The Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023
The Public Service Pensions Act 2013 (c. 25) (“the 2013 Act”) makes provision, and confers further powers to make provision (in the form of “scheme regulations” as defined in section 1 of that Act) about the establishment of public service pension schemes. The Local Government Pension Scheme Regulations 2013 (S.I. 2013/2356, “the 2013 Regulations”) are the scheme Regulations establishing the successor local government pension scheme (“the 2014 Scheme”) to the pension scheme constituted by the Local Government Pension Scheme (Administration Regulations) 2008, The Local Government Pensions Scheme (Benefits, Membership and Contributions) Regulations 2007 and the Local Government Pension Scheme (Transitional Provisions Regulations 2008) (“the 2008 Scheme”). The Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (S.I. 2014/525, “the 2014 Regulations) provide transitional protection (“the statutory underpin”) for 2008 Scheme members including, in particular, for members who were within 10 years of their normal pension age under the 2008 Scheme. Similar transitional protection was made under the 2013 Act for members of judicial pension schemes and members of firefighters pension schemes. The transitional protection for members of the judicial and firefighters schemes was subsequently found to unlawfully discriminate between members of the respective schemes on the basis of age. Although the statutory underpin was not subject to legal action, all schemes established under the 2013 Act are subject to review. These Regulations do this in relation to the 2014 Scheme.