The Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026
These 2026 Regulations, which apply to England and Wales, amend the Local Government Pension Scheme (LGPS) Regulations 2013 to formally incorporate elected members, such as councillors and mayors of various local bodies, into the scheme, treating them as employees for pension purposes, and establishing definitions for eligible members, scheme employers, and rules for pensionable pay based on allowances received, while also making consequential amendments across numerous existing Combined Authority and County Authority establishment orders.
Arguments For
Extends pension scheme access, potentially increasing participation in local democratic roles by offering occupational pension benefits to elected members (councillors and mayors) in England and Wales.
Provides a formal, regulated framework for pension contributions based on allowances (basic and special responsibility), ensuring consistency across various local government bodies, including Combined Authorities and Combined County Authorities.
Modifies the underlying pension scheme rules (LGPS 2013) to appropriately treat elected members as employees for scheme purposes, clarifying aspects like pensionable pay, ill-health retirement, and benefit aggregation relative to their specific roles.
Ensures administrative clarity by designating the correct Scheme employer for each type of elected office-holder and mandates corresponding employer contributions.
Arguments Against
These regulations introduce new liabilities (employer contributions) for local authorities, Combined Authorities, and Combined County Authorities, which may strain existing budgets if not adequately funded through revised allowance structures or central government support.
The complexity introduced by modifying numerous existing statutory instruments (Combined Authority Orders, etc.) creates a significant administrative burden for local authority HR and pensions teams to ensure compliance across varied local governance structures.
Excluding travel and subsistence allowances from pensionable pay, while logical for expenses, necessitates careful definition and distinction in payroll processing for elected members.
Specific modifications regarding benefit aggregation (e.g., preventing aggregation between elected membership and non-elected membership) may create legacy issues or complexities for members with mixed service histories.
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.
This section identifies the instrument as a Statutory Instrument enacted by the Secretary of State under powers granted by the Public Service Pensions Act 2013.
It confirms that the specified consultation requirements under that Act were met, and that the Treasury consented to the instrument's making.
Part 1
Introductory
Citation, commencement and extent
- -(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.
Regulation 1 establishes the official title and sets the commencement date for these Regulations as May 11th, 2026.
It specifies that the regulations apply only within England and Wales.
Elected Members
- -(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 ).
Regulation 117 states that the rules within these Regulations apply to individuals who are elected members concerning their elected role, using specific modifications detailed in Schedule 4.
Furthermore, the Secretary of State retains the power to issue written directions to further modify application of these Regulations to elected members for specific purposes defined in the 2013 Act.
Amendments to Schedule 1
- 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-
- (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;
- (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
member of the Scheme under a scheme made in accordance with the Local Authorities (Members' Allowances) (England) Regulations 2003;'.
Regulation 4 makes amendments to the definitions in Schedule 1 of the 2013 Regulations.
It inserts definitions for Orders and Regulations establishing Combined Authorities and Combined County Authorities.
Crucially, it defines 'elected member' as someone eligible due to being an eligible councillor or mayor, and defines 'elected membership' as the scheme membership stemming from those roles, specifically excluding other local government employment service. It then exhaustively defines 'eligible councillor' and 'eligible mayor' by listing the specific bodies they represent, such as local authorities, Combined Authorities, the London Assembly, and the City of London policy committee, provided they meet specified entitlement criteria referenced in other legislation.
Part 2
Amendment of Local Government Pension Scheme Regulations
Amendment of the Local Government Pension Scheme Regulations 2013
- The Local Government Pension Scheme Regulations 2013( 3 ) are amended in accordance with regulations 3 to 6.
Regulation 2 introduces Part 2, stating that the main Local Government Pension Scheme Regulations of 2013 are amended by the subsequent three regulations (3, 4, 5, and 6).
- After Part 3 (governance)( 4 ) insert-
'Part 4
Elected Members
- -(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 ).'
Regulation 3 inserts a new Part 4, titled 'Elected Members,' directly into the 2013 Regulations, numbering the first regulation in this new Part as 117.
This mirrors the structure seen earlier in the SI, setting out the scope for applying these rules to elected members with Schedule 4 modifications, and reserving the Secretary of State's power to direct further modifications.
- In Part 4 of Schedule 2 (scheme employers) after the existing entries insert-
| An eligible councillor falling within paragraph (a) of the definition of 'eligible councillor' in Schedule 1 | The local authority to which the eligible councillor is elected | |------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------| | An eligible councillor falling within paragraph (b) or (f) of the definition of 'eligible councillor' in Schedule 1 | The Combined Authority of which the eligible councillor is a member or committee member | | An eligible councillor falling within paragraph (c) or (g) of the definition of 'eligible councillor' in Schedule 1 | The Combined County Authority of which the eligible councillor is a member or committee member | | An eligible councillor falling within paragraph (d) of the definition of 'eligible councillor' in Schedule 1 | The Greater London Authority | | An eligible councillor falling within paragraph (e) of the definition of 'eligible councillor' in Schedule 1 | The Court of Common Council of the City of London | | An eligible councillor falling within paragraph (h) of the definition of 'eligible councillor' | The Fire and Rescue Authority of which the eligible councillor is a member | | An eligible mayor falling within paragraph (a) (i), (a)(ii) or (c) of the definition of 'eligible mayor' in Schedule 1 | The Combined Authority, Combined County Authority or local authority in respect of which the eligible mayor is elected | | An eligible mayor falling within paragraph (b) of the definition of 'eligible mayor' in Schedule 1 | The Greater London Authority |
Regulation 5 amends Schedule 2 of the 2013 Regulations to specify which body acts as the Scheme employer for different categories of elected members defined in Schedule 1.
