LGPS Regulations 2013 – amendments by SI
This Statutory Instrument has been made in consequence of defects in S.I. 2011/2954, S.I. 2018/493,
S.I. 2023/279, S.I. 2023/972 and S.I. 2024/232 and is being issued free of charge to all known
recipients of those Statutory Instruments.
S T A T U T O R Y I N S T R U M E N T S
2026 No. 226
PUBLIC SERVICE PENSIONS, ENGLAND AND WALES
The Local Government Pension Scheme (Miscellaneous
Amendments) (Member Benefits) Regulations 2026
Made – 4th March 2026
Laid before Parliament – 6th March 2026
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 7, 12 and 24 of the Superannuation Act 1972(a) (“the 1972 Act”), sections 1, 3 and 25 of, and paragraphs 1 to 3, 9, 10, 12 and 14 of Schedule 3 to, the Public Service Pensions Act 2013(b) (“the 2013 Act”) and sections 78, 80(1) and (3), 84 and 85(2)(f) of the Public Service Pensions and Judicial Offices Act 2022(c) (“the 2022 Act”).
(a) 1972 c. 11. Section 7 was amended by paragraph 8 of Schedule 8 to the Public Service Pensions Act 2013 (c. 25). Section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7). Section 24 was amended by paragraph 10 of Schedule 2 to the Police Pensions Act 1976 (c. 35), paragraph 37 of Schedule 1 to the Fire and Rescue Services Act 2004 (c. 21) and paragraph 11 of Schedule 8 to the Public Service Pensions Act 2013 (c. 25).
(b) 2013 c. 25 (“the 2013 Act”). Section 3 and paragraph 12 of Schedule 3 were amended by sections 94 and 100 of the Public Service Pensions and Judicial Offices Act 2022 (c. 7) respectively. See section 28 of the 2013 Act which provides for regulations made under section 7 of the Superannuation Act 1972 (c. 11) to have effect as scheme regulations under section 1 of the 2013 Act.
(c) 2022 c. 7. 2In accordance with section 7(5) of the 1972 Act, the Secretary of State consulted such associations of local authorities as appeared to the Secretary of State to be concerned; the local authorities with whom consultation appeared to the Secretary of State to be desirable; and such representatives of other persons likely to be affected by the regulations as appeared to the Secretary of State to be appropriate.
In accordance with section 21 of the 2013 Act, the Secretary of State has consulted the representatives of such persons as appeared to the Secretary of State to be likely to be affected by these regulations.
The retrospective provisions contained in Parts 3 and 4 of these Regulations do not appear to the Secretary of State to have significant adverse effects in relation to the pension payable to or in respect of members of the scheme established by the Local Government Pension Scheme Regulations 2013(a) or the schemes preserved by the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014(b), nor in any other way in relation to members of those schemes. The retrospective provisions contained in Part 5 of these Regulations are made under Part 1 of the 2022 Act. Accordingly, the procedures set out in section 23 of the 2013 Act are not applicable in respect of these Regulations.
In accordance with section 3(5) of the 2013 Act, these Regulations are made with the consent of the Treasury.
Regulations 29(1)(a), 44 and 46 to 48 are made in accordance with Treasury Directions made under section 85 of the 2022 Act.
PART 1
Introductory
1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous Amendments) (Member Benefits) Regulations 2026.
(2) These Regulations come into force on 1st April 2026 and have effect as follows—
(a) this regulation and regulations 3, 9(1)(b), (c) and (2), 16, 19, 22, 34, 35(1)(a) and (2) and 42 have effect from 1st April 2014 (subject to paragraph (3));
(b) regulations 29(1)(a), 36 to 40 and 44 to 48 have effect from 1st October 2023;
(c)regulation 33 has effect from 28th February 2024;
(d)all other regulations have effect from 1st April 2026.
(3) To the extent that regulation 17(9) to (13) of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 has been amended with an effective date earlier than 1st April 2014, the revocation effected by regulation 42(1)(g) (and, to
(a) S.I. 2013/2356, amended by S.I. 2014/3255, 2015/57, 2015/755, 2018/493, 2020/354, 2020/893, 2023/279, 2023/402, 2023/972, and 2025/201; there are other amendments not relevant to these Regulations.
(b) S.I. 2014/525, amended by S.I. 2015/755, 2018/493, 2018/1366, 2019/1449 and 2023/972.
the extent necessary to facilitate that revocation, this regulation and regulation 34) has effect from that earlier date(a).
(4) These Regulations extend to England and Wales.
PART 2
The Local Government (Discretionary Payments) (Injury Allowances) Regulations 2011
2. Regulation 7 of the Local Government (Discretionary Payments) (Injury Allowances) Regulations 2011(b) (death benefits) is amended as follows—
(a) in paragraph (1)(iii) omit “nominated”;
(b) for paragraph (4) substitute—
“(4) “Cohabiting partner” means a person (A) who the relevant employer is satisfied fulfilled the condition in paragraph (4A) for a continuous period of at least 2 years ending on the date the person (B) who was, or had been, employed in a relevant employment died.
(4A) The condition in this paragraph is that—
(a) B is able to marry or form a civil partnership with A,
(b) B and A are living together as if they were married or as if they were civil partners, neither B nor A are living with a third person as if they were married or as if they were civil partners, and
(c) either A is financially dependent on B, or B and A are financially interdependent.”;
(d) in paragraph (5)—
(i) in sub-paragraphs (a)(ii), (b)(i) and (iii), for “dependant” substitute “dependent” in each place where it occurs;
(ii) in sub-paragraph (b), omit “nominated”.
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