STATUTORY INSTRUMENTS
2007 No. 1234
pensions
The Local Government Pension Scheme (Amendment) (No.4) Regulations 2007
Made - - - - 2007
Laid before Parliament 2007
Coming into force - - 2007
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 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.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Local Government Pension
Scheme (Amendment) (No. 4) Regulations 2007 and shall come into force on XXXX but regulation 3 shall have effect from
(2) These
Regulations extend to
Amendment of the Local Government Pension Scheme Regulations 1997
2. In regulation 52 of the Local Government Pension Scheme Regulations 1997([c])—
(a) in paragraph (1) for “an active” substitute “a”; and
(b) after paragraph (2), insert the following new paragraphs —
(2A) If the reason for the member leaving his employment is a reason other than redundancy, a resolution under paragraph (1) may only be passed before the relevant date.
(2B) If the reason for the member leaving his employment is redundancy, a resolution under paragraph (1) may be passed at any date up to the date six months after the relevant date.
(2C) The relevant date is the date on which the member leaves his employment.
(2D) “Redundancy”
includes leaving employment in the interests of efficiency, or because the
member held a joint appointment which has been ended because the other holder
has left it.
Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007
3.In regulation 12 of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007—
(a) in paragraph (1), for “an active” substitute “a”; and
(b) after paragraph (2), add the following new paragraphs—
(3) If the reason for the member leaving his employment is for a reason other than redundancy, a resolution under paragraph (1) may only be passed before the relevant date.
(4) If
the reason for the member leaving his employment is redundancy, a resolution
under paragraph (1) may be passed at any date up to the date six months after
the relevant date.
(5) The relevant date is the date on which the member leaves his employment.
(6) “Redundancy”
includes leaving employment in the interests of efficiency, or because the
member held a joint appointment which has been ended because the other holder
has left it..
Signed by authority of the Secretary of State for Communities and Local Government
Minister of State
Department for Communities and Local Government
EXPLANATORY NOTE
(This note is not part of the Order)
([b]) The Secretary of State’s functions under section 7 of the Superannuation Act 1972 in so far as they were exercisable in relation to Scotland were devolved to Scottish Ministers by section 63 of the Scotland Act 1998 (1998 c. 46) and article 2 of, and Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to Scottish Ministers etc) Order 1999 (S.I. 1999/1750).