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Statutory Instrument 1995 No. 1019

The Local Government Pension Scheme Regulations 1995

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1995 No. 1019

PENSIONS

The Local Government Pension Scheme Regulations 1995

Made6th April 1995
Laid before Parliament11th April 1995
Coming into force2nd May 1995


ARRANGEMENT OF REGULATIONS

PART A
PRELIMINARY
A1. Citation and commencement.
A2. Interpretation.
PART B
MEMBERSHIP
Eligibility
B1. General eligibility of employees of LGPS employers.
B2. Age restrictions: meaning of "latest retirement age" and "LRD".
B3. Restrictions by reference to working hours: "part-time" and "variable-time" employees.
B4. Certain office-holders etc. to be treated as employees of LGPS employers.
B5. Separate employments etc.
B6. Eligibility of employees of certain non-LGPS employers.
B7. Power to extend eligibility to employees of other bodies ("admission agreements").
B8. Ineligibility of employees eligible to join other statutory schemes.
B9. Other cases of ineligibility.
Joining and leaving the Scheme
B10. Applications for membership.
B11. Admission to the Scheme.
B12. Leaving the Scheme.
B13. Rejoining the Scheme.
Membership period
B14. Periods of membership: "total period of membership".
B15. Length of period of membership: calculation of benefit.
B16. Special power of employing authority to increase period of membership.
B17. Special power of City of London bodies to increase period of membership.
PART C
MEMBERS' CONTRIBUTIONS
Preliminary definitions
C1. Meaning of "appropriate pension fund".
C2. Meaning of "remuneration".
C3. Meaning of "normal retirement age" and "NRD".
Standard contributions
C4. Member's standard contributions.
Effect of absences on contributions
C5. Leave of absence from duty.
C6. Maternity absence.
C7. Absence owing to trade dispute.
C8. Absence on reserve forces service.
Additional payments to improve benefits
C9. Payments to increase membership: calculation of all benefits.
C10. Maximum length of additional periods to be purchased under regulation C9.
C11. Amounts of payments under regulation C9.
C12. Purchase by part-time employees of additional periods under regulation C9.
C13. Payments to avoid reduction of retirement grant and death grant.
C14. Payments to increase widower's pension by counting membership before 6th April 1988.
C15. Amounts of payments under regulations C13 and C14.
C16. Further provisions as to making of payments under regulations C13 and C14.
C17. No elections to make payments after 64.
Incomplete payments and return of contributions
C18. Notice to discontinue payments.
C19. Uncompleted periodical payments.
C20. Effect of opting out of membership on certain additional payments.
C21. Return of member's contributions in certain cases.
C22. Meaning of "aggregate amount of contributions" for purposes of regulation C21.
C23. Effect of return to local government on right to a return of contributions.
AVCs
C24. Additional voluntary contributions.
Deduction and recovery of contributions
C25. Deduction and recovery of member's contributions.
C26. Statements as to remuneration not received from employing authority.
Limitations on payments
C27. Limitation of payments.
Provisions concerning continuing payments under old legislation
C28. Provisions concerning outstanding payments due under previous regulations.
PART D
RETIREMENT BENEFITS
Preliminary definitions
D1. "Pensionable remuneration".
D2. "Standard retirement pension" and "standard retirement grant".
D3. "Statutory pension entitlement".
D4. References to members leaving employment to include optants-out.
Entitlement to immediate payment of benefits on retirement
D5. Retirement on or after NRD.
D6. Early entitlement to retirement benefits: redundancy etc.
D7. Early entitlement to retirement benefits: ill-health.
D8. Ill-health retirement grants.
D9. Retirement at or after 60 but before NRD.
D10. No double entitlement.
Entitlement to deferred benefits: ("preserved benefits")
D11. Entitlement to deferred retirement benefits ("preserved benefits").
D12. Further provisions about preserved benefits.
Adjustments to standard benefits
D13. Reduction of pensions payable early by virtue of elections etc.
D14. Surrender of part of retirement pension in favour of spouse or dependant.
D15. Adjustments to retirement pensions and grants for certain re-employed pensioners.
D16. Reduction of retirement pensions of certain former teachers.
Overriding provisions (contracting-out and Finance Act requirements etc.)
D17. Guaranteed minimum pensions for members in contracted-out employment etc.
D18. Revaluation of guaranteed minimum in certain cases.
D19. Equivalent pension benefits.
D20. National insurance.
D21. Limitations on benefits etc.
PART E
DEATH GRANTS
Death of a member
E1. Death grant: members in service.
Death of a deferred pensioner
E2. Death grant: deferred pensioners.
Death of a pensioner
E3. Death grant: pensioners with 10 years' or more membership.
E4. Death grant: pensioners with less than 10 years' membership.
General provisions relating to death benefits
E5. Surviving spouse deductions from certain death grants.
E6. Adjustments to death grants for certain re-employed pensioners.
E7. Part-timers' pensionable remuneration for certain purposes of this
PART F
SURVIVING SPOUSES' PENSIONS
Death of a member
F1. Member's spouse's short-term pension.
F2. Member's spouse's long-term pension.
Death of a deferred pensioner
F3. Deferred pensioner's spouse's long-term pension.
Death of a pensioner
F4. Pensioner's spouse's short-term pension.
F5. Pensioner's spouse's long-term pension.
General provisions relating to surviving spouses' pensions
F6. Post retirement marriages.
