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The Local Government Pension Scheme Regulations 1995

Type Statutory-Instrument

Publication 1995-04-06

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(iv) the date the second agreement takes effect were the transfer date.

(2) Where—

(a) an undertaking (as defined in regulation K24(10)) is transferred from an employing authority (“the first employer”) to a body which enters into an admission agreement with an appropriate administering authority (“the new authority”) in respect of one or more persons who were members in relation to their employment with the first employer and remain members in relation to their employment with the new authority; and

(b) the new authority is different from the appropriate administering authority maintaining the fund which was their appropriate pension fund immediately before the transfer, and

(c) each of those members is entitled to count in relation to his employment with the new authority any membership he was entitled to count in his employment with the first employer,

then regulation K24 applies (and regulations K20 to K22 do not apply) as if—

(i) such a member were a person within paragraph (1)(a) of that regulation,

(ii) the pension fund maintained by the new authority were the transferee scheme,

(iii) the new authority were the scheme managers, and

(iv) the date the agreement takes effect were the transfer date.

Payments for combined benefits

Liability for combined benefits

K26

(1) Where—

(a) a benefit under Part II or paragraph 19(2) of Schedule D5 (“the combined benefit”) becomes payable out of a pension fund (“the new fund”), and

(b) a benefit (“the replaced benefit”) would otherwise have become or remained payable out of another fund,

the authority maintaining the new fund (“the new authority”) shall as soon as is reasonably practicable notify the authority maintaining the other fund (“the previous authority”) that the combined benefit has become payable.

(2) On being notified under paragraph (1), the previous authority shall, as from the date from which the combined benefit became payable and, in the case of a benefit which is a pension, so long as it remains payable, make payments to the new authority at an annual rate equal to that of the replaced benefit (including any increases which have become payable in that benefit).

(3) The payments to be made under paragraph (2)—

(a) in so far as they are made in respect of a benefit which is a pension, shall be made on 31st March, 30th June, 30th September and 31st December (unless longer intervals are agreed by the two authorities); and

(b) in so far as they are made in respect of a benefit which is a lump sum, shall be made on the first of those dates to follow the date on which the combined benefit first becomes payable (unless the two authorities agree otherwise).

(4) Where a previous authority are liable to make payments to a new authority under paragraph (2), that liability may be discharged—

(a) in a case where no previous payments have been made in respect of the liability in question, by the payment of a capital sum of an amount equal to the amount of the transfer value that would have been payable by the previous authority if, on the date on which the election under paragraph 19(1) of Schedule D5 or, in the case of a benefit under paragraph 19(2) of that Schedule, the date of his death, the member had duly applied under regulation K2(2)(c) for a transfer value to be paid to an appropriate personal pension scheme (assuming he had been eligible to do so); and

(b) in a case where previous payments have been made in respect of the liability in question, by the payment of a capital sum of an amount equal to the capitalised value at the date of that payment of the outstanding payments which would otherwise be due in respect of that liability;

and the capitalised value referred to in paragraph (b) shall be determined in such manner as may be approved by the Government Actuary, having regard to such factors as he considers appropriate, (and he may issue such Tables as he considers appropriate for the purposes of such determinations).

(5) Where after the combined benefit became payable the previous authority have made any payment in respect of the replaced benefit to a person appearing to them to be entitled to it, the amount of that payment shall be deducted—

(a) by the new authority from the combined benefit, and

(b) by the previous authority from the amount to be paid by them under paragraph (2).

(6) If all or part of any sum due under this regulation remains unpaid at the end of the period of one month after the later of—

(a) the date on which it becomes due, and

(b) the date of receipt of notification under paragraph (1),

the new authority may require the previous authority to pay interest, calculated at one per cent. above base rate on a day to day basis from the due date of payment to the date of actual payment, and compounded with three-monthly rests, on the amount remaining unpaid.

(7) Payments under paragraphs (2) and (4) and interest paid under paragraph (6) shall be carried and credited to the new fund.

Transfers to and from Scottish local government employment

Transfers to and from Scotland

K27

(1) Where a person becomes employed in a local government employment after having ceased, at any time after 30th March 1972, to hold a relevant Scottish employment, these regulations or, as the case may be, the 1974 regulations or the 1986 regulations shall be deemed to have become applicable to the person on the cessation of his relevant Scottish employment as if that employment had been local government employment (but as if the appointed day for the purpose of the 1974 regulations had been 16th May 1974).

(2) In paragraph (1) “relevant Scottish employment” means—

(a) in relation to any time before 16th May 1974, employment by virtue of which the person was, or was deemed to be, a contributory employee within the meaning of the Local Government Superannuation (Scotland) Act 1937[^f00046] or a local Act contributor within the meaning of that Act, and

(b) in relation to any time after 15th May 1974, employment by virtue of which the person was, or was deemed to be, a pensionable employee within the meaning of the Local Government Superannuation (Scotland) Regulations 1987[^f00047].

(3) The reference in paragraph 1(1) of Schedule D5 (reduction of retirement pension on re-employment) to employment with a LGPS employer is to be construed as including a reference to employment with any scheduled body (as defined in those regulations).

(4) In the case of a person who, after ceasing to be employed in a local government employment, has become employed in a local government employment (as so defined), regulations K20 to K22 and K26(4) apply as if the latter employment had been a local government employment.

Overseas employment

K28

(1) Where any person to whom regulation 3 of the Local Government Superannuation (Overseas Employment) Regulations 1985[^f00048] applies has not made an election under paragraph (3) of that regulation, these regulations apply to him with the following modifications.

(2) Regulation D12 (further provisions about preserved benefits) applies as if—

(a) after paragraph (1)(d) there were inserted the words

or (e) if the total period of his membership is less than 5 years.

; and

(b) in paragraph (2) after paragraph (b) there were inserted the words—

but no such election may be made where paragraph (1)(e) applies

(3) Schedule B6 applies as if—

(a) in paragraph 5 after paragraph (e) there were inserted—

(ee) regulation D12(1)(e) (cessation of right to preserved benefits: overseas service cases)

; and

(b) after paragraph 10 there were inserted—

(10A) Any period which, if Part II of the Superannuation (Local Government and Overseas Employment) Interchange Rules 1969[^f00049] had applied to him, would have been a period of overseas employment (within the meaning of those rules) counts as a period to which this Part of this Schedule applies.

(4) Preserved benefits (including any increases under the Pensions (Increase) Act 1971[^f00050] and the Pensions (Increase Act) 1974[^f00051] are subject to reduction, but on a return to local government employment previous service becomes reckonable on repayment of a sum equal to the amount of returned contributions, as if regulations D1(2) (with the substitution for “the appointed day” of “6th January 1986”), D1(3) and K1(7) of the 1974 regulations had continued to have effect.

