SI 2026/346 - The Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. STATUTORY INSTRUMENTS 2026 No. 346 PUBLIC SERVICE PENSIONS, ENGLAND AND WALES The Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026 Made - - - - 24th March 2026 Laid before Parliament 25th March 2026 Coming into force - - 11th May 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1, 3 and 25 of, and Schedule 3 to, the Public Service Pensions Act 2013(1). In accordance with section 21(2) of that Act, the Secretary of State has consulted such persons and the representatives of such persons as appeared to the Secretary of State to be likely to be affected by these Regulations. In accordance with section 3(5) of that Act, these Regulations are made with the consent of the Treasury. Part 1 Introductory Citation, commencement and extent 1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026 and come into force on 11th May 2026. (2) These Regulations extend to England and Wales. (1) 2013 c. 25. Section 3 was amended by section 94(2) to (6) of the Public Service Pensions and Judicial Offices Act 2022 (c. 7); there are amendments to Schedule 3 not relevant to these Regulations. (2) There is an amendment to section 21 not relevant to these Regulations.Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Part 2 Amendment of Local Government Pension Scheme Regulations Amendment of the Local Government Pension Scheme Regulations 2013 2. The Local Government Pension Scheme Regulations 2013(3) are amended in accordance with regulations 3 to 6. Insertion of new regulation 117 3. After Part 3 (governance)(4) insert— “Part 4 Elected Members Elected Members 117.—(1) Subject to paragraph (2), these Regulations apply to elected members in respect of their elected membership with the modifications set out in Schedule 4. (2) The Secretary of State may, by written direction, modify these Regulations as they apply to elected members for the purposes set out in section 25(8) of the Public Service Pensions Act 2013(5).”; Amendments to Schedule 1 4. In Schedule 1 (interpretation) — (a) after the definition of “Club Transfer”(6) insert— ““Combined Authority establishment order” means an order made under section 103 of the Local Democracy, Economic Development and Construction Act 2009(7) which establishes, and makes provision about the constitution of, a Combined Authority; “Combined County Authority establishment regulations” means regulations made under section 9 of the Levelling-up and Regeneration Act 2023(8) which establish, and make provision about the constitution of, a Combined County Authority;”; (b) after the definition of “earned pension” insert— ““elected member” means a person who is eligible to be a member of the Scheme by reason of being— (a) an eligible councillor; (b) an eligible mayor; “elected membership” means membership of the Scheme held in respect of employment as— (3) S.I. 2013/2356. (4) Part 3 was inserted by S.I. 2015/57 (5) 2013 c. 25. (6) The definition of “club transfer” was inserted by S.I. 2018/493. (7) 2009 c. 20. Section 103 was amended by section 12(2) and 14(2) of the Cities and Local Government Devolution Act 2016 (c. 1) and paragraph 189 of Schedule 4 to the Levelling-up and Regeneration Act 2023 (c. 55). (8) 2023 c. 55. 2Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) an eligible councillor, or (b) an eligible mayor, but excluding service accrued as a result of any other local government employment;”; (c) after the definition of “eligible child” insert— ““eligible councillor” means a person who is a member of— (a) a local authority in England who is entitled to be a member of the Scheme under a scheme made in accordance with the Local Authorities (Members’ Allowances) (England) Regulations 2003(9); (b) a Combined Authority in England who is entitled to be a member of the Scheme under a Combined Authority establishment order; (c) a Combined County Authority in England who is entitled to be a member of the Scheme under Combined County Authority establishment regulations; (d) the London Assembly who is entitled to be a member of the Scheme following a determination made under section 26 of the Greater London Authority Act 1999(10); (e) the Court of Common Council of the City of London who the Common Council of the City of London has determined should be entitled to be a member of the Scheme; (f) a committee or sub-committee of a Combined Authority in England who is entitled to be a member of the Scheme under a Combined Authority establishment order; (g) a committee or sub-committee of a Combined County Authority in England who is entitled to be a member of the Scheme under Combined County Authority establishment regulations; (h) a Fire and Rescue Authority within the meaning of section 1 of the Fire and Rescue Services Act 2004(11) who is entitled to be a member of the Scheme under a scheme made in accordance with the Local