(a) in paragraph (1), after "regulation 5" insert ", regulation
5A"[4]; and
(b) in paragraph (6), add at the end -
" (p) an urban development corporation.[5]."
Further restrictions on eligibility
4. For paragraph 6(11) substitute -
" (11) A person may be a member of the Scheme
notwithstanding that he is entitled to be a member of the National Health Service Pension
Scheme for England and Wales ("the NHS Scheme")[6]
if -
(a) his entitlement to be a member of the NHS Scheme is by reason of his employment
by -
(i) a Care Trust; or
(ii) an NHS Scheme employing authority as a result of a prescribed arrangement under
section 31 of the Health Act 1999[7];
(b) he is specified in, or within a class of employees specified in, an admission
agreement made between an administering authority and a Care Trust or NHS Scheme employing
authority; and
(c) he was an active member of the Scheme immediately before his employment by the Care
Trust or by the NHS Scheme employing authority.".
Periods of membership: "total membership"
5. In regulation 9(2), after " regulations 10,
11" insert ", 29".
Meaning of "pay"
6. In regulation 13, omit paragraphs (5), (6) and (7).
General qualification for benefits
7. In regulation 19 -
(a) in paragraph (1)(a), for "two years" substitute "three months";
and
(b) in paragraph (2)(a), delete "or under regulation 27(3) (ill-health grants)".
Calculations
8. In regulation 20(6), omit sub-paragraph (a).
Final Pay
9. In regulation 21, omit paragraph (8).
Ill-health
10. In regulation 27 -
(a) omit paragraphs (3) and (4); and
(b) in paragraph (5), for the definition of "permanently incapable"
substitute -
" "permanently incapable" means that the member will, more likely than
not, be incapable, until, at the earliest, his 65th birthday.".
Amounts of ill-health pension and grant
11. In regulation 28 -
(a) for paragraphs (4) and (4A) substitute -
" (4) Where a member becomes entitled to a further
ill-health pension and grant (because of having been a member in two or more employments),
the multiplier for the further ill-health pension and grant will be the total membership
without enhancement.
(4A) But paragraph 4 does not apply to a member who becomes
entitled to a further ill-health pension and grant as a result of being in concurrent
employments which cease simultaneously."; and
(b) omit paragraph (9).
Re-employed pensioners
12. - (1) For regulation 29,
substitute -
" 29. Where a pensioner member becomes an active
member again, his former membership shall be taken into account only for the purpose of
calculating -
(a) whether he has the necessary total membership referred to in -
(i) regulation 19(1)(a) to be entitled to benefits under this Chapter; and
(ii) regulation 28(1) to be entitled to calculate his ill-health pension and grant by
reference to the enhanced membership period; and
(b) total membership in regulation 52 (power of employing authority to increase total
membership).".
(2) Omit regulation 30.
Re-employed and rejoining deferred members
13. In regulation 32 -
(a) after paragraph (1), insert -
" (1A) But a member cannot elect to aggregate any period
of former membership which he could have elected to aggregate with another period of
former membership but did not before the expiry of the period in paragraph (8A).";
(b) in paragraph (5), for sub-paragraph (aa) substitute -
" (aa) for the purpose only of calculating -
(i) whether the member has the necessary total membership referred to in regulation
19(1)(a) to be entitled to benefits under this Chapter and regulation 28(1) to be entitled
to calculate his ill-health pension and grant by reference to the enhanced membership
period; and
(ii) total membership in regulation 52 (power of employing authority to increase total
membership),
the unaggregated periods of membership shall be taken into account, and"; and
(c) after paragraph (8), insert -
" (8A) The notice under paragraph (7) must be given before
the expiry of the period of 12 months beginning with the date that he became an active
member again (or such longer period as his employer may allow).".
Concurrent employments
14. In regulation 32A, in paragraph (1), for "two
years'" substitute "three months'".
Guaranteed minimum pensions etc.
15. In regulation 36, in paragraph (9)(c), for "two
years" substitute "three months".
