2007 No. 1166

PENSIONS, ENGLAND AND WALES

The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007

Made       -     -     -      -                               3rd April 2007

Laid before Parliament                                  4th April 2007

Coming into force  -      -                                1st April 2008

These Regulations are made in exercise of the powers conferred by sections 7 and 12 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 (Benefits, Membership and Contributions) Regulations 2007.

(2) These Regulations apply in relation to England and Wales([b]).

(3) These Regulations shall come into force on 1st April 2008.

(4) In these Regulations—

“the 1997 Regulations” means the Local Government Pension Scheme Regulations 1997([c]);

`“the 1997 Scheme” means the occupational pension scheme constituted by the 1997 Regulations;

“appropriate administering authority” means the body maintaining the appropriate fund;

“appropriate fund”, in relation to a member, means the fund into which he pays contributions and from which he receives benefits;

“eligible child” has the meaning given by regulation 26;

“employing authority” means a body employing an employee who is eligible to be a member;

“financial year” means the year ending 31st March;

“nominated cohabiting partner” has the meaning given by regulation 25;

“part-time employee” means an employee whose contract of employment provides—

(a)     that he is such an employee for the Scheme, or

(b)     who is neither a whole-time employee nor a variable-time employee;

“the Scheme” means the Local Government Pension Scheme 2008 constituted by these Regulations;

“variable-time employee” means an employee whose contract of employment provides that he is such an employee for the Scheme and—

(a)     whose pay is calculated by reference to his duties (rather than necessarily by reference to the number of hours he has worked), or

(b)     whose duties only have to be performed on an occasional basis; and

“whole-time employee” means an employee whose contract of employment provides—