Authorities (Members’ Allowances) (England) Regulations 2003; “eligible mayor” means— (a) a mayor or deputy mayor of (i) a Combined Authority in England who is entitled to be a member of the Scheme under a Combined Authority establishment order; (ii) a Combined County Authority in England who is entitled to be a member of the Scheme under Combined County Authority establishment regulations; (b) the Mayor of London who is entitled to be a member of the Scheme by virtue of these Regulations, and in respect of whom the Greater London Authority has made a determination under section 26 of the Greater London Authority Act 1999; (c) a mayor elected to a local authority in England under section 9H (elected mayors etc) of the Local Government Act 2000(12) who is entitled to be a (9) S.I. 2003/1021, to which there are amendments not relevant to these Regulations. (10) 1999 c. 29; Section 26 was amended by section 1(1) of the Greater London Authority Act 2007 (c. 24). (11) 2004 c. 21. Section 1 was amended by paragraph 3 of Schedule 1 and paragraph 111 of Schedule 2 to the Policing and Crime Act 2017 (c. 3) and by paragraph 157 of Schedule 4 to the Levelling-Up and Regeneration Act 2023 (c. 55). (12) 2000 c. 22; Section 9H was inserted by section 21, and paragraph 1 of Part 1 of Schedule 2 to, the Localism Act 2011 (c. 20). 3Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. member of the Scheme under a scheme made in accordance with the Local Authorities (Members’ Allowances) (England) Regulations 2003;”. Amendments to Schedule 2 5. In Part 4 of Schedule 2 (scheme employers) after the existing entries insert— An eligible councillor falling within The local authority to which the eligible paragraph (a) of the definition of “eligible councillor is elected councillor” in Schedule 1 An eligible councillor falling within The Combined Authority of which the eligible paragraph (b) or (f) of the definition of “eligible councillor is a member or committee member councillor” in Schedule 1 An eligible councillor falling within The Combined County Authority of which the paragraph (c) or (g) of the definition of eligible councillor is a member or committee “eligible councillor” in Schedule 1 member An eligible councillor falling within The Greater London Authority paragraph (d) of the definition of “eligible councillor” in Schedule 1 An eligible councillor falling within The Court of Common Council of the City of paragraph (e) of the definition of “eligible London councillor” in Schedule 1 An eligible councillor falling within The Fire and Rescue Authority of which the paragraph (h) of the definition of “eligible eligible councillor is a member councillor” An eligible mayor falling within paragraph (a) The Combined Authority, Combined County (i), (a)(ii) or (c) of the definition of “eligible Authority or local authority in respect of which mayor” in Schedule 1 the eligible mayor is elected An eligible mayor falling within paragraph (b) The Greater London Authority of the definition of “eligible mayor” in Schedule 1 Insertion of Schedule 4 6. After Schedule 3 (pension funds) insert— “Schedule 4 Regulation 117 Elected Members 1. Where this Schedule applies, these Regulations have effect with modifications set out in paragraphs 2 to 16. 2. Regulation 2 (introductory) has effect as if after paragraph (1C)(13) there were inserted— “(1D) For the purposes of these Regulations, an elected member who is deemed to be in local government service by virtue of paragraph (1B)(b) is to be treated as an employee of the body deemed to be their Scheme employer under regulation 3(2), rather than as an office-holder, and any reference to “employee”, “employer”, “employment” or “scheme (13) Paragraph (1C) was inserted by S.I. 2018/493. 4Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. employment” is to be construed accordingly, and related expressions are to be construed accordingly.”. 3. Regulation 3 (active membership) has effect as if— (a) paragraphs (3) and (4) were omitted; (b) in paragraph (6)— (i)in sub-paragraph (a) “but in any event” were omitted; (ii)sub-paragraph (b) were omitted. 4. Regulation 16 (additional pension contributions) has effect as if paragraphs (2)(e) and (4) (d) were omitted, except for their applications to QAPAs(14). 5. Regulation 17 (additional voluntary contributions) has effect as if— (a) in paragraph (1), after “contribute to” there were inserted “salary sacrifice”; (b) after paragraph (1) there were inserted— “(1A) Where an elected member enters into a salary sacrifice SCAVC in respect of an employment, the total amount paid by the Scheme employer in any period by way of contributions to those arrangements must not exceed the amount by which that member’s pensionable pay is reduced in that period under the salary sacrifice agreement. (1B) For the purposes of paragraph (1A) “period” means such interval as used by the Scheme employer for the calculation and payment of contributions to the salary sacrifice SCAVC arrangement.”