Surviving spouse's long-term pension
16. In regulation 41, in paragraphs (4) and (5), for
"two years" substitute "three months".
Dependants of re-employed pensioners
17. Omit regulation 48.
Power of employing authority to increase total membership
18. - (1) In regulation 52 -
(a) in the heading, delete "of members leaving employment at or after 50";
(b) in paragraph (1), for "a member who leaves his employment on or after his 50th
birthday" substitute "an active member";
(c) for paragraph (2) substitute -
" (2) A member's total additional membership (including
additional membership in respect of different employments) must not exceed -
(a) 6 243/365 years;
(b) the period by which the member's total membership falls short of 40 years; or
(c) the period by which the member's total membership falls short of the total membership
the member will have if he continues as an active member until he is 65,
whichever is the shortest.";
(d) omit paragraphs (3), (4) and (5);
(e) in paragraph (7), for sub-paragraph (b) substitute -
" (b) such longer period as the employing authority and the administering
authority agree."; and
(f) omit paragraph (9).
(2) Omit regulation 53.
Elections as to use of accumulated value of AVCs
19. In regulation 66(7), omit sub-paragraph (a).
Funding strategy statement
20. After regulation 76, insert -
" Funding strategy statement
76A. - (1) Each administering authority shall,
after consultation with such persons as they consider appropriate, prepare, maintain and
publish a written statement setting out their funding strategy.
(2) In preparing and maintaining the statement, the administering
authority shall have regard to -
(a) the guidance set out in the document published in March 2004 by CIPFA, the
Chartered Institute of Public Finance and Accountancy and called "CIPFA Pensions
Panel Guidance on Preparing and Maintaining a Funding Strategy Statement (Guidance note
issue No. 6)"; and
(b) the statement of investment principles published by the administering authority under
regulation 9A of the Local Government Pension Scheme (Management and Investment of Funds)
Regulations 1998[8].
(3) The first such statement shall be published on or before
31st March 2005.
(4) The statement shall be revised and published by the
administering authority following, and in accordance with, any -
(a) material change in their policy on the matters set out in the statement; and
(b) material change to the statement of investment principles under regulation 9A(4) of
the Local Government Pension Scheme (Management and Investment of Funds) Regulations
1998.".
Actuarial valuations and certificates
21. After regulation 77(5), insert -
" (5A) The actuary must have regard to the administering
authority's funding strategy statement published under regulation 76A.".
Employer's further payments
22. In regulation 80 -
(a) omit paragraph (2); and
(b) in paragraph (4) -
(i) for ", 52, 53 or 143" substitute "or 52"; and
(ii) for "(but, in the case of resolutions" to the end of the paragraph
substitute "(but, in the case of a resolution under regulation 52, only so far as not
paid under paragraph (1)).".
Interest
23. In regulation 82 -
(a) in paragraph (1), for ", 125 or 126" substitute "or 125"; and
(b) in paragraph (2), for "87(1) and (2A)" substitute "87(2A)".
Discontinuance of additional contributions
24. In regulation 83(9)(b), delete "and has not made
an election under regulation 29".
Rights to return of contributions
25. In regulation 87 -
(a) in paragraph (1), for "2 years'" substitute "three months'" and
delete "with interest calculated to the date he ceased to be employed";
(b) omit paragraph (2); and
(c) in paragraph (2A), delete "(with interest due under paragraph (1), if
applicable)".
Exclusion of rights to return of contributions
26. In regulation 88(3), omit sub-paragraph (a).
Notification of decisions under regulation 97
27. In regulation 98(5), for sub-paragraph (c)
substitute -
" (c) specify the job title and the address of the person to whom applications
under regulation 100 may be made.".
Appropriate administering authorities
28. For the heading and text of regulation 99,
substitute -
" Appropriate administering authorities
99. - (1) For this Chapter an administering
authority are the appropriate administering authority for the purpose of resolving
disagreements in respect of which an application is made under regulation 102
if -
(a) where the person making the application is a member or prospective member, they are
or were his last appropriate administering authority for the other purposes of these
Regulations, and
(b) where the person making the application is the widow, widower or surviving dependent
of a deceased member, they were his appropriate administering authority.