PART L — PENSION FUNDS AND PAYMENTS BY AUTHORITIES

The pension funds

Continuation of existing superannuation funds

L1

The superannuation funds maintained immediately before the commencement date under or for the purposes of the 1986 regulations shall, subject to the provisions of these regulations, continue to be maintained for the purposes of these regulations by the bodies then responsible for maintaining them (and those funds are referred to in these regulations as “pension funds”).

Transfer of existing pension funds

L2

Where any superannuation fund to which regulation L1 applies is vested in any body by virtue of an order made under the Local Government Act 1992[^f00052], it shall be maintained by that body for the purposes of these regulations.

Further funds for members covered by admission agreements

L3

(1) An administering authority who are a party to any admission agreement may establish a further pension fund (a “further fund”), to be maintained by them in addition to the fund they maintain under regulation L1 (“the main fund”).

(2) An authority who establish a further fund shall immediately give the Secretary of State notice in writing that they have done so, specifying the bodies of a description specified in Schedule B4 whose employees are to participate in the benefits of the further fund.

(3) If an authority establish a further fund they shall cease to hold as part of the main fund assets of a value to be specified by an actuary, which shall then become part of the further fund.

(4) When, following the establishment of a further fund, the authority who have established the further fund first obtain under regulation L10 valuations of both the main fund and the further fund, they shall also obtain from the actuary a statement specifying the value to which any further assets should in his opinion cease to be held by them as part of the main fund and become part of the further fund.

(5) As soon as is reasonably practicable after the authority obtain the statement mentioned in paragraph (4), they shall cease to hold as part of the main fund assets to the value specified in the statement, which shall then become part of the further fund.

(6) On the establishment of the further fund all rights to payment out of the main fund in respect of service in employment under a body identified in the notice under paragraph (2) shall become rights to payment out of the further fund.

Management and investment of funds

Management of pension fund

L4

Subject to paragraph (2), every administering authority shall in each year carry and credit to their pension fund—

(a) the amounts contributed during the year by members entitled to participate in the benefits of the fund,

(b) the amounts payable by employing authorities under regulation L12,

(c) all dividends and interest arising during the year out of the investment or use of money forming part of the fund, and any capital money resulting from the realisation of investments or from the repayment of money used temporarily for other authorised purposes,

(d) the amount of any additional payments received by the administering authority under these regulations, and

(e) any other sum which the administering authority may become liable to carry to the fund under these regulations.

(2) Interest paid under this Part shall be carried and credited—

(a) if paid under paragraph (3) of regulation L15, to the relevant fund within the meaning of that regulation,

(b) otherwise, to the appropriate pension fund.

(3) An administering authority may pay out of money forming part of their pension fund any costs, charges and expenses incurred by them in administering the fund—

(a) including those incurred—

(i) in discharging their functions under regulations L5 to L8, or

(ii) in connection with a scheme to which contributions are payable under Schedule C4, but

(b) excluding those incurred in connection with a retirement benefits scheme approved by the Commissioners of Inland Revenue under section 591(1) and (2)(h) of the Income and Corporation Taxes Act 1988[^f00053].

Use and investment of pension fund’s money

L5

(1) Any money forming part of the pension fund maintained by an administering authority (“fund money”) that is not for the time being required to meet payments to be made out of the fund under these regulations shall be invested by the authority.

(2) An administering authority may vary the manner in which any fund money is for the time being invested by them under this regulation.

(3) In the discharge of their functions under this regulation an administering authority shall have regard—

(a) to the need for diversification of investments of fund money,

(b) to the suitability of investments of any description of investment which they propose to make and of any investment proposed as an investment of that description, and

(4) Paragraph (3)(c) does not apply where functions under this regulation are lawfully discharged, under arrangements made under section 101 of the Local Government Act 1972[^f00054] or otherwise, by an officer who is competent to give proper advice.

(5) For the purposes of this regulation and of regulations L4(1)(c) and L6, investment includes—

(a) any contract entered into in the course of dealing in financial futures and traded options,

(b) appropriation by the administering authority for use as a loan for any purpose for which they have a statutory borrowing power (including power to borrow under an instrument made under a statute),

(c) any contract the effecting of which constitutes the carrying out of insurance business within class VII in Schedule 1 to the Insurance Companies Act 1982[^f00055] with a person—

(i) who is permitted under that Act to carry on such business, or

(ii) who, as an insurance company the head office of which is in a member State, is permitted under the law of a member State (other than the United Kingdom) to carry on insurance business of a corresponding class,

(d) a permitted stocklending arrangement, and

(e) entering as a limited partner into a partnership.

(6) For the purposes of this regulation—

“limited partner” means a person who is not liable for the debts or obligations of a partnership beyond the amount contributed at the time of entering into that partnership;

“partnership” means a partnership whose purpose is to invest in shares in or securities of companies which at the date of purchase by the partnership are normally not quoted on a recognised stock exchange;

“proper advice” means the advice of a person who is reasonably believed by the administering authority to be qualified by his ability in and practical experience of financial matters (including where appropriate an officer of theirs);

“recognised stock exchange” has the meaning given in section 841(1) of the Income and Corporation Taxes Act 1988;

“stocklending arrangement” means an arrangement such as is mentioned in section 129(1) or (2) of the Income and Corporation Taxes Act 1988 and such an arrangement is a permitted arrangement if it complies with the provisions of regulation 5.58 and 5.60 of Section L of the Financial Services (Regulated Schemes) Regulations 1991, taking— the reference in paragraph 1c(iii) of regulation 5.58 to Guidance of the Board as a reference to Guidance Release 4/91 issued by the Securities and Investments Board in June 1991, and any reference to the trustee as a reference to the administering authority;

“traded option” means an option which is for the time being quoted on a recognised stock exchange or on the London International Financial Futures Exchange.

Restrictions on investments

L6

Subject to the following provisions of this regulation, an administering authority may not—

(a) make any investment in unlisted securities of companies so as to cause the total value of such investments to exceed the permitted percentage,

(b) make any investment so as to result—

(i) in more than the permitted percentage being represented by a single holding, or

(ii) in more than the permitted percentage being represented by investments in units or other shares of the investments subject to the trusts of unit trust schemes managed by any one body,

(c) make any deposit with a relevant body (within the meaning of paragraph (4)) so as to cause the aggregate amount of fund money deposited with any one bank, institution or person (other than the National Savings Bank) to exceed the permitted percentage,

(d) lend, use as mentioned in regulation L5(5)(b), or deposit with a person specified in paragraph 12 or 13 of Schedule 2 to the Banking Act 1987[^f00056], any or any additional fund money so as to cause the aggregate amount of all fund money so lent, used or deposited to exceed the permitted percentage,

(e) make any contract falling within regulation L5(5)(c) under which the total amount so contracted exceeds the permitted percentage,

(f) enter into a stocklending arrangement so as to cause the total value of the securities transferred, or agreed to be transferred, by the authority pursuant to stocklending arrangements to exceed the permitted percentage, or

(g) contribute to a partnership so as to cause the total value of contributions by the authority—

(i) to that partnership, or

(ii) to such partnerships in general,

to exceed the permitted percentage.