. 6. Regulation 18 (rights to return of contributions) has effect as if paragraph (2) were omitted. 7. Regulation 20 (meaning of pensionable pay) has effect as if for that regulation there were substituted— “Meaning of pensionable pay for elected members 20.—(1) An elected member’s pensionable pay in any year is the total of all basic allowance, special responsibility allowance, relevant allowance and salary paid by the scheme employer to that elected member in any applicable remuneration scheme established under— (a) the Local Authorities (Members’ Allowances) (England) Regulations 2003; (b) the Greater London Authority Act 1999; (c) a Combined Authority establishment order; (d) Combined County Authority establishment regulations; (e) the remuneration arrangements applicable to members of the Common Council of the City of London. (2) All references to “pensionable pay” in these Regulations in respect of an elected member are to be construed in accordance with paragraph (1). (3) In this regulation, “relevant allowance” means an allowance payable under a Combined Authority establishment order or Combined County Authority establishment regulations other than an allowance for travel and subsistence. (4) Where an elected member participates in a salary-sacrifice SCAVC arrangement within the meaning of regulation 17(1), the amounts referred to in paragraph (1) are to (14) “QAPA” is defined in regulation 16A, which was inserted by S.I. 2026/226. 5Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. be calculated by reference to the remuneration that would have been payable but for that arrangement.”. 8. Regulation 21(2) (assumed pensionable pay) has effect as if— (a) for sub-paragraph (a) there were substituted— “(a) who is an elected member and is unable, due to sickness or injury, to carry out the full responsibilities of their office and, as a result, is in receipt of reduced or no allowances; or”; (b) sub-paragraph (b) were omitted. 9. Regulation 22 (pension accounts) has effect as if after paragraph (9) there were inserted— “(10) Where in the case of a deferred member who has been an elected member, benefits are aggregated under paragraph (7) or (8)(15)— (a) elected membership may be aggregated only with former elected membership; and (b) membership which is not elected membership may be aggregated only with former membership which is not elected membership. (11) For the purposes of paragraph (10)— (a) “a deferred member who has been an elected member” includes a deferred member who has been a councillor member within the meaning of the Local Government Pension Scheme Regulations 1997(16); (b) “elected membership” includes any period of councillor membership within the meaning of the Local Government Pension Scheme Regulations 1997”. (12) Where a deferred member’s former elected membership includes a period of former councillor membership accrued under the Local Government Pension Scheme Regulations 1997, and that former councillor membership falls to be aggregated with elected membership in the Scheme — (a) that aggregation is to be treated for all purposes as an interfund adjustment under regulation 10(6) of the 2014 Regulations(17), and must be carried out in accordance with that regulation, and (b) where both periods of membership are held in the same pension fund, the administering authority must make such intrafund adjustments as are necessary to secure an equivalent outcome to that which would have applied under regulation 10(6) of the 2014 Regulations had the membership been held in different pension funds.”. 10. Regulation 23 (active member’s pension accounts) has effect as if paragraph (8) were omitted. 11. Regulation 27 (flexible retirement pension accounts) has effect as if it were omitted. 12. Regulation 30 (retirement benefits) has effect as if— (a) paragraphs (6), (7) and (8) were omitted, and (b) in paragraph (9), for “(8)” there were substituted “(5)”. 13. Regulation 31 (award of additional pension) has effect as if it were omitted. 14. Regulation 36 (role of the IRMP) has effect as if paragraph (1)(c) were omitted. (15) Regulation 22(8) was amended by S.I. 2015/755. (16) S.I. 1997/1612. (17) See Schedule 1 for the definition of “the 2014 Regulations”. 6Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 15. Regulation 39 (calculation of ill-health pension amounts) has effect as if for paragraph (9) (a) there were substituted— “(a) in calculating assumed pensionable pay in accordance with regulation 21(4) (assumed pensionable pay), no account is to be taken of any reduction in the pensionable pay the member received if an IRMP has certified that the member has reduced responsibilities wholly or partly as a result of the condition that caused or contributed to the member’s ill-health retirement; and”. 