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S T A T U T O R Y I N S T R U M E N T S
2001 No.
PENSIONS, ENGLAND AND WALES
The Local Government Pension Scheme (Miscellaneous)
Regulations 2001
Made....................................... 2001
Laid before Parliament..................... 2001
Coming into force.......................... 2001
The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of the Superannuation Act 1972() and of all other powers enabling him in that behalf, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations: -
Citation and commencement
1. - (1) These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous) Regulations 2001.
(2) These Regulations shall come into force on 1st April 2001 but-
(a) regulations 5, 7, 8 and 16(e) shall have effect from 1st April 1998;
(b) regulations 4, 6 and 16(f) shall have effect from 15th December 1999;
(c) sub-paragraph (a) of regulation 3 shall have effect from 17th July 2000;
(d) sub-paragraph (b) of regulation 3 and paragraphs (i) and (ii) of sub-paragraph (a) of regulation 12 shall have effect from 1st January 2001; and
(e) regulations 17(c) and 18(b) shall have effect from 2001.
Amendment of Regulations
2. The Local Government Pension Scheme Regulations 1997() shall be amended in accordance with regulations 3 to 18 of these Regulations.
General eligibility for membership: employees of Scheme employers etc.
3. In regulation 4(6)()-
(a) after sub-paragraph (m), add-
"(n) the National College for School Leadership"();
(b) after sub-paragraph (n), add-
"(o) the Greater London Magistrates Courts Authority"(); and
(c) after sub-paragraph (o), add-
"(p) the Children and Family Court Advisory Service"().
Periods of membership
4. In regulation 9, after paragraph (6), add the following-
"(7) Periods of membership before and after any unpaid period of maternity absence or unpaid period of parental leave in respect of which the member does not pay any contributions shall be treated as continuous.".
Obligatory contributions during absence
5. In regulation 17-
"(3A) If a person who is a member or has applied to be a member is, on or after 19th October 1994, -
for these Regulations she shall be treated as if she had paid contributions under paragraph (2) for the unpaid period of that ordinary maternity leave.".
Optional contributions during absences
6. In regulation 18(2)-
Final pay
7. In regulation 21, after paragraph (6), insert the following-
"(6A) For the purposes of this Chapter, a member's pay for any period of maternity absence during the final pay period in respect of which she pays or is treated as paying contributions is the pay she would have received had she not been absent.".
Employer’s contributions
8. In regulation 79, add the following-
"(6) Where an employee-
the pay on which the common percentage is calculated is the pay the employee would have received if she had not been absent.".
First instance decisions
9. In regulation 97(14) ()-
(a) delete "and" at the end of sub-paragraph (a); and
(b) at the end, add-
"and
(c) a registered medical practitioner is not independent if-
(i) he is an employee of the Scheme employer or the appropriate administering authority;
(ii) he is contracted to provide medical services to the Scheme employer or the appropriate administering authority other than for the purposes of this regulation; or
(iii) he has previously been involved in connection with the case the subject of the decision.".
Eligibility for active membership: employees etc. of non-Scheme employers
10. In regulation 127(6) at the end add "or, since 1st April 2001, by the Greater London Magistrates Court Authority".
Supplementary provisions about employees within regulation 127
11. In regulation 128, delete paragraph (6).
Further cases of eligibility: non-employees
12. In regulation 131-
(a) in paragraph (2)-
(i) in sub-paragraph (d), for "(outside the inner London area)" substitute "who is within a class of employees specified in a relevant resolution"; and
(ii) at the end, add-
"(h) a chief officer of a National Probation Service local board";
(b) in paragraph (7), after "magistrates’ courts committee by which he was appointed or is deemed to have been appointed" insert "or, in the case of a justices’ clerk appointed or deemed to have been appointed by the Greater London Magistrates Courts Authority, that Authority"; and
(c) after paragraph (14), add-
"(15) A person who is appointed as a chief officer of a National Probation Service local board must be treated as being in employment with that board.".
Members employed by magistrates’ courts committees
13. In regulation 133-
(a) in paragraph (1), for "(outside the inner London area) who is employed by a magistrates’ courts committee" substitute "who is employed by a magistrates’ courts committee other than the Greater London Magistrates' Court Authority"; and
(b) in paragraph (2), after "magistrates’ courts committee" insert "other than the Greater London Magistrates' Court Authority".
Justices’ clerks employed by the Greater London Magistrates Court Authority
14. For regulation 134 and the heading, substitute-
"Justices’ clerks employed by
134. -(1) These Regulations apply with the modifications in paragraphs (2) to (6) to a member who is a justices' clerk for any part of Greater London.