(2) For the purposes of this regulation “the permitted percentage” in relation to any time means—

(a) in the case of paragraphs (1)(a), (b)(i), (c) and (d), 10 per cent.,

(b) in the case of paragraphs (1)(b)(ii), (e) and (f), 25 per cent.,

(d) in the case of paragraph (1)(g)(ii), 5 per cent., of the value at the time of all investments of fund money.

(3) The total value of investments referred to in paragraph (1)(a) does not include the value of such investments made in accordance with a scheme under section 11 of the Trustee Investments Act 1961[^f00057].

(4) Paragraph (1)(b) does not apply—

(a) to an investment made in accordance with such a scheme,

(b) to an investment falling within paragraph 1 of Part I or paragraph 1 or 2 of Part II of Schedule 1 to that Act, or

and in this paragraph “relevant body” means—

(i) the Bank of England,

(ii) an institution authorised under Part I of the Banking Act 1987[^f00058],

(iii) a person for the time being specified in Schedule 2 to that Act, or

(iv) a European authorised institution which has lawfully established a branch in the United Kingdom for the purpose of accepting deposits.

(5) Paragraph (1)(b)(i) does not apply if—

(a) the investment is made by an investment manager appointed under regulation L8, and

(b) the single holding comprises only investments in units or other shares of the investments subject to the trusts of any one unit trust scheme.

(6) Paragraph (1)(d) does not apply if the loan is—

(a) to Her Majesty’s Government in the United Kingdom, or

(b) to the Government of the Isle of Man;

and for the purposes of that paragraph money is not lent if it is—

(i) invested in registered securities to which section 1 of the Stock Transfer Act 1963[^f00059] applies or in listed securities, or

(ii) deposited with the Bank of England, an institution authorised under Part I of the Banking Act 1987 or a person for the time being specified in paragraphs 1 to 11 of Schedule 2 to that Act.

(7) In this regulation—

“companies” includes companies established under the law of any territory outside the United Kingdom;

“European authorised institution” has the same meaning as in the Banking Co-ordination (Second Council Directive) Regulations 1992[^f00060];

“listed securities” means securities quoted on a recognised stock exchange and “unlisted securities” shall be construed accordingly;

“securities” includes shares, stock and debentures;

“single holding” means investments— in securities of, or in loans to or deposits with, any one body, other than investments in unit trust schemes, in units or other shares of the investments subject to the trust of any one unit trust scheme, in the acquisition, development or management or in any advance of money upon the security of any one piece of land, or in the acquisition of any one chattel;

“recognised stock exchange” and “stocklending arrangement” have the same meaning as in regulation L5;

and the value at any time of all investments of fund money is to be taken to include the amount of any fund money used as mentioned in regulation L5(5)(b) and for the time being not repaid.

Use of fund money by administering authority

L7

An administering authority shall pay interest to the fund on the total from day to day of any fund money used by them and for the time being not repaid, at a rate no lower than the lowest rate at which that amount could have been borrowed by them at arms' length at 7 days' notice (otherwise than by way of overdraft from a bank).

Fund managers

L8

(1) In this Part “investment manager” means—

(a) a person who is authorised under the Financial Services Act 1986[^f00061] and entitled by virtue of that authorisation to manager the assets of occupational pension schemes;

(b) a person—

(i) who does not transact investment business (within the meaning of that Act) from a permanent place of business maintained by him in the United Kingdom;

(ii) whose head office is situated in a member State other than the United Kingdom;

(iii) who is recognised by the law of that member State as a national of that or another member State; and

(iv) who is for the time being authorised under that law to engage in one or more of the activities falling within Part II of Schedule 1 to that Act, and is not precluded by that law from managing the assets of occupational pension schemes or assets belonging to another person; or

(2) Instead of managing and investing fund money on their own behalf, an administering authority may, subject to the following provisions, appoint one or more investment managers to manage and invest it on their behalf.

(3) An administering authority may only appoint as an investment manager a person who—

(a) they reasonably believe is suitably qualified by his ability in and practical experience of financial matters to make investment decisions on their behalf, and

(b) is not an employee of that authority.

(4) An administering authority may only make such an appointment if—

(a) they have considered the value of the fund money to be managed by the investment manager or, as the case may be, by each of the investment managers to be appointed;

(b) they have taken proper advice; and

(i) to the desirability of securing diversification of the management of the fund, and

(ii) to the value of the assets of the fund, that it will not be excessive.

(5) The terms of an appointment under paragraph (2) shall—

(a) provide for the appointment to be terminable by the administering authority giving not more than one month’s notice;

(b) require the investment manager to provide the administering authority at least once every three months with a report setting out the action he has taken under the appointment;

(d) require the investment manager to have regard—

(i) to the need for diversification of investments of fund money, and

(ii) to the suitability of investments of any description of investment which he proposes to make, and of any investment proposed as an investment of that description; and

(e) prohibit the investment manager from making investments which would contravene regulation L6;

and in determining those terms an administering authority shall have regard to proper advice.

(6) Where an authority have made an appointment under paragraph (2) they shall—

(a) at least once every three months review the investments made by the investment manager; and

(b) from time to time consider the desirability of continuing or terminating the appointment.

(7) In exercising their functions under paragraph (6), an administering authority shall have regard to proper advice and—

(a) to the need for diversification of investments of fund money; and

(b) to the suitability of investments of any description of investment which the investment manager has made and of any investment made as an investment of that description.

(8) In this regulation—

“home-regulated investment business” and “European institution” have the same meaning as in the Banking Coordination (Second Council Directive) Regulations 1992[^f00062]; and

“proper advice” and “investment” have the same meaning as in regulation L5.

Accounts and audit

L9

As soon as practicable after any audit of their pension fund an administering authority shall send each body whose employees contribute to the fund copies—

(a) of the revenue account and balance sheet of the fund, and

(b) of any report by the auditor.

Valuations and rates of contributions and adjustments

Valuations of pension fund

L10

(1) Every administering authority—

(a) shall obtain an actuarial valuation of the assets and liabilities of their pension fund as at 31st March in the year 1995 and in every third year afterwards, together with a report by the actuary; and

(b) shall for that purpose provide the actuary with the consolidated revenue account of the fund and such other information as he may require.

(2) Unless the Secretary of State allows an extended period, the valuation and report are to be obtained within 12 months from the date as at which the valuation is made.