16. Regulation 67 (employer’s contributions) has effect as if for paragraph (4)(b) there were substituted— “(b) the assumed pay in respect of elected members who are on leave due to sickness or injury and are receiving reduced pensionable pay or no pensionable pay,”.”. Amendment of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendments) Regulations 2014 7. In regulation 9 of the Local Government Pension Scheme (Transitional Provisions, Savings and Amendments) Regulations 2014 (transfers)(18)— (a) after paragraph (2) insert— “(2A) Where a transfer payment to which paragraph (1) applies is received into the 2014 Scheme in respect of an elected member, such payment is to entitle the person to benefits under the 2014 Scheme. (2B) Notwithstanding paragraphs (1ZA) and (1ZB), where a transfer payment, to which paragraphs (1ZA) and (1ZB) apply is received into the 2014 Scheme in respect of an elected member, such payment is not to be treated as— (a) a payment in respect of a remediable service for an elected member, or (b) a pension to which regulations 4A to 4V apply.”; (b) after paragraph (4) insert— “(5) In this regulation, “elected member” has the same meaning as in Schedule 1 to the Local Government Pension Scheme Regulations 2013.”. Part 3 Consequential Amendments Amendment of the Local Authorities (Members’ Allowances) (England) Regulations 2003 8.—(1) The Local Authorities (Members’ Allowances) (England) Regulations 2003(19) are amended as follows. (2) For regulation 11 (pensions) substitute— “Pensions 11. A scheme made by an authority to which regulation 3(1)(a), (b), (c) or (e) applies which provides that a member is entitled to a basic allowance or a special responsibility allowance must provide that— (18) S.I. 2014/525; relevant amending instruments are S.I. 2018/493 and 2023/972. (19) S.I. 2003/1021, to which there are amendments not relevant to these Regulations. 7Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) the member is entitled to a pension in accordance with a scheme made under section 1 of the Public Service Pensions Act 2013; and (b) the basic allowance or special responsibility allowance (or both, as the case may be) is to be treated as an amount in respect of which such a pension is payable in accordance with a scheme made under section 1 of the 2013 Act.”. (3) In regulation 15(3) (records of allowances)— (a) omit the “and” after sub-paragraph (d); (b) after sub-paragraph (e) insert— “(f)the employer contributions paid in respect of each recipient under regulation 11 (pensions).”. (4) In regulation 21 (recommendations of panels), in paragraph (1) omit sub-paragraphs (f) and (g). Amendment of the Greater Manchester Combined Authority Order 2011 9. In Schedule 1 to the Greater Manchester Combined Authority Order 2011(20), in paragraph 3C (remuneration)— (a) in the heading, after “remuneration” insert “and pensions”; (b) in sub-paragraph (1) for “and (3)” substitute “to (5)”; (c) after sub-paragraph (3) insert— “(4) Sub-paragraph (5) applies in relation to pensions. (5) Where the GMCA pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme made under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable in accordance with that scheme; and (c) the GMCA must make such payments as may be required in respect of pension payable to a person in relation to that allowance. (6) In sub-paragraph (5), “a relevant allowance” means an allowance payable under sub-paragraph (2) to any person referred to in that sub-paragraph, which is not an allowance for travel and subsistence.”. Amendment of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 10. In Schedule 1 to the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014(21)— (a) in paragraph 7 (remuneration), for “, 7B and 7C” substitute “to 7D”; (b) for paragraph 7A substitute— “7A. Paragraphs 7B to 7D apply in relation to— (a) allowances payable other than allowances for travel and subsistence; (b) pensions.”; (c) after paragraph 7C insert— (20) S.I. 2011/908; relevant amending instruments are S.I. 2017/612, 2018/444 and 2024/430. (21) S.I. 2014/863; relevant amending instruments are S.I. 2020/806 and 2024/430. 8Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “7D. Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme made under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. 7E. In paragraph 7D, a “relevant allowance” means an allowance payable under paragraph 7B to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”. Amendment of the West Yorkshire Combined Authority Order 2014 11. In Schedule 1 to the West Yorkshire Combined Authority Order 2014(22)— (a) in paragraph 7 (remuneration), after “9A” insert “, 9B”; (b) after paragraph 9A insert— “9B. Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. 9C. In paragraph 9B, a “relevant allowance” means an allowance payable under paragraphs 9 or 9A to any person referred to in those paragraphs, which is not an allowance for travel and subsistence.”