UK Statutory Instrument 2013 United Kingdom

The Local Government Pension Scheme Regulations 2013

At a glance

What's here

76 compliance obligations

Penalty landscape

1 of 76 obligations carry a criminal penalty. 75 have no criminal penalty — flagged in the list below.

Who this Act binds

Plus 49 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.

Part 1 — Membership, contributions and benefits

s.003

Active membership

  • Enrol eligible employees into the LGPS from day one
s.009

Contributions

  • Notify members of changed contribution rates after pay changes
s.010

Temporary reduction in contributions

  • Give written notice if a pension scheme member elects reduced contributions
s.011

Contributions during absence from work

  • Continue pension contributions during certain types of leave
s.012

Contributions during child-related leave

  • Pay pension contributions during child-related leave
s.013

Contributions during reserve forces service leave

  • Pay contributions on assumed pay during reserve forces leave
s.015

Employer contributions during absences

  • Pay pension contributions and provide information during employee absences
s.018

Rights to return of contributions

Other duties (1) — Crown / regulator
  • Administering authority must refund contributions within 5 years for early leavers Local authority
s.021

Assumed pensionable pay

  • Calculate and apply assumed pensionable pay for members on certain leave
s.022

Pension accounts

Other duties (1) — Crown / regulator
  • Administering authority must open and maintain pension accounts Local authority
s.023

Active member's pension accounts

Other duties (1) — Crown / regulator
  • Administering authority must maintain and adjust active member pension accounts each scheme year Local authority
s.024

Deferred member's pension account and deferred refund account

Other duties (1) — Crown / regulator
  • Set up and maintain deferred pension accounts for former active members Local authority
s.025

Retirement pension accounts : active members

Other duties (1) — Crown / regulator
  • Administering authority must open retirement pension accounts for active members Statutory regulator
s.026

Retirement pension accounts : deferred, deferred pensioner and pension credit members

Other duties (1) — Crown / regulator
  • Close deferred pension account and open retirement account when member starts receiving pension Local authority
s.027

Flexible retirement pension accounts

  • Open a flexible retirement pension account for eligible employees
s.028

Deferred pensioner member accounts

Other duties (1) — Crown / regulator
  • Administering authority must close retirement account and open deferred pensioner account when Tier 3 benefits stop Local authority
s.029

Pension credit accounts

Other duties (1) — Crown / regulator
  • Administering authority must open and maintain pension credit accounts Local authority
s.030

Retirement benefits

  • Take immediate pension payment when dismissed for redundancy (age 55+)
s.035

Early payment of retirement pension on ill-health grounds: active members

  • Take early retirement pension on ill‑health grounds if you qualify
s.036

Role of the IRMP

  • Obtain an IRMP certificate before deciding ill-health retirement
s.037

Special provision in respect of members receiving Tier 3 benefits

Other duties (1) — Crown / regulator
  • Review Tier 3 ill-health benefits after 18 months and decide on entitlement Local authority
s.038

Early payment of retirement pension on ill-health grounds: deferred and deferred pensioner members

  • Obtain an IRMP certificate when a deferred member asks for early ill-health pension
s.040

Death grants: active members

Other duties (1) — Crown / regulator
  • Administering authority must pay death grant on death of active member Local authority
s.041

Survivor benefits: partners of active members

Other duties (1) — Crown / regulator
  • Administering authority must pay survivor pension to spouse/partner of deceased active member Local authority
s.042

Survivor benefits: children of active members

Other duties (1) — Crown / regulator
  • Administering authority must pay children's pension when active member dies Local authority
s.045

Survivor benefits: children of deferred members

Other duties (1) — Crown / regulator
  • Administering authority must open survivor pension accounts for children of deceased deferred members Local authority
s.046

Death grants : pensioner members

Other duties (1) — Crown / regulator
  • Administering authority must pay death grant to pensioner member's beneficiaries Local authority
s.048