(3) Immediately an administering authority receive any such valuation and report they shall—

(a) send copies of them—

(i) to the Secretary of State,

(ii) to each body whose employees contribute to the fund, and

(iii) to any other body which is or may become liable to make payments to the fund in respect of pensions; and

(b) send the Secretary of State—

(i) a copy of the consolidated revenue account with which the actuary was provided, and

(ii) a summary of the assets of the fund at the date as at which the valuation was made (unless such a summary is contained in the report).

(4) Where an admission agreement ceases to have effect, the administering authority with whom it was made shall obtain an actuarial valuation as at the date of the cessation of the agreement of the liabilities of the employing body as respects their pension fund and shall send copies of it to that body and to the Secretary of State.

Actuary’s certificates

L11

(1) Every administering authority shall, as soon as is reasonably practicable after obtaining a valuation from an actuary under regulation L10(1), obtain from him a certificate specifying—

(a) the common rate of employer’s contribution, and

(b) any individual adjustments,

for each year of the period of three years beginning with 1st April in the following year.

(2) As soon as is reasonably practicable after an administering authority establish a further fund under regulation L3 they shall obtain from the actuary consulted by them for the purposes of regulation L3(4) such a certificate as is mentioned in paragraph (1) in respect of the further fund, relating to each remaining year of the period to which the most recent certificate obtained by them under paragraph (1) relates, and as soon as is reasonably practicable after an administering authority obtain a valuation under regulation L10(4) they shall obtain from the actuary consulted by them for the purposes of that regulation a revision of the certificate under paragraph (1) or, as the case may be, this paragraph.

(3) For the purposes of paragraph (1), the common rate of employer’s contribution is the percentage of the remuneration of their employees who are members which should in the actuary’s opinion be paid to the fund by all bodies whose employees contribute to it so as to ensure solvency, having regard—

(a) to the existing and prospective liabilities of the fund arising from circumstances common to all those bodies, and

(b) to the desirability of maintaining as nearly constant a rate as possible.

(4) An individual adjustment is any percentage or amount by which in the actuary’s opinion contributions at the common rate should in the case of a particular body be increased or reduced, having regard to existing or prospective liabilities of, or of benefits accruing to, the fund arising from circumstances peculiar to that body.

(5) Immediately an administering authority receive a certificate under this regulation they shall send a copy of it—

(a) to the Secretary of State,

(b) to each body whose employees contribute to the fund, and

Employers' liability to make payments

Employer’s contributions

L12

(1) An employing authority shall contribute to the appropriate pension fund—

(a) in each year of any period of three years for which a certificate is required under regulation L11(1), or

(b) in the case of a body who have entered an admission agreement and are identified in the notice required by regulation L3(2), in each of the remaining years for which a certificate is required under regulation L11(2),

a sum equal to the presumed contribution for that year, increased or, as the case may be, reduced in accordance with any individual adjustment specified for the year in respect of the body under regulation L11(1)(b).

(2) An employing authority shall, during each year of every such period as is mentioned in paragraph (1), pay to the appropriate pension fund at the end of each of the intervals determined under regulation L14, on account of the sum required by paragraph (1) to be paid in that year, a sum equal to the presumed contribution for that interval, increased or, as the case may be, reduced by—

(a) any percentage, or

(b) a part, proportionate to the length of the interval, of any amount expressed in money terms,

that has been specified as an individual adjustment for the year in respect of the body under regulation L11(1)(b).

(3) For the purposes of paragraphs (1) and (2), the presumed contribution for any period for an employer is a sum equal to the common percentage for the year in question of the remuneration on which contributions have during that period been paid to the fund under regulation C4, C5 or C6 by their employees who are members; and in this paragraph “the common percentage” means the common rate of employer’s contribution specified under regulation L11, expressed as a percentage.

(4) If all or part of any sum due under paragraph (2) remains unpaid at the end of the period of one month after the date on which it becomes due, the administering authority may require the employing authority to pay interest on the amount remaining unpaid, calculated at one per cent. above base rate on a day to day basis from the due date of payment to the date of payment, and compounded with three-monthly rests.

Employer’s further payments

L13

(1) Where immediately before the commencement date any payments remained to be made by an employee under regulation D10 (added years) or D11 (payments under former regulations for added years) of the 1974 regulations, his employing authority shall, so long as he remains in their employment, pay to the appropriate pension fund—

(a) contributions equal to the amounts payable by the employee in respect of his obligations under those regulations by virtue of Schedule C6 or Schedule M4; or

(b) where the amounts payable by the employee—

(i) were reduced under proviso (ii) to regulation 12(3) of the Benefits regulations or the proviso to paragraph 1 of Schedule 6 to the 1974 regulations, or

(ii) were or are reduced by virtue of the payment of a lump sum under Schedule 4 to the 1974 regulations or Schedule 7 to the 1986 regulations or paragraph 4 of Schedule C5 to these regulations,

contributions equal to the amounts that would have been payable by the employee but for the reduction.

(2) Where—

(a) on the employee’s ceasing to hold his employment the employing authority agree to pay a sum under paragraph 4A(5) of Schedule 5 to the 1974 regulations (as deemed by virtue of paragraph 9 of Schedule C6 to have continued to have effect); and

(b) the employee pays the required amount for the purposes of that paragraph,

the employing authority shall pay the agreed sum to the appropriate pension fund before the end of the period of one month beginning on the date of the employee’s payment.

(3) If all or part of the agreed sum remains unpaid at the end of that period, the administering authority may require the employing authority to pay interest on the amount remaining unpaid, calculated at one per cent. above base rate on a day to day basis from the day after the end of the period to the date of payment, and compounded with three-monthly rests.

(4) Any extra charge on the appropriate pension fund resulting from—

(a) a determination under regulation D4 of the 1974 regulations (previous employment under an officer to be treated as non-contributing service);

(b) a resolution under regulation D9 of the 1974 regulations (non-contributing service to be treated as contributing service);

(c) a resolution under regulation D14 or G8 of the 1974 regulations or regulation D7 of the 1986 regulations or regulation B16 or B17 of these regulations (increase of membership); or

(d) an additional benefit granted under regulation E13 of the 1974 regulations or regulation E13 of the 1986 regulations (additional benefits for female nursing staff),

shall be repaid to the fund by the employing authority concerned.

Payments by employing authorities to appropriate administering authorities

L14

(1) Every employing authority which is not an administering authority shall pay to the appropriate administering authority, at such intervals of not more than 12 months as that authority may determine—

(a) all amounts from time to time deducted from the remuneration of their employees under these regulations;

(b) any amount received by them under regulation C7, by deduction from remuneration or otherwise, during the interval;

(c) any extra charge payable under regulation L13(1) to (3), the amount of which has been notified to them by the administering authority during the interval; and

(d) subject to paragraph (2), a contribution towards the cost of the administration of the fund.

(2) Paragraph (1)(d) does not apply where the cost is paid under regulation L4(3) out of money forming part of the fund.