. Amendment of the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 12. In Schedule 1 to the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014(23), in paragraph 7 (remuneration)— (a) in the heading, after “remuneration” insert “and pensions”; (b) in sub-paragraph (1), for “sub-paragraph (3)” substitute “sub-paragraphs (3) and (4)”; (c) after sub-paragraph (3) insert— “(4) Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. (22) S.I. 2014/864; relevant amending instruments are S.I. 2021/112 and 2024/430. (23) S.I. 2014/865; relevant amending instruments are S.I. 2017/430 and 2024/430. 9Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (5) In sub-paragraph (4), a “relevant allowance” means an allowance payable under sub-paragraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”. Amendment of the Tees Valley Combined Authority Order 2016 13. In Schedule 1 to the Tees Valley Combined Authority Order 2016(24), in paragraph 7 (remuneration)— (a) in the heading, after “remuneration” insert “and pensions”; (b) in sub-paragraph (1), for “and (3)” substitute “(3) and (4)”; (c) after sub-paragraph (3) insert— “(4) Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme, and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. (5) In sub-paragraph (4), “relevant allowance” means an allowance payable under sub- paragraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”. Amendment of the West Midlands Combined Authority Order 2016 14. In Schedule 1 to the West Midlands Combined Authority Order 2016(25), in paragraph 7 (remuneration)— (a) in the heading, after “remuneration” insert “and pensions”; (b) in sub-paragraph (1), for “and (3)” substitute “to (4)”; (c) after sub-paragraph (3) insert— “(4) Where the Combined Authority pays a relevant allowance to a person — (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. (5) In sub-paragraph (4), “relevant allowance” means an allowance payable under sub- paragraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”. Amendment of the West of England Combined Authority Order 2017 15. In Schedule 1 to the West of England Combined Authority Order 2017(26), in paragraph 8 (remuneration)— (24) S.I. 2016/449; relevant amending instruments are S.I. 2017/431 and 2024/430. (25) S.I. 2016/653; relevant amending instruments are S.I. 2017/510 and 2024/430. (26) S.I. 2017/126; relevant amending instrument is S.I. 2024/430. 10Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) in the heading, after “remuneration” insert “and pensions”; (b) in sub-paragraph (1), for “and (3)” substitute “to (4)”; (c) after sub-paragraph (3) insert— “(4) Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. (5) In sub-paragraph (4), “relevant allowance” means an allowance, payable under sub- paragraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”. Amendment of the Cambridgeshire and Peterborough Combined Authority Order 2017 16. In the Schedule to the Cambridgeshire and Peterborough Combined Authority Order 2017(27), in paragraph 8 (remuneration)— (a) in the heading, after “remuneration” insert “and pensions”; (b) in sub-paragraph (1), for “and (3)” substitute “to (4)”; (c) after sub-paragraph (3) insert— “(4) Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. (5) In sub-paragraph (4), “relevant allowance” means an allowance payable under sub- paragraph (2) to any person referred to in that sub-paragraph, which is not an allowance for travel and subsistence.”. Amendment of the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 17. In Schedule 2 to the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017(28) omit paragraph 28. Amendment of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 18. In Schedule 6 to the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021(29) omit paragraph 28. (27) S.I. 2017/251; relevant amending instrument is S.I. 2024/430. (28) S.I. 2017/470, to which there are amendments not relevant to these Regulations. (29) S.I. 2021/112, to which there are amendments not relevant to these Regulations. 11Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Amendment of the York and North Yorkshire Combined Authority Order 2023 19.—(1) The York and North Yorkshire Combined Authority Order 2023(30) is amended as follows. (2) In Schedule 1— (a) in paragraph 5 (remuneration), for “6 and 7” substitute “6 to 7A”; (b) after paragraph 7 insert— “7A. Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. 7B. In paragraph 7A, “relevant allowance” means an allowance payable under paragraph 6 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”. (3) In Schedule 6 omit paragraph 28. Amendment of the East Midlands Combined County Authority Regulations 2024 20. In Schedule 1 to the East Midlands Combined County Authority Regulations 2024(31)— (a) in paragraph 6 (remuneration), after “8” insert, “8A”; (b) after paragraph 8 insert— “8A. Where the Combined County Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (c) the Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. 