STATUTORY INSTRUMENTS
2003 No.
PENSIONS, ENGLAND AND WALES
The Local Government Pension Scheme (England and Wales) (Amendment) Regulations 2003
Made
Laid before Parliament
Coming into force
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, commencement and extent
1. - (1) The Regulations may be cited as the Local Government Pension Scheme (England and Wales) (Amendment) Regulations 2003.
(2) These Regulations shall come into force on ______________ 2003, but shall have effect from 6th April 2003.
(3) These Regulations extend only to England and Wales.
Amendment of Regulations
2. The Local Government Scheme Pension Regulations 1997 shall be amended in accordance with Schedule 1 to these Regulations.
Signed by the authority of the Secretary of State
___________________________________
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
_____________
Schedule 1
Regulation 2
| Regulations | Amendment |
| 9(7), 18(2) | After each occurrence of "maternity" insert "or adoption". |
| 17(2), 21(6A), 55(9), 79(6) | After each occurrence of "maternity" insert ", paternity or adoption". |
| 17(2), 17(3A), 18(2), 21(6A), 79(6) | For "she" substitute "he" in each place where it appears. |
| 17(2), 17(3A), 18(2) | For "to her" substitute "to him" in each place where it appears and for all other occurrences of the word "her" substitute "his". |
| 17(3A) | After both occurrences of "ordinary maternity leave" insert ", ordinary adoption leave or paternity leave" and after "statutory maternity" insert ", paternity or adoption". |
| Schedule 1 | (1) Before "Ordinary maternity leave" insert ""Ordinary adoption leave" means leave under section 75A of the Employment Rights Act 1996;"; (2) Before "Payment in lieu of contributions" insert ""Paternity leave" means leave under regulations 4 or 8 of the Paternity and Adoption Leave Regulations 2002; " ; and (3) For the words ""Period of maternity absence"" to "return to work" substitute ""Period of maternity, paternity or adoption absence" means any period throughout which a member is absent from duty because he is exercising his right to take maternity, paternity or adoption leave in accordance with sections 71, 73, 75A or 75B of the Employment Rights Act 1996 or regulations 4 or 8 of the Paternity and Adoption Leave Regulations 2002;". |
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These Regulations amend the Local Government Pension Scheme Regulations 1997 ("the principal regulations") so as to take account of new entitlements to paternity and adoption leave provided for by the Employment Act 2002 that take effect as from 6th April 2003.
Regulation 17(2) of the principal regulations is amended so that members of the scheme
taking paternity or ordinary adoption leave who are in receipt of pay (including statutory
paternity or adoption pay) will be obliged to make contributions to the Scheme on that
pay.
Regulation 17(3A) of the principal regulations is amended so that members of the scheme taking paternity or ordinary adoption leave who are not in receipt of pay will be treated during the paternity or ordinary adoption leave period as if they had paid contributions.
Regulation 79(6) of the principal regulations is amended so that Scheme employers will also have to make contributions to the pension fund on behalf of the member taking paternity or ordinary adoption leave as if they were not absent from work.
Regulation 18(2) of the principal regulations is amended so that those members of the scheme taking additional adoption leave can opt whether or not to pay contributions during the additional leave period. Under the amended regulation 9(7) of the principal regulations, if they choose not to pay contributions, then the period of additional leave will not count for membership purposes, although the periods of employment before and after the additional leave will be treated as continuous.
Regulation 21(6A) of the principal regulations is amended so that in calculating final pay, a member’s pay for any period of paternity or adoption leave during the final pay period will be treated as if the member had paid the contributions that would have been paid had he not been absent.
Further, regulation 55(9) of the principal regulations is amended so that where a member elects to make an additional contribution, a reduction in pay as a result of periods of paternity or adoption leave taken during the interval at the end of which the additional contribution falls to be paid, will be taken into account when assessing the amount of the additional contribution.
Consequential amendments are also made to Schedule 1 to the principal regulations to define ordinary adoption and paternity leave and periods of paternity or adoption absence.