(3) The annual amount of the contributions payable under paragraph (1)(d) is to be agreed between the body concerned and the administering authority, or in default of agreement, determined by the Secretary of State.

(4) Subject to paragraph (5), every payment under paragraph (1)(a) is to be accompanied by a statement showing—

(a) the name and remuneration of each of the employees in relation to whom the payment is made;

(b) which of those employees are paying additional voluntary contributions under regulation C24 or continuing to pay instalments under regulation C7A of the 1986 regulations (as continued in effect by paragraph 1 of Schedule C6);

(c) the amounts comprised in the payment which represent deductions from the remuneration of each of those employees and the periods in respect of which the deductions were made;

(d) which of those amounts are amounts representing deductions in respect of such contributions or instalments as are mentioned in paragraph (b);

(e) the amount of the remuneration of those employees from or in respect of whom deductions have not been made; and

(f) the names of any employees who are members from whose remuneration no deductions have been made.

(5) An administering authority may direct that, instead of complying with paragraph (4), the employing authorities making payments to them under paragraph (1)(a) are to provide them with the information mentioned in paragraph (4) in such form, and at such intervals of not more than 12 months, as may be specified in the direction.

(6) If all or part of any sum due under this regulation remains unpaid at the end of the period of one month after the date on which it becomes due, the administering authority may require the employing authority concerned to pay interest, calculated and compounded as mentioned in regulation L12(4).

(7) Payments made in pursuance of paragraph (1)(a) to (c) shall be carried to the appropriate pension fund.

Extra charges resulting from early retirement of chief officers

L15

(1) Subject to paragraph (5), where a person has become entitled to benefits under regulation E2(1)(b)(iii) and (3)(c) of the 1974 regulations—

(a) the new authority shall in respect of any resulting extra charge on the relevant fund make a payment in accordance with paragraph (2) to the authority administering the relevant fund, and

(b) that administering authority shall carry the payment to that fund.

(2) The payment to be made under paragraph (1)(a)—

(a) is a payment of an amount to be determined by the relevant fund’s actuary as at—

(i) the person’s NRD, or

(ii) if sooner, his date of death, and

(b) becomes due three months after the new authority have been notified of the amount determined by the actuary.

(3) If all or part of any sum due under this regulation remains unpaid at the end of the period of one month after the date on which it becomes due, the authority administering the relevant fund may require the new authority to pay interest, calculated and compounded as mentioned in regulation L12(4).

(4) Paragraphs (1) to (3) do not apply—

(a) while there is in force any agreement made before 6th January 1986 between the new authority and the authority administering the relevant fund as to the making of payments in respect of extra charges of the kind mentioned in paragraph (1), or

(b) where all payments in respect of a person that were required by such an agreement have been made.

(5) In this regulation, in relation to a person who has become entitled to benefits—

“the new authority” is the body who are in relation to him the new authority for the purposes— of the Local Government (Retirement of Chief Officers) Regulations 1973[^f00063]; or of the Water Authorities (Retirement of Chief Officers) Regulations 1974[^f00064]; and

“the relevant fund” means the pension fund out of which the benefits are payable.

Transfers, recovery and retention from funds in misconduct cases

Transfer of sums from the pension fund to compensate for former member’s misconduct

L16

(1) This regulation applies where—

(a) a person (“the former employee”) has ceased to hold an employment in which he was a member in consequence of—

(i) an offence of a fraudulent character, or

(ii) grave misconduct,

in connection with that employment;

(b) the body who were his employing authority in that employment (“the former employing authority”) have suffered direct financial loss by reason of the offence or misconduct; and

(i) became entitled to benefits under Part D and a direction has been given under regulation H4(1), or

(ii) he did not become so entitled and his total period of membership is less than two years.

(2) Where this regulation applies and the former employing authority are an administering authority, they may transfer an appropriate amount from their pension fund to the appropriate fund or account.

(3) Where this regulation applies and the former employing authority are not an administering authority, the appropriate administering authority shall, subject to paragraph (5), pay the former employing authority an appropriate amount out of the pension fund if requested to do so.

(4) For the purposes of paragraphs (2) and (3), an appropriate amount is an amount which does not exceed—

(a) the amount of the direct financial loss, or

(b) the amount of any contributions which could have, but have not, been returned to the former employee, or paid to his spouse or a dependant, under regulation C21(4).

(5) Where a payment in lieu of contributions is due or has been made in respect of the former employee, the administering authority may reduce a payment under paragraph (3) by half the amount of the payment in lieu of contributions.

(6) If, after making a payment under paragraph (3), the appropriate administering authority are required to pay a transfer value in respect of the former employee, the former employing authority shall repay the administering authority the amount of that payment if requested to do so.

Recovery or retention where former member has misconduct obligation

L17

(1) This regulation applies where a person (“the former employee”)—

(a) has ceased to hold an employment, in respect of which he was or had at some time been a member, in consequence of a criminal, negligent or fraudulent act or omission on his part in connection with that employment;

(b) has incurred some monetary obligation, arising out of that act or omission, to the body who were his employing authority in that employment (“the former employing authority”); and

(2) Where this regulation applies the former employing authority may recover or retain out of the appropriate pension fund the amount of the monetary obligation, or if less, the actuarial value, at the time of the recovery or retention, of all rights enjoyed by or in respect of the former employee under these regulations with respect to his previous membership (other than rights enjoyed by virtue of the receipt of a transfer value from the scheme managers of a non-local government scheme or the trustees or managers of a personal pension scheme, a self-employed pension arrangement, a retirement annuity contract or an appropriate policy).

(3) The power under paragraph (2) may not be so exercised as to deprive a person of his guaranteed minimum pension or, in the event of his leaving a surviving spouse, deprive that spouse of any widow’s or widower’s guaranteed minimum pension, unless the person ceased to hold his employment in consequence of—

(a) an offence of treason, or

(b) one or more offences under the Official Secrets Act 1911 to 1989[^f00065] for which he has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

(4) The former employing authority shall give the former employee—

(a) not less than three months' notice of the amount to be recovered or retained under paragraph (2); and

(b) a certificate showing the amount so recovered or retained, the manner in which it is calculated, and the effect of the recovery or retention on his benefits or prospective benefits.

(5) If there is any dispute as to the amount of the monetary obligation mentioned in paragraph (1)(b), the former employing authority may not recover or retain any amount under paragraph (2) until the obligation has become enforceable under an order of a competent court or the award of an arbitrator.

Certain statutory payments to be met out of appropriate funds

Pension increases and cash equivalents under the Pension Schemes Act 1993

L18

(1) Any increase in a pension which is required by virtue of Chapter III of Part IV of the Pension Schemes Act 1993[^f00066] (protection of increases in guaranteed minimum pensions: anti-franking) shall be paid out of the appropriate pension fund.

