Statutory Instrument 2003 No. 2249
The Local Government Pension Scheme (Amendment) Regulations 2003
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STATUTORY INSTRUMENTS
2003 No. 2249
PENSIONS, ENGLAND AND WALES
The Local Government Pension Scheme (Amendment) Regulations 2003
|
Made |
1st September 2003 |
|
|
Laid before Parliament |
8th September 2003 |
|
|
Coming into force |
1st October 2003 |
|
The Secretary of State, in exercise of the powers conferred on him by sections 7 and 12 of
the Superannuation Act 1972[1] 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) These Regulations may be
cited as the Local Government Pension Scheme (Amendment) Regulations 2003.
(2) These Regulations shall come into force on 1st October 2003,
but regulation 2 shall have effect from 8th December 2002.
(3) In these Regulations, "the principal Regulations"
means the Local Government Pension Scheme Regulations 1997[2].
(4) These Regulations extend only to England and Wales[3].
Paternity and adoption
2. The principal Regulations shall be amended
in accordance with the Schedule to these Regulations.
Councillor members
3. In paragraph 4 of Schedule 8[4]
to the principal Regulations, in paragraph (6) of the substituted regulation 13 (meaning
of "pay"), for the words "the coming into force of these Regulations"
substitute the date "1st May 2003".
Signed by the authority of the Secretary of State
Phil Hope
Parliamentary Under Secretary of State, Office of the Deputy Prime Minister
1st September 2003
SCHEDULERegulation 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(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[5];";
(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[6];"; 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[7]
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") which constitute the Local Government Pension Scheme
("the Scheme").
Regulation 2 takes effect from a date before the Regulations come into force. Section 12
of the Superannuation Act 1972 provides that regulations made under section 7 of that Act
may have retrospective effect. Regulation 2 amends the principal Regulations so as to take
account of the new entitlements to paternity and adoption leave provided for by the
Employment Act 2002 that came into force on 8th December 2002. Accordingly, the principal
Regulations are amended with effect from that date as follows -
- Regulation 17(2) 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) 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) 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) 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), 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) is amended so that in calculating final pay, a member's pay for any
period of paternity or adoption leave in respect of which contributions are paid or are
treated as being paid will be treated as if the member had paid the contributions that
would have been paid had he not been absent.
- Regulation 55(9) 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 define ordinary adoption and
paternity leave and period of paternity or adoption absence.
Regulation 3 substitutes the date "1st May 2003" for an incorrect reference
to the principal Regulations made in paragraph 4 of Schedule 8 to the principal
Regulations. Schedule 8 sets out modifications to the principal Regulations as they apply
to members of the Scheme who are such by reason of being councillors of a local authority
in England. Schedule 8 was added by the Local Government Pension Scheme and Discretionary
Compensation (Local Authority Members in England) Regulations 2003.
Notes:
[1] 1972 c. 11; section 12 was amended by section 10 of the Pensions
(Miscellaneous Provisions) Act 1990 (1990 c. 7).back
[2] S.I. 1997/1612; relevant amending instruments are S.I. 2001/1481,
2003/1022.back
[3] The Secretary of State's functions under section 7 of the
Superannuation Act 1972 in so far as they were exercisable in relation to Scotland were
devolved to Scottish Ministers by section 63 of the Scotland Act 1998 (1998 c. 46) and
article 2 of, and Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to the
Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).back
[4] Schedule 8 was added to the Local Government Pension Scheme
Regulations 1997 by S.I. 2003/1022.back
[5] 1996 c. 18, as inserted by section 3 of the Employment Act 2002
(2002 c. 22).back
[6] S.I. 2002/2788.back
[7] Section 75B was inserted by section 3 of the Employment Act 2002.back
ISBN 0 11 047439 2