F7. Remarriage and cohabitation.
F8. Widowers: requirement for post 5th April 1988 service and consequent adjustments to "retirement pension".
F9. Widowers: elections for added years etc.
F10. Adjustments to pensions of surviving spouses of certain re-employed pensioners.
Contracting-out requirements: GMP rule
F11. Surviving spouse's guaranteed minimum pension. [DOE 0105]
PART G
CHILDREN'S PENSIONS
Preliminary
G1. Meaning of "child".
G2. Meaning of "eligible child".
Death of a member
G3. Member's children's long-term pension.
G4. Member's children's short-term pension.
Death of a deferred pensioner
G5. Deferred pensioner's children's long-term pension.
Death of a pensioner
G6. Pensioner's children's long-term pension.
G7. Pensioner's children's short-term pension.
General provisions relating to children's pensions
G8. Limitations on entitlement to children's short-term pensions.
G9. Long-term pensions: increase of membership in certain cases.
G10. Children over 17 in paid training.
G11. Discretions as to payment of children's pensions.
G12. Adjustments to children's pensions for certain re-employed pensioners etc.
PART H
GENERAL PROVISIONS CONCERNING BENEFITS
H1. Interest on late payment of certain benefits.
H2. National insurance.
H3. Benefits not assignable.
H4. Forfeiture of pension rights after conviction of employment-related offences.
H5. Commutation: small pensions.
H6. Commutation: exceptional circumstances of ill-health.
H7. Payments due in respect of deceased persons.
H8. Benefits in respect of certain persons employed before April 1974.
PART J
DETERMINATIONS AND APPEALS
J1. Initial decisions.
J2. Decisions as to status of employees.
J3. Decisions as to benefits.
J4. Notification of decisions.
J5. Appeals.
PART K
INTERCHANGE ETC.
Preliminary
K1. Interpretation.
Transfers out
K2. Outwards transfers.
K3. Time for payment of transfer value under regulation K2.
K4. Cases where right to transfer value excluded.
K5. Amount of transfer value under regulation K2.
K6. Special provision as respects pre-6th April 1988 service.
K7. Reductions of the transfer value: unsecured GMPs, pre-1988 service and forfeiture.
K8. Minimum transfer values.
K9. Modifications where transfer is to club scheme.
K10. General provisions about payment of transfer values.
K11. Termination of right to payment out of fund authority's pension fund.
K12. Revival of rights for certain Community scheme transferees.
Transfers in
K13. Inward transfers of accrued rights from non-local government schemes etc.
K14. Right to count service.
K15. Calculation of period of membership allowed under regulation K14(1)(a): non-club schemes.
K16. Special provision where transfer is from a club scheme.
K17. Increase in return of contributions.
K18. National insurance modification for flat-rate retirement pension.
K19. National insurance modification for graduated retirement pension.
Interfund adjustments on changes of local government employment
K20. Change of local government employment and fund authority: "interfund adjustments".
K21. Calculation of interfund adjustment payable under regulation K20.
K22. Forfeitures.
Transfers of certain members who are eligible to join approved non-local government schemes
K23. Certain members who become subject to other pension schemes in the same employment.
K24. Requests for transfer payments: regulation K23 employees and employees of ineligible employers.
K25. Application of regulation K24 in case of certain transfers involving admission agreements.
Payments for combined benefits
K26. Liability for combined benefits.
Transfers to and from Scottish local government employment
K27. Transfers to and from Scotland.
Overseas employment
K28. Overseas employment.
PART L
PENSION FUNDS AND PAYMENTS BY AUTHORITIES
The pension funds
L1. Continuation of existing pension funds.
L2. Transfer of existing pension funds.
L3. Further funds for members covered by admission agreements.
Management and investment of funds
L4. Management of pension fund.
L5. Use and investment of pension fund's money.
L6. Restrictions on investments.
L7. Use of fund money administering authority.
L8. Fund managers.
L9. Accounts and audit.
Valuations and rates of contributions and adjustments
L10. Valuations of pension fund.
L11. Actuary's certificates.
Employer's liability to make payments
L12. Employer's contributions.
L13. Employer's further payments.
L14. Payments by employing authorities to administering authorities.
L15. Extra charges resulting from early retirement of chief officers.
Transfers, recovery and retention from funds in misconduct cases
L16. Transfer of sums from pension fund to compensate for former member's misconduct.
L17. Recovery or retention where former member has misconduct obligation.
Certain statutory payments to be met out of appropriate funds
L18. Pension increases and cash equivalents under the Pension Schemes Act 1993.
L19. Pension increases under the Pension (Increase) Acts.
L20. State scheme premiums.
Modifications of Part L as respects National Rivers Authority funds
L21. Modifications of Part L as respects National Rivers Authority funds.
PART M
MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS
Modifications in special cases
M1. Local government reorganisation.
M2. Modifications of regulations in special cases.
M3. Modifications applying to certain City of London employees.
Information and records
M4. Information to be supplied by certain employees.
M5. Records to be kept by authorities.
M6. Transmission of documents and information.
Supplementary provisions
M7. Right to opt out.
M8. Transitional and transitory provisions.
M9. Revocations.
M10. Consequential amendments.
M11. Application to Isles of Scilly.