(2) Any payment which an appropriate administering authority are required to make as a result of a person’s taking a right to a cash equivalent under Chapter IV of that Part shall be made out of the appropriate pension fund.

Pension increases under the Pensions (Increase) Acts

L19

(1) Where a pension, within the meaning of the Pensions (Increase) Act 1971[^f00067] (“the 1971 Act”), has become payable out of a pension fund maintained under these Regulations—

(a) any increase of the pension under the 1971 Act or the Pensions (Increase) Act 1974[^f00068], shall be paid out of that pension fund;

(b) Schedule 3 to the 1971 Act shall only have effect in relation to any such increase—

(i) where the last employing authority is not a body which is required by regulation L12 to contribute to that pension fund nor a Water Act Company;

(ii) where the last employing authority is such a body or Company and the increase was payable before 1st April 1990; or

(iii) where the last employing authority ceases after 31st March 1990 to be such a body, only so far as the cost of any such increase has not, in the opinion of the fund’s actuary, already been provided for by contributions paid under regulation L12.

(2) Where in relation to any such pension the last employing authority is a Water Act Company, the cost of any increase of the pension under the 1971 Act or the Pensions (Increase) Act 1974, payable on or after 1st April 1990 shall be reimbursed to the appropriate administering authority by the National Rivers Authority out of the new main fund (within the meaning of the Local Government Superannuation (National Rivers Authority) Regulations 1993[^f00069]).

(3) The amounts due to an administering authority under paragraph (2) or under Schedule 3 to the 1971 Act shall be paid to them at such intervals of not more than 12 months as the authority may determine, and, if all or part of any sum so due remains unpaid at the end of the period of one month after the date on which it becomes due, the administering authority may require the authority from which it is due to pay interest on the amount remaining unpaid, calculated and compounded as mentioned in regulation L12(4); and the administering authority shall carry and credit to their pension fund the amounts paid to them under paragraph (2), Schedule 3 to the 1971 Act and this paragraph.

(4) For the purposes of this regulation “the last employing authority” has the same meaning as in paragraph 1(2) of Schedule 3 to the 1971 Act, except that in its application to a pension which has become payable to or in respect of a person in relation to service with—

(a) a body specified in Schedule B4, which has entered into an admission agreement,

(b) a body employing persons deemed to be in employment by virtue of paragraph 5 or 6 of Schedule B3, or

it means that body.

(5) In this regulation “Water Act Company” means—

(a) a company nominated in accordance with section 4 of the Water Act 1989[^f00070] as the successor company of a water authority, or

(b) a company nominated by order under section 83(1) of that Act.

State scheme premiums

L20

(1) Where a LGPs employer pay a contributions equivalent premium, a transfer premium or a limited revaluation premium under section 55 of the Pension Schemes Act 1993 in respect of any member, they are entitled to recover, or if they are an administering authority to retain, out of the appropriate pension fund—

(a) in the case of a contributions equivalent premium, a sum not exceeding the amount of that premium, less the amount (if any) which they could recover or retain under section 61 of that Act in respect of the premium; and

(b) in the case of a transfer premium or a limited revaluation premium, the amount of the premium.

(2) Where a contributions equivalent premium is refunded under regulation 24(3)(c) of the Occupational Pension Schemes (Contracting-out) Regulations 1984[^f00071], the authority to whom it is refunded shall pay to the appropriate pension fund a sum equal to the amount of the premium.

Modifications of Part L as respects National Rivers Authority funds

L21

(1) In its application to the new main fund (within the meaning of the Local Government Superannuation (National Rivers Authority) Regulations 1993) this Part shall have effect with the following modifications.

(2) Omit regulations L3, L9, L10(3)(a)(ii) and L12 to L15.

(3) For regulation L11 substitute—

(L11) (1) The National Rivers Authority shall as soon as is reasonably practicable after obtaining a valuation under regulation L10 obtain from the same actuary a certificate specifying the amount by which in his opinion the assets of the fund exceed or, as the case may be, fall short of, the amount required to meet its existing and prospective liabilities. (2) Immediately the National Rivers Authority receive such a certificate they shall send a copy of it to the Secretary of State.

PART M — MISCELLANEOUS AND GENERAL PROVISIONS

Modification in special cases

Local government reorganisation

M1

Schedule M1 has effect as respects the application of these regulations to certain employees who have been affected by the operation of the Local Government Acts and other reorganisations effected by or under statutes.

Modifications of regulations in special cases

M2

Schedule M2 has effect for the purposes of modifying these regulations in their application in the cases there mentioned.

Modifications applying to certain City of London employees

M3

(1) These regulations apply to exiting contributors, with the substitution for paragraph 6 of Schedule M1 of the paragraph set out in Part I of Schedule M3.

(2) These regulations apply to both existing and former contributors—

(a) subject to the modifications in Part II of Schedule M3, and

(b) with the substitution for Schedule H1 to these regulations of the Schedule set out in Part III of Schedule M3.

(3) In this paragraph and that Schedule, unless the context otherwise requires, “existing contributor”, “former contributor”, and “the local Act superannuation provisions” have the same meaning as in the Local Government Superannuation (City of London) Regulations 1977[^f00072] .

Information and records

Information to be supplied by certain employees

M4

(1) Subject to paragraph (4)—

(a) within 3 months after a person becomes a member of the Scheme, and

(b) within 6 months after any change which is material for the purposes of these regulations occurs in or in relation to a person’s employment under a LGPS employer in relation to which he is a member of the Scheme,

the LGPS employer shall request the person in writing to provide them with the documents specified in paragraph (2).

(2) The documents mentioned in paragraph (1) are—

(a) a statement in writing of all the person’s previous periods of employment (whether by a LGPS employer or by any other person) and any national service and war service, and

(b) copies of all notifications previously given to him under these regulations, the 1986 regulations, the 1974 regulations, the Local Government Superannuation. (Administration) Regulations 1954[^f00073] or the Local Government Superannuation (Administration) Regulations 1938[^f00074].

(3) A request under paragraph (1) shall include a conspicuous statement—

(a) directing the member’s attention to the importance of this providing full and accurate information, and

(b) warning him that the omission or inaccuracy may prejudiced the ascertainment of his rights under these regulations.

(4) Paragraph (1) does not apply if the LGPS employer are satisfied that they, or the appropriate administering authority if different, already have a complete and accurate record of any previous service or employment which is material for the purposes of these regulations.

Records to be kept by authorities

M5

(1) A LGPS employer are to keep, in such form as they think fit, a record of—

(a) the name of, and

(b) all their decisions under regulation J2(1) in relation to,

each of their employees who is a member.

(2) An administering authority are to keep, in such form as they think fit, a record of—

(a) the name of, and

(b) all their decisions under regulation J2(2) of these regulations or regulation N4 of the 1986 regulations (was service) in relation to,

every member in relation to whom they are the appropriate administering authority.