8B. In paragraph 8A, “relevant allowance” means an allowance payable under paragraph 7 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”. Amendment of the North East Mayoral Combined Authority (Establishment and Functions) Order 2024 21. In Schedule 1 to the North East Mayoral Combined Authority (Establishment and Functions) Order 2024(32), in paragraph 4 (remuneration)— (a) in the heading, after “remuneration” insert “and pensions”; (b) in sub-paragraph (1), for “and (4)” substitute “to (5)”; (c) after sub-paragraph (4) insert— (30) S.I. 2023/1432, to which there are amendments not relevant to these Regulations. (31) S.I. 2024/232. (32) S.I. 2024/402. 12Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “(5) Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. (6) In paragraph (5), “relevant allowance” means an allowance, payable under sub- paragraphs (2) to (4) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”. Amendment of South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 22. In Schedule 2 to the South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024(33) omit paragraph 28. Amendment of the Hull and East Yorkshire Combined Authority Order 2025 23. In Schedule 1 to the Hull and East Yorkshire Combined Authority Order 2025(34)— (a) in paragraph 6 (remuneration), for “7 and 8” substitute “7 to 8A”; (b) after paragraph 8 insert— “8A. Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013, (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. 8B. In paragraph 8A, “relevant allowance” means an allowance payable under paragraph 7 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”. Amendment of the Devon and Torbay Combined County Authority Regulations 2025 24. In Schedule 1 to the Devon and Torbay Combined County Authority Regulations 2025(35)— (a) in paragraph 5 (remuneration), after “7” insert “, 7A”; (b) after paragraph 7 insert— “7A. Where the Combined County Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013, (b) that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and (33) S.I. 2024/414, to which there are amendments not relevant to these Regulations. (34) S.I. 2025/113. (35) S.I. 2025/115. 13Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (c) the Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. 7B. In paragraph 7A, “relevant allowance” means an allowance payable under paragraph 6 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”. Amendment of the Greater Lincolnshire Combined County Authority Regulations 2025 25. In Schedule 1 to the Greater Lincolnshire Combined County Authority Regulations 2025(36)— (a) in paragraph 9 (remuneration), for “and 11” substitute “to 12”; (b) after paragraph 11 insert— “12. Where the Combined County Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013, (b) that allowance is to be treated as an amount in respect of which such a pension is payable in accordance with that scheme; and (c) the Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. 13. In paragraph 12, “relevant allowance” means an allowance payable under paragraph 10 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”. Amendment of the Lancashire Combined County Authority Regulations 2025 26. In Schedule 1 to the Lancashire Combined County Authority Regulations 2025(37)— (a) in paragraph 5 (remuneration) for “6 and 7” substitute “6 to 7A”; (b) after paragraph 7 insert— “7A. Where the Combined County Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable in accordance with that scheme; and (c) the Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. 7B. In paragraph 7A, “relevant allowance” means an allowance payable under paragraph 6 to any person referred to in that paragraph, which is not an allowance for travel and subsistence.”. Amendment of the Cumbria Combined Authority Order 2026 27. In the Schedule to the Cumbria Combined Authority Order 2026(38) in paragraph 7 (remuneration) — (36) S.I. 2025/117. (37) S.I. 2025/118. (38) S.I. 2026/158. 14Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (a) in the heading, after “remuneration” insert “and pensions”; (b) in sub-paragraph (1), for “(2) and (3)” substitute “(2) to (3A)”; (c) after sub-paragraph (3) insert— “(3A) Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) the allowance is to be treated as an amount in respect of which such a pension is payable in accordance with that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. (3B) In paragraph (3A), “relevant allowance” means an allowance payable under sub- paragraph (2) to any person referred to in that sub-paragraph, which is not an allowance for travel and subsistence.”