SCHEDULES

 Schedule A1. General definitions.

 Schedule B1. LGPS employers.

 Schedule B2. Office-holders etc. with LGPS employers.

 Schedule B3. Eligibility for membership: employees etc. of non-LGPS employers.

 Schedule B4. Bodies with whom admission agreements may be made.

 Schedule B5. Miscellaneous exceptions to eligibility under regulation B1.

 Schedule B6. Relevance of membership for purposes of scheme.

 Schedule C1. Appropriate pension fund.

 Schedule C2. Further provision concerning meaning of "remuneration".

 Schedule C3. Appropriate percentages: calculation of additional payments.

 Schedule C4. Additional voluntary contributions.

 Schedule C5. Limitations on contributions and benefits.

 Schedule C6. Provisions concerning outstanding payments due under previous regulations.

 Schedule D1. Further provisions about pensionable remuneration.

 Schedule D2. Retirement grants.

 Schedule D3. Additional membership in cases of ill-health.

 Schedule D4. Procedure for surrender of part of retirement pension.

 Schedule D5. Re-employed pensioners.

 Schedule D6. Reduction of retirement pensions of certain former teachers.

 Schedule F1. Elections as respects widowers' pensions etc.

 Schedule H1. Modifications as respects certain pre-April 1974 employees.

 Schedule K1. Revival of rights for certain Community scheme transferees.

 Schedule M1. Employees affected by reorganisation under Local Government Acts etc.

 Schedule M2. Modification in special cases.

 Schedule M3. Modifications applying to certain City of London employees.

 Schedule M4. Transitional and transitory provisions.

 Schedule M5. Subordinate legislation revoked.

 Schedule M6. Consequential amendments.

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