Legislation – The Local Government Pension Scheme (Information) Regulations 2024

These Regulations implement changes relating to the Local Government Pension Scheme (“the LGPS”). They do so by modifying certain statutory provisions contained in or made under the Public Service Pensions and Judicial Offices Act 2022 (c. 7), which made changes to the transitional protections for certain persons who were members of previous versions of the LGPS to address unlawful age discrimination of the sort identified in the case of McCloud v Lord Chancellor [2018] EWCA Civ 2844 (“the McCloud remedy”).

Regulation 2 makes provision about the McCloud remedy in the context of the annual benefit statements (“ABSs”) that administering authorities are required to issue to their active and deferred members every year under regulation 89 of the Local Government Pension Scheme Regulations 2013. Regulation 2(2) and (3) provide that, where this regulation applies, provisions of the Public Service Pensions and Judicial Offices Act 2022 and the Local Government Pension Scheme (Amendment) (No. 3) Regulations 2023 are disapplied for the purposes of preparing ABSs for the scheme year 2023/24, meaning that the administering authority would not be required to include estimates relating to the McCloud remedy in that ABS. This provision has retrospective effect to 1 October 2023, meaning that it will apply in respect of any ABSs that have been issued between that date and these Regulations coming into force. However, regulation 2(4)(a) and (5) enable administering authorities to determine that this should not apply in respect of a member or class of members. Regulation 2(4)(b) and (6) also allow administering authorities to determine that this regulation should be extended, in respect of a member or class of members, to ABSs for the scheme year 2024/25.

No impact assessment has been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.