Survivor benefits: children of pensioner members

Other duties (1) — Crown / regulator
  • Pension fund must pay children's pension when pensioner dies Local authority
s.049

No double entitlement

  • Choose which pension benefit to receive and notify the administering authority in writing within 3 months
s.051

Guaranteed minimum pensions

Other duties (1) — Crown / regulator
  • Local authorities must pay guaranteed minimum pensions to LGPS members Local authority
s.052

Pension debits

Other duties (1) — Crown / regulator
  • Administering authorities must adjust pension accounts for pension debits following actuarial guidance Local authority
Browse 24 other sections in this Part — procedural / definitional / commencement
s.001

Citation, commencement and extent

s.002

Introductory

s.003

Civil servants etc engaged in probation provision

s.004

Restriction on eligibility for active membership

s.005

Ending active membership

s.006

Deferred and deferred pensioner members

s.007

Pensioner members

s.008

Pension credit and survivor members

s.014

Contributions during absence for illness etc

s.016

Additional pension contributions

s.016

Qualifying additional pension arrangements

s.017

Additional voluntary contributions

s.019

Exclusion of rights to return of contributions

s.020

Meaning of pensionable pay

s.021

Lost pensionable pay

s.031

Award of additional pension

s.032

Commencement of pensions

s.033

Election for lump sum instead of pension

s.034

Commutation and small pensions

s.039

Calculation of ill-health pension amounts

s.043

Death grants: deferred members, pension credit members and deferred pensioner members

s.044

Survivor benefits: partners of deferred members and deferred pensioner members

s.047

Survivor benefits : partners of pensioner members

s.050

Limit on total amount of benefits

Part 2 — Administration

s.054

Admission agreement funds

Other duties (1) — Crown / regulator
  • Administering authorities must notify Secretary of State and arrange actuarial transfers for admission agreement funds Local authority
s.055

Administering authorities: governance compliance statement

Other duties (1) — Crown / regulator
  • Administering authority must prepare and publish a governance compliance statement Local authority
s.056

Accounts and audit

Other duties (1) — Crown / regulator
  • Administering authority must send audited fund summaries to employers Local authority
s.057

Pension fund annual report

Other duties (1) — Crown / regulator
  • Administering authority must prepare and publish an annual pension fund report Local authority
s.058

Funding strategy statement

Other duties (1) — Crown / regulator
  • Pension fund administering authority must prepare and publish a funding strategy statement Local authority
s.059

Pension administration strategy

Other duties (1) — Crown / regulator
  • Administering authority must prepare, publish and review pension administration strategy Local authority
s.060

Statements of policy about exercise of discretionary functions

Other duties (1) — Crown / regulator
  • Prepare, maintain and publish a written policy on discretionary pension functions Local authority
s.061

Statements of policy concerning communications with members and Scheme employers

Other duties (1) — Crown / regulator
  • Publish a policy on how you communicate with members and employers Local authority
s.062

Actuarial valuations of pension funds

Other duties (1) — Crown / regulator
  • Administering authority must obtain actuarial valuations every three years Local authority
s.064

Special circumstances where revised actuarial valuations and certificates must be obtained

  • Pay exit payment when leaving the Local Government Pension Scheme
s.066

Supply of copies of valuations, certificates etc

Other duties (1) — Crown / regulator
  • Administering authority must publish and send pension fund valuations and reports Local authority
s.067

Employer's contributions

  • Pay employer pension contributions to the LGPS fund
s.068

Employer's further payments

  • Pay extra costs into the LGPS fund for certain retirements and additional pensions
s.069

Payment by Scheme employers to administering authorities

  • Pay pension contributions and charges to the administering authority
s.072

First instance decisions

  • Decide employees' pension scheme questions promptly as the Scheme employer
s.073

Notification of first instance decisions

Other duties (1) — Crown / regulator
  • Notify affected persons of first instance decisions in writing Local authority
s.074

Applications for adjudication of disagreements

Other duties (1) — Crown / regulator
  • Appoint an adjudicator to handle pension disagreement applications Local authority
s.075

