matters relating to local government; or

                        (iv)    Scheme employers;

(d)     the Housing Corporation;

(e)     the Commission for the New Towns;

(f)      a company for the time being subject to the influence of a local authority (within the meaning of section 69 of the Local Government and Housing Act 1989 (companies subject to local authority influence)([c]); and

(g)     a company for the time being subject to the influence of a body listed in Schedule 2 (other than a local authority).

(3) An approval under paragraph (2)(a)(ii) may be subject to such conditions as the Secretary of State thinks fit and he may withdraw an approval at any time if such conditions are not met.

(4) Where, at the date that an admission agreement is made with a body mentioned in paragraph (2)(b), the contributions paid to the body by one or more Scheme employers equal in total 50% or less of the total amount it receives from all sources, it must be a term of the admission agreement that the Scheme employer paying contributions (or, if more than one pays contributions, all of them) guarantees the liability of the body to pay all amounts due from it under these Regulations or the Benefit Regulations.

(5) In paragraph (2)(c) and (f) “local authority” includes the Greater London Authority.

(6) For the purpose of determining whether a company is subject to the influence of a body as mentioned in paragraph (2)(g), section 69 of the Local Government and Housing Act 1989 has effect as if references in that section to a local authority were references to the body.

Employees of non-Scheme employers: transferee admission bodies      [old 5A]

6.—(1) Subject to the requirements of this regulation and regulation 7, an administering authority may make an admission agreement with any transferee admission body.