This version includes all amendments to the LGPS Regulations 2013 up to and including those made through Statutory Instrument 2014 No. 1146.

Updates made through this Statutory Instrument are highlighted red, and a list of the amendments made by this Instrument can be found here.

A clean version of the current LGPS Regulations 2013 including all changes made by amending regulations is available here.

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STATUTORY INSTRUMENTS
2013 No. 2356 [As last amended by SI 2014 No. 1146]

PUBLIC SECTOR PENSIONS, ENGLAND AND WALES

The Local Government Pension Scheme Regulations 2013

Made ---- 12th September 2013

Laid before Parliament 19th September 2013

Coming into force in accordance with regulation 1

Contents

PART 1

Membership, contributions and benefits

Preliminary Provisions

1. Citation, commencement and extent

2. Introductory

Membership

3. Active membership

3A. Civil servants etc engaged in probation provision

4. Restriction on eligibility for active membership

5. Ending active membership

6. Deferred and deferred pensioner members

7. Pensioner members

8. Pension credit and survivor members

Contributions

9. Contributions

10. Temporary reduction in contributions

11. Contributions during absence from work

12. Contributions during child-related leave

13. Contributions during reserve forces service leave

14. Contributions during absence for illness etc

15. Employer contributions during absences

16. Additional pension contributions

17. Additional voluntary contributions

18. Rights to return of contributions

19. Exclusion of rights to return of contributions

20. Meaning of pensionable pay

21. Assumed pensionable pay

Pension accounts

22. Pension accounts

23. Active member’s pension accounts

24. Deferred member’s pension account and deferred refund account

25. Retirement pension accounts : active members

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

27. Flexible retirement pension accounts

28. Deferred pensioner member accounts

29. Pension credit accounts

Benefits

30. Retirement benefits

31. Award of additional pension

32. Commencement of pensions

33. Election for lump sum instead of pension

34. Commutation and small pensions

Ill-health retirement

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

36. Role of the IRMP

37. Special provision in respect of members receiving Tier 3 benefits

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

39. Calculation of ill-health pension amounts

Survivor benefits

40. Death grants: active members

41. Survivor benefits: partners of active members

42. Survivor benefits: children of active members

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

44. Survivor benefits: partners of deferred members and deferred pensioner members

45. Survivor benefits: children of deferred members

46. Death grants : pensioner members

47. Survivor benefits : partners of pensioner members

48. Survivor benefits: children of pensioner members

Adjustments of benefits

49. No double entitlement

50. Limit on total amount of benefits

51. Guaranteed minimum pensions

52. Pension debits

PART 2

Administration

Administering authorities

53. Scheme managers

54. Admission agreement funds

55. Administering authorities: governance compliance statement

56. Accounts and audit

Strategies, statements and reports

57. Pension fund annual report

58. Funding strategy statement

59. Pension administration strategy

60. Statements of policy about exercise of discretionary functions

61. Statements of policy concerning communications with members and Scheme employers

Actuarial valuations

62. Actuarial valuations of pension funds

63. Aggregate Scheme costs

64. Special circumstances where revised actuarial valuations and certificates must be obtained

65. Aggregate Scheme costs: revised certificates

66. Supply of copies of valuations, certificates etc

Payments

67. Employer’s contributions

68. Employer’s further payments

69. Payment by Scheme employers to administering authorities

70. Additional costs arising from Scheme employer’s level of performance

71. Interest on late payments by Scheme employers

Decisions

72. First instance decisions

73. Notification of first instance decisions

74. Applications for adjudication of disagreements

75. Decisions of the adjudicator

76. Reference of adjudications to administering authority

77. Decisions of the administering authority on reconsideration

78. Rights of representation

79. Appeals by administering authorities

80. Exchange of information

81. Interest on late payment of certain benefits

82. Payments due in respect of deceased persons

83. Payments for persons incapable of managing their affairs

84. Non-assignability

85. Deduction and recovery of member’s contributions

86. Joint liability in respect of annual allowance charge

87. Tax

88. Pension increase under the Pensions Schemes Act 1993

89. Annual benefit statements

90. Information to be supplied by employees

Forfeiture

91. Forfeiture of pension rights after conviction for employment-related offences

92. Interim payments directions

93. Recovery or retention where former member has misconduct obligation

94. Adjustment of accounts following forfeiture etc

95. Protection of guaranteed minimum pension rights

Transfers

96. Rights to payment out of pension fund

97. Contracting-out requirements affecting transfers out

98. Bulk transfer (transfers of undertakings etc)

99. Calculation of amount of transfer payment

100. Inward transfers of pension rights

101. Effect of acceptance of transfer value

102. EU scheme transfers

103. Changes of administering authority

104. Change of administering authority in connection with probation service arrangements

SCHEDULES

SCHEDULE 1 — Interpretation

SCHEDULE 2 — Scheme employers

PART 1

PART 2

PART 3

PART 4

SCHEDULE 3 — Pension funds

PART 1

PART 2

These Regulations are made in exercise of the powers conferred by sections 7 and 12 of, and Schedule 3 to the Superannuation Act 1972 (a).

In accordance with section 7(5) of that Act, the Secretary of State consulted such associations of local authorities as appeared to the Secretary of State to be concerned; the local authorities with whom consultation appeared to the Secretary of State to be desirable; and such representatives of other persons likely to be affected by the Regulations as appeared to the Secretary of State to be appropriate.

The Secretary of State makes the following Regulations: