This section of the site is intended for scheme members to find out more about the Local Government Pension Scheme (LGPS), to get scheme information about the LGPS and allow members to view their pension records online.
The LGPS (Miscellaneous) Regulations 2009 came into force at 31st December 2009 and made a number of significant changes to the 2008 Scheme regulations, these key changes are explained below.
Revised Protected Pay Provisions
The Miscellaneous Regulations widen the conditions that allow a member to elect to have his "final pay" for retirement benefit purposes treated as the average of three recent consecutive years. The protection now applies where a member’s pensionable pay in a continuous period of employment is reduced or restricted:
Where any of the above applies, the member may choose to have his or her "final pay" calculated by dividing by three the member’s total annual pensionable pay in any three consecutive years of the member’s choice, ending with 31st March, within the period of thirteen years ending with the member’s last day as an active member.
For the protection to apply the employment on reduced pay must fall within a period of ten years ending with the member’s last day as an active member. The protection does not apply if the member’s employment on reduced pensionable pay immediately follows a period in which the member occupies a post on a temporary basis at a higher rate of pay.
The relevant provision amends the Benefits Regulations with effect from 1 April 2008 and applies to reductions or restriction of pay effective from that date. Any members who have suffered a reduction or restriction to their pay and are now protected, but were not previously, should take note that they can elect to have their retirement benefits calculated by reference to the average of three recent consecutive year’s pensionable pay, if they retire within ten years of the date of a qualifying reduction.
Under the current protection, employers are not required to issue a certificate of protection as formerly required under the 1997 Regulations. It is the member’s responsibility to keep a record of the reduction and inform the Administering Authority (LPFA) at retirement.
Civil Partner’s Survivor Benefit
The department for Communities and Local Government has decided to place civil partners on a level footing with spouses, so that membership prior to 6 April 1988 is now to be taken into account in the calculation of civil partner’s survivor benefits, at no cost to members.
The relevant provision amends the Benefits Regulations with effect from 1 April 2008 and applies anyone who has been the registered civil partner of an active member since that date. As currently drafted the regulations provide for survivor benefits calculated by reference to all membership in the case of a post retirement Civil Partner registration; it is not known whether the intention is that this should be calculated using post 5 April 88 membership only, as for a post retirement widower’s pension.
Nominated Partner Pension "Buy Back"Members can now choose to pay Additional Survivor Benefit Contributions (ASBCs), so that any period of their active membership before 6th April 1988 can be taken into account in the calculation of the benefit to be paid to their surviving nominated cohabiting partner.
Members may buy back all their pre 6 April 1988 membership or a number of whole years, not to exceed that period. The buy back is paid for by additional pension contributions and the additional percentage payable for each year bought back depends on the gender of the member and their nominated partner, the member’s age and the number of years over which they elect to pay. This option is time limited and an election must be made before 31st March 2011. Members interested in buying back should contact the LPFA.
Compensation Conversion to Funded BenefitsA new regulation allows employing authorities to convert "compensatory added years" and other forms of annual compensation awarded under former discretionary payment provisions and paid for by the member’s former employer, into funded pension rights provided this is done by 31st March 2012. The amount of any member entitlements will not be affected; they will simply be paid for out of the pension fund in future following a one off payment by the employer to the fund.
There have been a lot of changes to the LGPS recently and a new scheme has been introduced from 1 April 2008. Information about the changes to the scheme and about the new scheme regulations are available in the sections ‘about the 2008 scheme’, ‘guide to the lgps 2008’ and in the ‘2008 scheme video’. The new scheme applies to individuals who are contributing members of the Local Government Pension Scheme on 1 April 2008 or who have since joined the Scheme. The rights of members who retired before that date with immediate payment of benefits or a preserved pension entitlement are those in force at their date of their retirement
An online guide to the LGPS is available in this section. This provides basic information about the 2008 scheme - just follow the link to the "guide to the LGPS 2008".
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