The Local Government Pension Scheme (Miscellaneous) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend or make certain provisions in connection with the Local Government Pension Scheme which is an occupation pension scheme established under regulations made under section 7 of the Superannuation Act 1972.

Regulations 2 amends the Local Government Pension Scheme (Her Majesty’s Chief Inspector of Schools in England) (Transfers) Regulations 2001 by extending the period within which information must be given to members and the date by which a member must agree if a transfer is to be made in accordance with regulation 3 of those Regulations.

Regulation 3 amends regulation 6 of the Local Government Pension Scheme Regulations 1997 to allow persons to remain members of the Local Government Pension Scheme after the transfer of their employment to a Care Trust, in which employment they are entitled to membership of the National Health Service Pension Scheme for England and Wales.

Regulation 4 makes provision for the calculation and payment of transfer payments for active members of the Local Government Pension Scheme who transfer on 1st April 2002 from local government employment to employment with the Care Standards Inspectorate for Wales, a division of the National Assembly for Wales, as a consequence of the provisions of section 79 of the Care Standards Act 2000 (child minding and day care). The regulation makes provision for members who transfer from the Local Government Pension Scheme to the Principal Civil Service Pension Scheme and for members who remain as active members of the Local Government Pension Scheme as admission agreement employees but whose appropriate fund changes.

The Schedule sets out how the transfer payments are to be calculated.

These Regulations take effect on dates before the Regulations come into force (as set out in regulation 1). Section 12 of the Superannuation Act 1972 provides that regulations made under section 7 of that Act may have retrospective effect.