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THE SCHEME AFTER 1945

 
Local Government Superannuation Act 1953
 
The 1953 Act made provision for the Local Government Superannuation (Benefits) Regulations 1954 to be backdated to 1 October 1950. This provided a new benefit package for scheme members who retired with at least ten year’s service with the option for such members to elect to retain their rights under the 1937 Act.
 
The 1954 Regulations introduced:
  • A retirement pension based on 1/80th of pensionable pay for each year of contributing service (half a year for non-contributory service);
  • A lump sum retirement grant of 3/80ths of pensionable pay for each year of contributory service, reduced to 1/80th in respect of married male scheme members;
  • A widow’s pension equal to 1/3rd of her husband’s pension;
  • The concept of enhanced benefits by providing for a minimum pension of 20/80ths of pensionable pay to be paid in respect of ill health retirements.

 
Superannuation Act 1972
 
The 1972 Act is the most recent Act of Parliament to be made relating to the LGPS and has far reaching implications for all public service pension schemes. This Act allows the Secretary of State, after formal consultation with employee and employer representatives, to make regulations that change the schemes provisions without the need for a new Act having to be passed.
 
All scheme regulations passed since 1 April 1972 have therefore been made under the 1972 Act.
 
 
Local Government Superannuation Regulations 1974
 
These regulations came about following much discussion in Local Government as a result of Government proposals to change State scheme pension provision. Also, from 1 April 1974 local government outside Greater London was significantly re-organised.
 
The 1974 regulations introduced:
  • Every County Council, the Greater London Council, every London Borough and the National Water Council as administering authorities;
  • Compulsory membership of the scheme for all permanent whole-time local government officers. Manual workers were not admitted until they had completed one year’s service;
  • The definition of early retirement benefits and from what age they became payable;
  • Children’s pensions;
  • A death gratuity.
 
Local Government Superannuation Regulations 1986
 
The 1986 regulations consolidated all of the statutory amendments to the 1974 regulations but did not introduce any significant amendments to the 1974 regulations.
 
 
Local Government Superannuation (Miscellaneous Provisions) Regulations 1987

 
These regulations amended the 1986 regulations and introduced:
  • The right for part-time employees working at least 15 hours per week for at least 35 weeks of the year to elect to join the scheme. Where such an election was made before 2 October 1987 the employee had the option to backdate membership to 1 April 1986 (or date of starting if later).
  • The right for certain part-time employees employed after 31 March 1974 to backdate their membership of the scheme to 1 April 1974 or date of starting if later.
 
Local Government Superannuation (Part-time Employees) Regulations 1993
 
These regulations amended the 1986 regulations and abolished the requirement that part-time employees must work at least 15 hours a week (for at least 35 weeks per year) to be eligible to join the LGPS with the option to backdate this change in the rules to 1 January 1993 or the date of starting if later.
 
 
Local Government Pension Scheme Regulations 1995
 
These regulations consolidated all of the amendments made to the 1986 regulations and introduced:
  • Automatic admission to the scheme for all employees other than those classed by their employers as being employed on a ‘casual’ basis (including all current employees as at 1 May 1995);
  • A lump sum death grant equal to two times final pay;
  • The option to commute ill health pension benefits into a lump sum in cases of exceptional ill health.
Since 2 May 1995 the LGPS has complied with Article 119 of the Treaty of Rome as: 
  • All part-time employees have automatic access to the scheme;
  • Member contributions are the same for both male and female scheme members (this has always been the case in the LGPS);
  • Compulsory retirement age is 65 (this has always been the case in the LGPS);
  • Abatement of benefits paid at age 60 for members with less than 25 years service became equalised;
  • Transfer out of the LGPS since 17 May 1990 should be equalised by central government legislation to accord with European Court Judgments.
 
Local Government Pension Scheme Regulations 1997
 
These regulations came about as a result of an efficiency scrutiny of the LGPS and replaced the 1995 regulations (with the exception of Part L of those regulations). The ‘new’ regulations extended the number of discretions available to administering and employing authorities.
 
Every authority within the Scheme was required to formulate and publish a policy statement by 30 June 1998 detailing how they would use these discretions. A copy of the policy statement had to be issued to scheme members and kept under review.
 
 
Local Government Pension Scheme (Transitional Provisions) Regulations 1997

 
Effective from the same date as the main 1997 scheme regulations, the Transitional Provisions Regulations protected the position of individuals who were scheme members immediately prior to 1 April 1998 by requiring that the benefits to which those members ultimately became entitled could not be worse than the benefits they would have received under the 1995 regulations.
 
 
Local Government Pension Scheme (Amendment) Regulations 1999

 
External Contractors could make admission agreements with employing authorities and administering authorities to allow continuing LGPS membership upon a TUPE transfer of services.