Decisions of the adjudicator

Other duties (1) — Crown / regulator
  • Adjudicator must give written decision within 2 months with full reasoning Tribunal / Court
s.076

Reference of adjudications to administering authority

Other duties (1) — Crown / regulator
  • Administering authority must set impartial procedure for pension adjudication reconsiderations Local authority
s.077

Decisions of the administering authority on reconsideration

Other duties (1) — Crown / regulator
  • Administering authority must decide pension reconsideration within 2 months Local authority
s.079

Appeals by administering authorities

Other duties (1) — Crown / regulator
  • Secretary of State must decide appeals from administering authorities Crown / Minister / Government department
s.080

Exchange of information

  • Exchange information with the administering authority about pension scheme members
s.086

Joint liability in respect of annual allowance charge

Other duties (1) — Crown / regulator
  • Administering authority must reduce pension rights if annual allowance charge is paid by the fund Local authority
s.088

Pension increase under the Pensions Schemes Act 1993

Other duties (1) — Crown / regulator
  • Pay guaranteed minimum pension increases from the pension fund Local authority
s.089

Annual benefit statements

Other duties (1) — Crown / regulator
  • Administering authority must issue annual benefit statements Local authority
s.090

Information to be supplied by employees

  • Request employment history documents from new pension scheme members
s.091

Forfeiture of pension rights after conviction for employment-related offences

  • Forfeit pension rights after employment-related conviction
s.092

Interim payments directions

Other duties (1) — Crown / regulator
  • Former Scheme employer may order interim pension payments after forfeiture certificate Local authority
s.093

Recovery or retention where former member has misconduct obligation

  • Recover pension benefits from former employees with misconduct obligations
s.094

Adjustment of accounts following forfeiture etc

Other duties (1) — Crown / regulator
  • Administering authority must transfer forfeited or recovered pension benefits to the scheme employer Local authority
s.096

Rights to payment out of pension fund

Other duties (1) — Crown / regulator
  • Administering authority must make transfer payments only if recognised and comply with Club rules Local authority
s.097

Contracting-out requirements affecting transfers out

Other duties (1) — Crown / regulator
  • Deduct and handle contributions equivalent premium or contracted-out rights on transfers Local authority
s.098

Bulk transfer (transfers of undertakings etc)

Other duties (1) — Crown / regulator
  • Administering authority must ensure equivalent pension rights and arrange bulk transfer Local authority
s.099

Calculation of amount of transfer payment

  • Pay for actuarial costs when transferring pension liabilities in bulk
s.100

Inward transfers of pension rights

  • Request pension transfer into LGPS within 12 months of joining
s.101

Effect of acceptance of transfer value

Other duties (1) — Crown / regulator
  • Administering authority must credit pension account with transferred value Local authority
s.102

EU scheme transfers

  • Your ex-local government staff may have pension transfer rights to the EU scheme
Browse 17 other sections in this Part — procedural / definitional / commencement
s.053

Scheme managers

s.063

Aggregate Scheme costs

s.064

Revision of rates and adjustments certificate: Scheme employer contributions

s.064

Revision of actuarial certificates: exit payments

s.065

Aggregate Scheme costs: revised certificates

s.070

Additional costs arising from Scheme employer's level of performance

s.071

Interest on late payments by Scheme employers

s.078

Rights of representation

s.081

Interest on late payment of certain benefits

s.082

Payments due in respect of deceased persons

s.083

Payments for persons incapable of managing their affairs

s.084

Non-assignability

s.085

Deduction and recovery of member's contributions

s.087

Tax

s.095

Protection of guaranteed minimum pension rights

s.103

Changes of administering authority

s.104

Change of administering authority in connection with probation service arrangements

Part 3 — Governance

s.107

Local pension boards: membership

Other duties (1) — Crown / regulator
  • Set up a balanced local pension board with employer and member representatives Local authority
s.108

