Part 1: Public Service Pension Schemes Chapter 3: Local Government Schemes Section 81: Further powers to make provision about special cases
Section 81 provides for scheme regulations to make provision regarding two types of special case.
	The first enables scheme regulations to make provision about cases where a person has excess teacher service, as defined in section 110(2). Excess teacher service is service that is in excess of the maximum that could be accrued under a teachers’ Chapter 1 legacy scheme. Depending on the circumstances, that service may have been pensionable in a local government new scheme or in the teachers’ new scheme. To ensure a consistent approach to this group, section 4(4) provides that any remediable service which is excess teacher service should be pensionable in a local government new scheme, where members may be entitled to underpin protection, if applicable. Due to the unique circumstances in which these members have become eligible for membership of the local government new scheme and the complexities that may arise from their transition to the local government scheme, this section ensures that responsible authorities are able to make specific provision in scheme regulations relating to these members.
	The second enables scheme regulations to make provision about injury and compensation schemes, in particular by amending the relevant injury and compensation scheme. Certain workforces provide injury and compensation schemes, which pay benefits to those who are injured whilst at work or carrying out their duties. These schemes are set out in Schedule 6 to the PSPA 2013 or Schedule 6 to PSPA(NI) 2014. The payments from injury and compensation schemes usually take into account any benefits payable from a connected pension scheme. The retrospective changes to a person’s pension made by scheme regulations under Chapter 3 may mean that an award from a connected injury or compensation scheme was wrong in so far as it took into account pension benefits that will be changed by the Act. The award may have been overpaid in previous years and will need to be adjusted in future, once the pension is revised. This section ensures that responsible authorities are able to make provision in scheme regulations for the connected scheme to take account of any change to pension benefits payable to a member, attributable to the application of Chapter 3.