To:

From: Keith Bloomfield

Local Government and Firefighters’ Pensions Schemes Division

Office of the Deputy Prime Minister

Zone 2/F6

Ashdown House

123 Victoria Street

LONDON SW1E 6DE

Direct Line: 020 7944 6002

Divisional Enquires: 020 7944 4730

Fax: 020 7944 6019

GTN No: 3533 6002

Email: [email protected]

Web Site: www.odpm.gov.uk

Dear Sir/Madam,

THE LOCAL GOVERNMENT (CIVIL PARTNERSHIP) (AMENDMENT) (ENGLAND AND WALES) REGULATIONS 2005

With Ministers’ agreement, I enclose a copy of the above regulations which come into force on 5 December 2005 and amend:

• The Local Government Pension Scheme Regulations 1997
• The Local Government Pension Scheme (Transitional Provisions) Regulations 1997
• The Local Government (Discretionary Payments) Regulations 1996
• The Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations 2000.

The new regulations make the necessary amendments to implement the survivor pension provisions of the Civil Partnership Act 2004.

Background

With effect from 5 December 2005, the Civil Partnership Act 2004 will allow same-sex partners to register a civil partnership.  Among the rights given to civil partners will be an entitlement to survivor pension benefits from their partner’s occupational pension scheme.

Effect of the Regulations

Statutory consultation was carried out on 21 July 2005 on draft regulations amending the Local Government Pension Scheme and the related regulations set out above.  The final regulations are substantially the same as those set out in the draft; but a number of technical amendments have been made to the draft regulations where necessary in response to points arising from the consultation process.

There are no changes to the broad principles set out in the consultation letter.  The surviving civil partner of a deceased LGPS member will be entitled to pension benefits, on the same basis and calculated in the same way as a spouse’s benefits, but taking account only of the member’s membership accrued after 5 April 1988.  The provisions apply in respect of deferred and pensioner members with membership after that date, as well as active members.  Minor changes have been made to the draft regulations (including backdating the effect of amendments to the 1997 regulations) to ensure they achieve this intention.

Survivor benefits will also be payable in respect of:

• a credited period (“added years”) awarded after 5 April 1988 (under what are now the 2000 regulations); and
• a gratuity awarded by way of an annuity after 5 April 1988, where the criteria for a spouse’s benefit are met (1996 regulations).

Death grants will be payable to the civil partner of a member who dies from a work-related injury or disease (the 1996 regulations).

Membership before 6 April 1988

The statutory consultation on 21 July 2005 sought the views of interested parties on whether a future facility would be welcomed which would allow an active member to count a period of membership between 1 April 1972 and 5 April 1988 for the purpose of calculating a civil partner’s benefit.  A number of views were expressed on the principle and on where costs should lie.  As explained in the consultation, such an extension of the provisions would go beyond the primary legislation which these regulations are intended to implement, but the issues and views expressed will be considered as part of the future development of the LGPS.

Explanatory Memorandum

The Stationery Office now publish an Explanatory Memorandum alongside new Regulations.  The Memorandum briefly describes a Statutory Instrument and its purpose, and is prepared for the information of Parliamentary Committees which examine proposed regulations. [1]   The Explanatory Memorandum for these Regulations can be found in the statutory instruments section of the Stationery Office website at www.legislation.hmso.gov.uk

Enquiries

Any queries on these Regulations should be addressed to Philip Perry, Local Government Pensions Division, ODPM, Zone 2/E5, Ashdown House, 123 Victoria Street, London, SW1E 6DE.  Electronic enquiries can be sent to [email protected]

Yours faithfully

K A BLOOMFIELD

ADDRESSEES

The Chief Executive of:

            County Councils (England)

            District Councils (England)

            Metropolitan Borough Councils (England)

            Unitary Councils (England)

            County and County Borough Councils in Wales

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            South Yorkshire Pension Authority

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            Environment Agency

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            National Probation Service for England and Wales

Town Clerk, City Of London Corporation

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Clerk, West Midlands PTA

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            Local Government Association

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