Transmission of documents and information

M6

(1) A LGPS employer who are not an administering authority are to send the appropriate administering authority, as soon as is reasonably practicable—

(a) copies of all documents provided under regulation M4,

(b) copies of all notifications of decisions made under regulation J2(1) or J3(1),

(d) such other documents and information as he administering authority may reasonably require for the purpose of discharging their functions under these regulations.

(2) A LGPS employer who are not an administering authority—

(a) on receiving from a member or former member notice of his intended retirement, or

(b) on giving an employee who is a member or former member notice to terminate his employment in circumstances in which he may become entitled to a return of contributions or to a benefit payable out of the appropriate pension fund, or

shall, as soon as is reasonably practicable—

(i) inform the appropriate administering authority of the notice or, as the case may be, other circumstances,

(ii) send them particulars of the member’s or former member’s remuneration during the period that is relevant to a decision on the amount of the benefit that may become payable to or in respect of him, and

(iii) send them a copy of any relevant medical or death certificate and of any certificate issued by the body under paragraph 4 of Schedule D1 (reduction in remuneration).

(3) When an administering authority notify a person who is not in their employment of a decision under regulation J2(2), they shall send a copy of the notification to the body, if any, who are the employing authority in relation to that person.

Supplementary provisions

Right to opt out

M7

(1) Where—

(a) apart from this regulation, any provision of these regulations, which re-enacts with any modification any provision revoked by these regulations, would place any person to whom a relevant benefit is or may become payable in a worse position in relation to that benefit than that he would have been in if that modification had not been made, and

(b) that person so elects, by notice in writing given to the appropriate administering authority within the period of six months beginning with the commencement date,

then, subject to paragraph (3), these regulations shall have effect, in relation to him and to that benefit, as if these regulations had re-enacted the revoked provision without modification.

(2) In this regulation—

“relevant benefit” means a benefit payable to, or in respect of, a person who before the commencement date— ceased to hold an employment in respect of which he was a member (whether or not he has subsequently become a member again); or died while in such employment; and

“benefit” includes a return of contributions and any pension payable to a widow, widower or any dependant by virtue of a surrender.

(3) If an election under paragraph (1) is made in relation to a benefit in respect of a person who is a member, or subsequently becomes a member again—

(a) the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue—

(i) of periods of membership before the cessation referred to in paragraph (2)(a) (or, if there has been more than one such cessation, the last of them before the commencement date); or

(ii) of contributions paid in respect of such periods of membership; and

(b) in determining entitlement to, or the amount of, the benefit to that extent, he shall be treated as if he had never become a member again at any time after the cessation referred to in paragraph (2)(a) (but without prejudice to the application of this paragraph);

and these regulations shall have effect accordingly.

Transitional and transitory provisions

M8

(1) Schedule M4 has effect for the purpose of making transitional provision and savings consequential on the making of these regulations.

(2) Nothing in that Schedule affects the general operation of sections 16 and 17 of the Interpretation Act 1978[^f00075] (as applied by section 23 of that Act).

Revocations

M9

The subordinate legislation specified in Schedule M5 is revoked to the extent specified in the third column (but subject to the provisions in Schedule C6 and the savings in Schedule M4).

Consequential amendments

M10

The subordinate legislation specified in Schedule M6 has effect subject to the amendments there specified (which are consequential on the making of these regulations).

Applications to Isles of Scilly

M11

These regulations apply to the Isles of Scilly as if the Isles of Scilly were a district in the county of Cornwall and the Isles of Scilly were the council of that district.

SCHEDULE A1 — GENERAL DEFINITIONS

“The Act of 1922” means the Local Government and other Officers' Superannuation Act 1922[^f00076];

“The Act of 1937” means the Local Government Superannuation Act 1937[^f00077]

“The Act of 1953” means the Local Government Superannuation Act 1953[^f00078];

“The Acts of 1937 to 1953” means the Local Government Superannuation Acts 1937 to 1953[^f00079];

“The 1974 regulations” means the Local Government Superannuation Regulation 1974[^f00080];

“The 1986 regulations” means the Local Government Superannuation Regulation 1986[^f00081];

“Actuary” means a Fellow of the Institute of Actuaries or of the Family of Actuaries;

“Added period payment” means a payment made for the purposes of regulation C9 of these regulations, regulation C5 or C6 of the 1986 regulations, regulation D10 of the 1974 regulations, or section 2(1) of the Act of 1953 or any similar provision contained in a local Act scheme;

“Added years” means an additional period which a person has become entitled to count as membership by virtue of— paragraph 2(b) of Schedule C6 so far as it applies to the payments mentioned in paragraph 1(4) of that Schedule; regulation D6(2) of the 1986 regulations; regulation D10 of the 1974 regulations; regulation 12 of the Benefits regulations; regulation 5 of the Local Government Superannuation (Reckoning of Service on Transfer) Regulations 1954[^f00082]; regulation 15(2)(b) of the Local Government Superannuation (England and Scotland) Regulation 1948 to 1954[^f00083]; or any similar provision of a local Act scheme;

“Additional contributory payment” means a payment made under— paragraph 1(3) of Schedule C6 as it applies in relation to the payments mentioned in paragraph 1(4) of that Schedule; regulation D6 or D7 of the 1974 regulations or regulation C9(2) of the 1986 regulations; section 2(3) of the Act of 1953 as originally enacted or as having effect as mentioned in regulation A2(2)(c) of the 1986 regulations; the Act of 1937 as originally enacted, the Act of 1922 or a local Act scheme, (being a payment made as a condition of being entitled to reckon any service either as service generally or as service of a particular character); or proviso (ii) to section 8(2)(b) of the Act of 1937;

“Additional voluntary contributions provision” and “Additional voluntary contributions scheme” have the meanings given in regulation C24;

“Administering authority” means a body required to maintain a pension fund under these regulations;

“Admission agreement” has the meaning given in regulation B7;

“Admission agreement employee” has the meaning given in regulation B7(3);

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

“Appropriate personal pension scheme” means a personal pension scheme for which there is in force a certificate issued in accordance with regulations made under section 7 of the Pension Schemes Act 1993[^f00084];

“Appropriate policy” means a policy of insurance or annuity contract which provides an annuity which satisfies requirements prescribed under section 95(2(c) of the Pension Schemes Act 1993;

“Appropriate pension fund” has the meaning given in regulation C1;

“Approved non-local government employment” means employment in which a person participates in an approved non-local government scheme;

“Approved non-local government scheme” means a non-local government scheme— which is approved under Part XIV of the Income and Corporation Taxes Act 1988[^f00085]; or which is approved by the Commissioners of Inland Revenue for the purposes of these regulations;

“Base rate” means the base rate for the time being quoted by the reference banks or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence;