(2) Each administering authority shall determine -
(a) the procedure to be followed by them when exercising their functions as an
appropriate administering authority under regulation 102; and
(b) the manner in which those functions are to be exercised.".
Right to apply to person to decide the disagreement
29. In regulation 100 -
(a) for the heading substitute "Right to apply to person to decide the
disagreement";
(b) for paragraph (1), substitute -
" (1) Where there is a disagreement about a matter in
relation to the Scheme between a member or an alternative applicant and a Scheme employer,
the member or, as the case may be, the alternative applicant may apply to -
(a) the person specified under regulation 98(5)(c) to decide the disagreement; or
(b) the appropriate administering authority for them to refer the disagreement to a person
to decide."; and
(c) in paragraph (8), for "appropriate appointed person" substitute
"person deciding the disagreement".
Notice of decisions under regulation 100
30. In regulation 101 -
(a) in the heading, delete "by appointed persons";
(b) in paragraph (1), for "appropriate appointed person" substitute "person
deciding the disagreement"; and
(c) in paragraph (3)(d), delete "and the Scheme employer's right" and for
"Secretary of State" substitute " appropriate administering
authority".
Reference of disagreement to the appropriate administering authority
31. In regulation 102 -
(a) in the heading and text, for "Secretary of State" substitute
"appropriate administering authority" in each place where it appears; and
(b) in paragraph (1), delete "or the Scheme employer in question".
Notice of decisions under regulation 102
32. In regulation 103 -
(a) in the heading, delete "by the Secretary of State"; and
(b) in paragraph (1), for "The Secretary of State must issue his" substitute
"The appropriate administering authority must issue their".
Annual benefit statements
33. After regulation 106 insert -
" Annual benefit statements
106A. - (1) An administering authority shall
issue an annual benefit statement to each of its active, deferred and pension credit
members.
(2) The first such statements must be issued on or before 1st
April 2005 and subsequent statements must be issued on or before each 1st April
thereafter.
(3) An annual benefit statement shall contain an illustration of
the amount of benefit entitlement, in respect of the rights that may arise under the
Scheme, which -
(a) has been accrued by the member at the relevant date, and
(b) in the case of an active member, is capable of being accrued by the member if he
remains in the Scheme until his NRD.
(4) The illustration shall be calculated -
(a) in the case of active members, on the member's pay (or, in the case of part-time
employees, the whole-time equivalent) for the twelve-month period ending with the relevant
date;
(b) in the case of deferred members, on the member's final pay; and
(c) in the case of pension credit members, in accordance with regulation 153, as if the
"normal benefit age" is the relevant date.
(5) The relevant date -
(a) is 31st March prior to the date that the statement is issued, or
(b) such later date as the authority may choose.".
Liability for combined benefits
34. Omit regulation 126.
Members employed by magistrates' courts committees
35. In regulation 133, in paragraph (10), omit
sub-paragraph (c).
Conversion of periods credited under Discretionary Payments Regulations etc. into
membership
36. Omit regulation 143.
Scheme employers
37. In Schedule 2 -
(a) after "A valuation tribunal" insert "in Wales";
(b) for "a city academy within the meaning of the Education Act 1996"
substitute -
" An Academy within the meaning of section 482 of the Education Act 1996[9]
or as a result of section 67 of the Education Act 2002 (conversion of city academies into
Academies)"; and
(c) add at the end -
" The Valuation Tribunal Service"[10].
Revenue restrictions
38. In Schedule 4 -
(a) in the heading above paragraph 8, for "regulations 53 and 55" substitute
"regulation 55";
(b) in paragraph 8(1), delete "53 or"; and
(c) in paragraph 8(3), delete sub-paragraph (a).
Appropriate funds
39. In Part II to Schedule 5 -
(a) add at the end of the Table -