Government replies to consultation on technical changes to LGPS benefits
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The Ministry of Housing, Communities and Local Government has responded to the replies it received to its consultation on some technical amendments to benefits under the LGPS.
The consultation was launched at the beginning of October.
There have recently been a number of legal challenges to the regulations, alleging that they are inconsistent with scheme members’ human rights.
The ministry’s consultation proposed changes to the scheme to make it consistent with the judgements in those cases.
The government wanted in common with other public sector schemes to ensure that the survivors of registered civil partnerships or same-sex marriages in the LGPS receive the same benefits as widows.
In addition, the ministry proposed an amendment to an earlier scheme to make sure it complied with government policy.
This will allow early access to benefits for deferred members of the 1995 scheme.
Finally, the ministry proposed an amendment allowing the secretary of state to issue statutory guidance on the regulations, in order to give the government some flexibility to respond to changes in future.
The first two proposals met with a uniformly positive response.
The proposal to issue statutory guidance received a broadly positive response, but with the desire that there should be consultation ahead of its use.
Respondents also wanted reassurance that the power would not be misused through a blanket approach.
The government has replied to these concerns by saying it will “publicly consult with stakeholders on any new guidance before issue, where possible.”