“The Benefits regulations” means the Local Government Superannuation (Benefits) Regulations 1954 and 1955[^f00086];

“Child” has the meaning given in regulation G1;

“The commencement date” has the meaning given in regulation A1;

“The Common Council” means the Common Council of the City of London;

“Company under the control of a body described in Part I of Schedule B1” has the same meaning as in section 68 or, as the case may be, section 73 of the Local Government and Housing Act 1989[^f00087] (except that any direction given by the Secretary of State shall be disregarded, and any references to a local authority treated as references to such a body);

“Contracted-out employment” has the same meaning as in the Pension Schemes Act 1993 and “contracted-out”, in relation to a scheme, shall be construed in accordance with that Act;

“The contractual hours” has the meaning given in regulation B3(4);

“The contractual weeks” has the meaning given in regulation B3(4);

“Contributory employee” means a person who was entitled to participate in the benefits of a superannuation fund maintained under Part I of the Act of 1937;

“Death grant” means a death grant payable under Part E;

“Designated institution” means an institution designated under section 129 of the Education Reform Act 1988[^f00088] or section 28 of the Further and Higher Education Act 1992[^f00089];

“Disqualifying break of service” means a continuous period of 12 months or longer during no part of which was the person concerned a member, a pensionable employee, contributory employee or local Act contributor;

“Earnings factors” means the earnings factors referred to in section 14 of the Pension Schemes Act 1993;

“Eligible child” has the meaning given in regulation G2;

“Employee” has the meaning given in regulation B1(2);

“Employer’s contribution” means a sum payable under regulation L12(1);

“Employing authority” has the meaning given in regulation B16;

“Employment” shall be construed as including office;

“Enactment” shall be construed as including any instrument made under an Act;

“Equivalent pension benefits” has the meaning given by section 57(1) of the National Insurance Act 1965[^f00090];

“Fees” includes other payments in the nature of fees;

“Former local authority” means a body, other than a LGPS employer, who were a local authority within the meaning of the Act 1937 as originally enacted;

“The former regulations” means— those of the enactments and instruments referred to in paragraph 5(1) of Schedule 7 to the Superannuation Act 1972[^f00091] and applying to England and Wales that were in force immediately before 1st April 1974, the Local Government Superannuation (Miscellaneous Provisions) Regulations 1973[^f00092], and the Local Government Superannuation (Miscellaneous Provisions) (No. 2) Regulations 1973[^f00093];

“Further education corporation” means a body corporate established under section 15 or 16 of the Further and Higher Education Act 1992 or in respect of which an order has been made under section 47 of that Act;

“Grant-maintained school” means a school which the Secretary of State has a duty to maintain under section 52 of the Education Reform Act 1988;

“Guaranteed minimum” has the same meaning as in the Pension Schemes Act 1993;

“Higher education corporation” means a body corporate established under section 121 or 122 of the Education Reform Act 1988 or in respect of which an order has been made under section 122A of that Act;

“Ill-health retirement grant” has the meaning given in regulation D8;

“Inner London area” has the same meaning as in section 2 of the Justices of the Peace Act 1979[^f00094];

“The Insurance Acts” means the National Insurance Act 1965 to 1973[^f00095];

“Insurance code” means the National Insurance Act 1965, the Northern Ireland Act or the Isle of Man Act;

“Interchange rules” means rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948[^f00096] (pensions of persons transferring to different employment) and any similar instrument made, or having effect as if made, under any other Act which makes similar provision;

“The Isle of Man Act” means the National Insurance (Isle of Man) Act 1961 (an Act of Tynwald);

“Judicially separated” means judicially separated in circumstances in which the husband is not required by the order of any competent court to contribute to the support of his wife;

“Justices' clerk (inner London area)” means a person who, under section 24D, 25 or 34B of the Justices of the Peace Act 1979, has been or is deemed to have been appointed by the magistrates' courts committee for the inner London area or the inner London magistrates' courts committee to be a justices' chief executive or, as the case may be, a justices' clerk;

“Justices' clerk (outside the inner London area)” means a person who, under section 24D or 25 of the Justices of the Peace Act 1979, has been or is deemed to have been appointed by a magistrates' courts committee (other than the committee for the inner London area) to be a justices' chief executive or, as the case may be, a justices' clerk;

“Latest retirement age” and “LRD” have the meanings given in regulation B2;

“LGPS employer” has the meaning given in regulation B1 (and must be construed in accordance with regulation B7(3));

“Local Act contributor” means a person who was entitled to participate in the benefits of a superannuation fund maintained under a local Act scheme;

“Local Act scheme” has the meaning given in regulation K1;

“Local authority” has the same meaning as in the Local Government Act 1972[^f00097];

“Local education authority” has the same meaning as in the Education Act 1944[^f00098];

“Local government employment” means— in relation to any time before 1st April 1974, employment by virtue of which the person employed was, or is deemed to have been, a contributory employee or a local Act contributor, and in relation to any time after 31st March 1974, means employment by virtue of which the person employed is or has been, or is or has been deemed to be a member of the Scheme, or a pensionable employee (within the meaning of the 1986 regulations) or a local Act contributor;

“Manual worker” has the same meaning as in regulation C4(2);

“Member” shall be construed in accordance with Part B;

“National Rivers Authority” has the same meaning as in the Water Act 1989[^f00099];

“Non-local government scheme” means an occupational pension scheme or other arrangements for superannuation, not being— a local Act scheme; or an occupational pension scheme provided— in the Acts of 1937 to 1953 and the regulations made under those Acts, or in the Local Government Superannuation (Scotland) Acts 1937 to 1953[^f00100] and the regulations made under those Acts, or in regulations under section 7 of the Superannuation Act 1972,

“Non-participating employment” has the same meaning as in section 56(1) of the National Insurance Act 1965;

“Normal retirement age” and “NRD” have the meanings given in regulation C3(1);

“The Northern Ireland Act” means the National Insurance Act (Northern Ireland) 1959[^f00101];

“Occupational pension scheme” means an occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 other than— a retirement benefits scheme (as defined in section 611 of the Income and Corporation Taxes Act 1988[^f00102]) which is not of a description mentioned in section 596(1)(a), (b) or (c) of that Act, an additional voluntary contributions scheme, an appropriate policy, a personal pension scheme, or a self-employed pension arrangement;

“Officer” has the same meaning as in regulation C4(2);

“Part-time employee” has the meaning given in regulation B3(3) and “part-time” shall be construed accordingly;

“Passenger transport authority; means a metropolitan county passenger transport authority established by section 28 of the Local Government Act 1985[^f00103];”

“Passenger transport executive” means the Executive for a designated area within section 9(1) of the Transport Act 1968[^f00104];

“Payment in lieu of contributions” means a payment made in lieu of contributions under Part III of the National Insurance Act 1965;

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