. Amendment of the Cheshire and Warrington Combined Authority Order 2026 28. In Schedule (constitution) to the Cheshire and Warrington Combined Authority Order 2026(39) in paragraph 7 (remuneration)— (a) in the heading, after “remuneration” insert “and pensions”; (b) in sub-paragraph (1), for “(2) and (3)” substitute “(2) to (3A)”; (c) after sub-paragraph (3) insert— “(3A) Where the Combined Authority pays a relevant allowance to a person— (a) that person is entitled to a pension paid in accordance with a scheme established under section 1 of the Public Service Pensions Act 2013; (b) that allowance is to be treated as an amount in respect of which such a pension is payable in accordance with that scheme; and (c) the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance. (3B) In paragraph (3A), “relevant allowance” means an allowance payable under sub- paragraph (2) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.”. We consent to the making of these Regulations Christian Wakeford Taiwo Owatemi Two of the Lords Commissioners of His 23rd March 2026 Majesty's Treasury (39) S.I. 2026/159. 15Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Signed by authority of the Secretary of State for Housing, Communities and Local Government Alison McGovern Minister of State Ministry of Housing, Communities and Local 24th March 2026 Government 16Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Local Government Pension Scheme Regulations (S.I. 2013/2356, “the 2013 Regulations”) to extend the membership of the Local Government Pension Scheme (“LGPS”) to elected members of local authorities in England, including councillors and mayors of county councils, district councils, London borough councils, Combined Authorities, Combined County Authorities and the Greater London Authority. Regulation 3 inserts a new Part 4 into the 2013 Regulations, bringing elected members and mayors (“elected membership”) within the Scheme. This Part applies the existing Scheme to elected members with certain necessary modifications which are set out in the new Schedule 4. Regulation 4 amends Schedule 1 to insert new definitions of “elected member”, “eligible councillor” and “eligible mayor”. These definitions identify the classes of individuals who may participate in the Scheme, including members and mayors of local authorities, Combined Authorities, Combined County Authorities, the Greater London Authority, the London Assembly, and certain committees. Regulation 5 amends Schedule 2 to designate the appropriate Scheme employer for each category of elected member. Regulation 6 inserts new Schedule 4, which provides detailed modifications to the 2013 Regulations as they apply to elected members. These include treating elected members as employees of the relevant authority for Scheme purposes, modifying provisions on active membership and pensionable pay to reflect the type of allowances paid to elected members, setting rules for the aggregation of benefits where a member has both elected and non-elected service, modifying the treatment of ill-health retirement and assumed pensionable pay in circumstances specific to elected office-holders, disapplying and adapting provisions relating to flexible retirement, additional pension awards and related areas that are not applicable to these office-holders. Regulation 7 amends the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (S.I. 2014/525) to clarify the treatment of transfer payments made in respect of elected members, ensuring consistency with the new elected member pension framework and excluding such transfers from the remediable service provisions introduced for other public service pension schemes. Regulation 8 amends the Local Authorities (Members’ Allowances) (England) Regulations 2003. They require schemes made by authorities to specify that basic and special responsibility allowances are pensionable, and require authorities to record employer pension contributions in allowance registers. Regulations 9 to 28 amend various Combined Authority establishment orders and Combined County Authority regulations. Those instruments establish the relevant Combined Authority or Combined County Authority and make provision about its constitution, including remuneration arrangements for members and office-holders. The amendments ensure that, where a Combined Authority or Combined County Authority pays a “relevant allowance” (an allowance other than travel and subsistence) under those remuneration arrangements, the allowance is treated as pensionable under a scheme made under section 1 of the Public Service Pensions Act 2013 (2013 c.25). The amendments also require the authority to make employer contributions and any other payments required to fund the pension benefits attributable to those allowances. An impact assessment has not been produced for this instrument as no, or no significant, impact is anticipated on the private or voluntary sectors. 17Document Generated: 2026-05-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 18