Local pension boards: conflict of interest

Other duties (1) — Crown / regulator
  • Check that pension board members have no conflicts of interest Local authority
s.112

Scheme advisory board: conflict of interest

Other duties (1) — Crown / regulator
  • Secretary of State must check advisory board members for conflicts Crown / Minister / Government department
s.113

Scheme advisory board: funding

Other duties (1) — Crown / regulator
  • Administering authorities must pay the advisory board's costs as determined Local authority
s.114

Scheme actuary

Other duties (1) — Crown / regulator
  • Secretary of State must appoint a scheme actuary and secure periodic valuations Crown / Minister / Government department
s.115

Employer cost cap

Other duties (1) — Crown / regulator
  • Secretary of State must adjust benefit accrual if pension cost exceeds cap Crown / Minister / Government department
Browse 6 other sections in this Part — procedural / definitional / commencement
s.105

Delegation

s.106

Local pension boards: establishment

s.109

Local pension boards: guidance

s.110

Scheme advisory board: establishment

s.111

Scheme advisory board: membership

s.116

Scheme advisory board: additional functions

Part 4 — Elected Members

Browse 1 other section in this Part — procedural / definitional / commencement
s.117

Elected Members

Schedules

s.sch004

Regulation 17 (additional voluntary contributions) has effect as if—

  • Limit AVC contributions to salary sacrifice reduction
s.sch004

Regulation 22 (pension accounts) has effect as if after paragraph...

Other duties (1) — Crown / regulator
  • Administering authority must treat aggregated pension membership as interfund adjustment Local authority
Browse 34 other Schedules — structural / supplementary
s.sch001

“ the 2014 Regulations ” means the Local Government Pension...

s.sch002

A further education corporation, a sixth form college corporation or...

s.sch002

The London Pensions Fund Authority.

s.sch002

The South Yorkshire Pensions Authority.

s.sch002

The Environment Agency.

s.sch002

A National Park Authority established under Part 3 of the...

s.sch002

An Education Action Forum within the meaning of section 11...

s.sch002

A proprietor of an Academy within the meaning of section...

s.sch002

A body set up by a local housing authority as...

s.sch002

The Valuation Tribunal Service established under section 105 of the...

s.sch002

A conservation board established under section 86 of the Countryside...

s.sch002

A combined authority established by an order under section 103(1)...

s.sch002

The North Wales Corporate Joint Committee (established by the North...

s.sch002

The Mid Wales Corporate Joint Committee (established by the Mid...

s.sch002

The South East Wales Corporate Joint Committee (established by the...

s.sch002

The South West Wales Corporate Joint Committee (established by the...

s.sch002

A combined county authority established by regulations under section 9(1)...

s.sch003

The appropriate administering authority for a former member of the...

s.sch003

The Secretary of State may, on application by a Scheme...

s.sch003

A direction under paragraph 3— (a) may only be given...

s.sch004

Where this Schedule applies, these Regulations have effect with modifications...

s.sch004

Regulation 23 (active member’s pension accounts) has effect as if...

s.sch004

Regulation 27 (flexible retirement pension accounts) has effect as if...

s.sch004

Regulation 30 (retirement benefits) has effect as if—

s.sch004

Regulation 31 (award of additional pension) has effect as if...

s.sch004

Regulation 36 (role of the IRMP) has effect as if...

s.sch004

Regulation 39 (calculation of ill-health pension amounts) has effect as...

s.sch004

Regulation 67 (employer’s contributions) has effect as if for paragraph...

s.sch004

Regulation 2 (introductory) has effect as if after paragraph (1C)...

s.sch004

Regulation 3 (active membership) has effect as if—

s.sch004

Regulation 16 (additional pension contributions) has effect as if paragraphs...

s.sch004

Regulation 18 (rights to return of contributions) has effect as...

s.sch004

Regulation 20 (meaning of pensionable pay) has effect as if...

s.sch004

Regulation 21(2) (assumed pensionable pay) has effect as if—

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