(2) For regulation 6(3) (latest retirement age), substitute-
"(3) A person may not become an active member after-
(b) any earlier day after his 65th birthday when his total membership equals his permitted maximum.";
(3) In regulation 9(1A)() (periods of membership), for "65th birthday" and "65" substitute "70th birthday" and "70" respectively.
(4) In regulations 20(4A) (in both places) (calculations), 25A(1)() (normal retirement) and 27(5) (ill-health), for "65th birthday" substitute "70th birthday".
(5) In regulation 28(3) (enhanced membership period in cases of ill-health), regulation 52(2)(c) (power of employing authority to increase total membership on redundancy etc.) and paragraph 8(2)(b) of Schedule 4 (maximum addition under regulations 53 and 55), for "65" substitute "70".
(6) In regulation 38(5A)() (death grants), for "65th birthday" substitute "70th birthday".
Employees of National Probation Service local boards
15. For regulation 136 and its heading, substitute-
"Employees of National Probation Service local boards
136. -(1) These Regulations apply to a person employed by a National Probation Service local board with the following modifications.
(2) In the application of regulation 11 (length of period of membership) to part-time service as a probation officer, instead of the fraction mentioned in paragraph (4) of that regulation, the appropriate fraction for each year of part-time service is the fraction-
(a) of which the numerator is the pay received by him in the year, and
(b) the denominator is the mean of the annual salary scale applicable to probation officers in respect of that year.
(3) For any year of part-time service before 1st April 1965, paragraph (2) applies as if the mean of the annual salary scale applicable to probation officers in respect of that year was £620 for male officers and £555 for female officers.
(4) Separate calculations must be made for each year of part-time service (and the calculation must be adjusted appropriately for periods of part-time service of less than a year).
(5) In the application of regulation 28(5) (enhanced membership periods in cases of ill-health) the appropriate fraction is the fraction specified in paragraph (2).".
Schedule 1: Interpretation
16. In Schedule 1 (definitions)-
(a) in the definition of "City of London employing body", delete paragraphs (b) and (c);
(b) for the definition of "inner London area", substitute-
""inner London area" means the area of the inner London boroughs";
(c) for the definitions of "justices’ clerk (inner London area)" and "justices’ clerk (outside the inner London area)", substitute-
""justices’ clerk" means a person who, under sections 40 or 42 of the Justices of the Peace Act 1997() has been or is deemed to have been appointed by a magistrates’ court committee or, in the case of the Greater London area, the Greater London Magistrates Court Authority, to be a justices’ chief executive or, as the case may be, a justices’ clerk;";
(d) after the definition of ""Money purchase benefits", insert-
"National Probation Service local board" means a board established under section 4 of the Criminal Justice and Court Services Act 2000()
(e) after the definition "Official pension", insert-
""Ordinary maternity leave" means, in respect of periods prior to 22nd August 1996, leave under section 33 of the Employment Protection Consolidation Act 1978() and for any period commencing on or after 22nd August 1996, leave under section 71 of the Employment Rights Act 1996()";
(f) after the definition "Ordinary maternity leave", insert-
""Parental leave" means leave under regulation 13(1) of the Maternity and Parental Leave etc. Regulations 1999();".
(g) delete the definition of "probation committee";
(h) for the definition of "probation officer" substitute
""Probation officer" means a member of staff of a National Probation Service local board appointed to exercise the functions of an officer of the board but not any individual exercising the functions of an officer of a local board by virtue of section 5(2) of the Criminal Justice and Court Services Act 2000".
Schedule 2: Scheme employers
17. In Schedule 2-
(a) for "a police authority within the meaning of the Police Act 1964" substitute "A police authority within the meaning of the Police Act 1996()";
(b) for "A probation committee" substitute "A National Probation Service local board"; and
(c) at the end, add "the Standards Board for England"().
Schedule 5: Appropriate funds
18. In Schedule 5-
(a) in paragraph 1 of the Notes to the Table in Part I-
(i) in sub-paragraph (4)(b), for the wording of sub-paragraph (i) substitute "the National Probation Service local board for the area comprising the Metropolitan Police District and the City of London Police Area";
(ii) in sub-paragraph (5)(e), delete "or";
(iii) after sub-paragraph (5)(f), add-
" (g) the Greater London Magistrates' Court Authority"; and
(iii) after sub-paragraph (5)(g), add-
"(h) the Children and Family Court Advisory and Support Service"; and
(b) in the Table in Part II, add at the end -
"6. The Standards Board for England Fund maintained by .".
The Local Government Pension Scheme (Pension Sharing on Divorce) Regulations 2000
19. In paragraph 8(c) of the Schedule to the Local Government Pension Scheme (Pension Sharing on Divorce) Regulations 2000(), for "(13)" substitute "(14)" and for "(14)" substitute "(15)".
Signed by authority of the Secretary of State
2001
Minister of State
Department of the Environment, Transport and the Regions