UK Statutory Instrument
1997
United Kingdom
The Local Government Pension Scheme Regulations 1997
At a glance
What's here
7 compliance obligations
Who this Act binds
Plus 4 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 17 other Schedules — structural / supplementary
Where by virtue of the Taxes Act or any later...
(1) This paragraph sets out limits on benefits in respect...
Paragraphs 4 to 6 set out limits on benefits in...
(1) The aggregate pension payable on retirement at or before...
(1) The aggregate benefit payable by way of lump sum...
(1) The total membership taken into account under paragraphs 4(1),...
(1) If adding the additional contributions payable by a Class...
(1) The maximum addition under regulation 53 or 55 is—...
(1) This paragraph applies to any member who is a...
For any member who is an existing contributor (as defined...
(1) For any member who is an existing contributor or...
(1) In regulation 20(2) for “80” substitute “60”.
(1) In regulation 20 for paragraph (2) substitute—
(1) In regulations 25(1), 26(1) and 31(3) omit the words...
(1) For any active member who— (a) immediately before 1st...
(1) This paragraph applies to a person—
Leaving the Scheme
- Notify employer in writing if leaving the pension scheme
Meaning of “pay”
Other duties (1) — Crown / regulator
- Notify employees of pay determination agreements in writing Local authority
Actuarial valuations and certificates
Other duties (1) — Crown / regulator
- Obtain actuarial valuations and certificates for pension funds every three years Local authority
Discontinuance of additional contributions
- Notify your employer and pension authority if you stop paying additional contributions
First instance decisions
Other duties (1) — Crown / regulator
- Local authorities must decide LGPS pension questions promptly Local authority
Statements of policy concerning exercise of discretionary functions
Other duties (1) — Crown / regulator
- Local authorities and scheme employers must publish policy on pension discretionary functions Local authority
Exchange of information by authorities
- Report all pension decisions and other required information to the administering authority
Browse 141 other sections — procedural / definitional / commencement
Citation and commencement
(1) The appropriate fund for a member is the fund...
Interpretation
(1) A Welsh member is a member whose appropriate fund...
Application to Isles of Scilly
A Part II member is a member falling within column...
General eligibility for membership: employees of Scheme employers etc.
Agreements to enable employees of non-Scheme employers to be members(“admission agreements”)
Further restrictions on eligibility
Joining the Scheme
Periods of membership: “total membership”
Excluded membership
Length of period of membership: calculation of benefit
Members’ contributions
Members with lower rate rights
Employer’s discretion to reduce member's contribution rate
Inland Revenue limits on contributions
Obligatory contributions during absences
Optional contributions during absences
General qualification for benefits
Calculations
Final pay
Other final pay periods
Permanent reductions in pay: certificates of protection of pension benefits
Revenue limits
Normal retirement
Redundancy etc.
Ill-health
Amounts of ill-health pension and grant
Re-employed pensioners
Further provisions about elections under regulation 29
Other early leavers: deferred retirement benefits and elections for early payment
Re-employed and rejoining deferred members
Surrenders of pension
No double entitlement
Requirements as to time of payment
Guaranteed minimum pensions etc.
Revaluation of guaranteed minimum
Death grants
Reduction of death grants: re-employed pensioners
Surviving spouse’s short-term pension
Surviving spouse’s long-term pension
Reduction of some surviving spouses’ pensions
Surviving spouse’s guaranteed minimum pension
Meaning of “eligible child”
Children’s short-term pensions
Children’s long-term pensions
Discretions as to payment of children’s pensions
Dependants of re-employed pensioners
Commutation: small pensions
Commutation: exceptional ill-health
Scope of Part III: limits on benefits
Power of employing authority to increase total membership of members leaving employment at or after 50
Power of employing authority to increase total membership of new members
Effect of increases under this Chapter for older members
Payments to increase total membership
Part-time employees
Effect of increases under this Chapter for older members
Election for pension in lieu of retirement grant
Election for lump sum in lieu of pension
Elections to pay AVCs
Payment of AVCs
Functions of employing and administering authorities
Death benefits
Retirement benefits
Changes of employment in which membership is continued
Elections as to use of accumulated value of AVCs
Establishment of shared cost AVC schemes (SCAVCs)
Applications to pay SCAVCs
Functions of employing and administering authorities
Application and investment of SCAVCs
Changes of employment in which membership is continued
Termination
The pension funds
Appropriate funds
Admission agreement funds
Accounts and audit
Special circumstances where revised actuarial valuations and certificates must be obtained
Employer’s contributions
Employer’s further payments
Payments by employing authorities to appropriate administering authorities
Interest
Separate treatment of AVCs and SCAVCs from other contributions
Over-provision: calculation and return of surplus AVC and SCAVC funds
Cost of calculations for transfer of AVCs or SCAVCs into the Scheme where no transfer is requested
Rights to return of contributions
Exclusion of rights to return of contributions
Deduction and recovery of member's contributions
Pension increases and cash equivalents under the Pension Schemes Act 1993
Pension increases under the Pensions (Increase) Acts
Contributions equivalent premiums
Commencement of pensions
Interest on late payment of certain benefits
Payments due in respect of deceased persons
Non-assignability
Notification of decisions under regulation 97
Appointment of persons to resolve disputes
Right to apply for an appointed person to decide a disagreement
Notice of decisions by appointed persons under regulation 100
Reference of disagreement to the Secretary of State
Notice of decisions by the Secretary of State under regulation 102
Rights of representation
Appeals by administering authorities
Information to be supplied by employees
Statements of policy concerning abatement of retirement pensions in new employment
Application of abatement policy in individual cases
Forfeiture of pension rights after conviction of employment-related offences
Interim payments directions
Recovery or retention where former member has misconduct obligation
Protection of GMP rights
Transfer of sums from the pension fund to compensate for former member's misconduct
Application of Chapter IV of Part IV of the Pension Schemes Act 1993
Rights to payment out of fund authority’s pension fund
Contracting-out requirements affecting transfers out
Bulk transfers (transfers of undertakings) etc.
Calculation of amount of transfer payment under regulation 119
Inward transfers of pension rights
Right to count credited period
Rights as to service not matched by credited period
Community scheme transferees
Changes of fund
Liability for combined benefits
Eligibility for active membership: employees etc. of non-Scheme employers
Supplementary provisions about employees within regulation 127
Miscellaneous transport employees
Miscellaneous airport employees
Further cases of eligibility: non-employees
Separate employments etc.
Members employed by magistrates’ courts committees
Certain employees of the committee of magistrates for the inner London area
Coroners
Employees of probation committees
Certain City of London employees and former contributors
Transfers under the Local Government Act 1992 etc.
Local government reorganisation
Former employees of Manchester Corporation
Transferees under s.18(4)(a) of the National Health Service Reorganisation Act 1973
Deduction for teachers’ pension payments
Conversion of periods credited under Discretionary Payments Regulations etc. into membership
The Environment Agency Closed Fund
Rights under section 12 of the Superannuation Act 1972
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