For instance, a standard local authority councillor's employer is the local authority they serve, while members of Combined Authorities or Combined County Authorities are linked to those respective bodies as their employer for pension purposes.
- After Schedule 3 (pension funds) insert-
'Schedule 4
Regulation 117
Elected Members
- Where this Schedule applies, these Regulations have effect with modifications set out in paragraphs 2 to 16.
- 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
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.
Regulation 16 (additional pension contributions) has effect as if paragraphs (2)(e) and (4) (d) were omitted, except for their applications to QAPAs( 14 ).
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.'.
Regulation 18 (rights to return of contributions) has effect as if paragraph (2) were omitted.
Regulation 20 (meaning of pensionable pay) has effect as if for that regulation there were substituted-
' Meaning of pensionable pay for elected members
- -(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
be calculated by reference to the remuneration that would have been payable but for that arrangement.'.
- 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.
- 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.'.
Regulation 23 (active member's pension accounts) has effect as if paragraph (8) were omitted.
Regulation 27 (flexible retirement pension accounts) has effect as if it were omitted.
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)'.
Regulation 31 (award of additional pension) has effect as if it were omitted.
Regulation 36 (role of the IRMP) has effect as if paragraph (1)(c) were omitted.
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'.
- 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,'.
Regulation 6 inserts Schedule 4, detailing the modifications necessary to apply the LGPS to elected members across 15 specific regulations.
Key modifications include treating elected members as 'employees' rather than 'office-holders' for scheme purposes (Para 2), omitting specific rules on active membership and additional pension contributions (Para 3, 4, 13), adapting rules for Additional Voluntary Contributions (AVCs) to allow for salary sacrifice arrangements (Para 5).
Most importantly, it substitutes Regulation 20 to define 'pensionable pay' specifically as basic and special responsibility allowances, excluding travel/subsistence (Para 7).
It also modifies rules for assumed pensionable pay during sickness/injury leave (Para 8, 15, 16) and sets strict rules for aggregating pension benefits accrued as an elected member with previous non-elected service (Para 9).
- 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.'.
Regulation 7 modifies the 2014 Transitional Regulations regarding pension transfers.
It confirms that incoming transfer payments related to elected members will entitle that person to benefits under the 2014 Scheme.
Importantly, it explicitly prevents transfers concerning elected members from being classified as payments related to 'remediable service' or subject to specific remedial rules (Regulations 4A to 4V).
Amendment of the Local Authorities (Members' Allowances) (England) Regulations 2003
- -(1) The Local Authorities (Members' Allowances) (England) Regulations 2003( 19 ) are amended as follows.
(2) For regulation 11 (pensions) substitute-
' Pensions
- 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-
- (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).'.
Regulation 8 amends the 2003 Regulations governing Members' Allowances in England.
It substitutes Regulation 11 to mandate that any local authority scheme granting allowances (basic or special responsibility) must ensure the recipient is entitled to a pension under the Public Service Pensions Act 2013, and that the allowance itself is treated as the basis for that pension calculation.
It also requires authorities to record employer pension contributions in their allowance records (Regulation 15).
- 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.'.
Regulation 9 amends the Greater Manchester Combined Authority Order 2011 to introduce pension provisions related to remuneration.
It stipulates that where the Greater Manchester Combined Authority (GMCA) pays a 'relevant allowance' (excluding travel and subsistence), the recipient is entitled to a pension under a scheme made under the 2013 Act, and the GMCA must fund the resulting employer contributions.
- 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-
' 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.'.
Regulation 10 makes corresponding changes to the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014.
It installs a new framework (paragraphs 7B to 7D) which ensures that 'relevant allowances' (excluding travel and subsistence) paid by the Combined Authority generate pension entitlements under the 2013 Act scheme, requiring the Authority to make the necessary employer contributions.
- 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.'.
Regulation 11 amends the West Yorkshire Combined Authority Order 2014 by inserting a new paragraph 9B and defining 'relevant allowance' in 9C. This mandates that when the Combined Authority pays members a relevant allowance (excluding expenses), it must be pensionable under the 2013 Act scheme, and the Authority must cover the employer contribution costs.
- 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.
(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.'.
Regulation 12 updates the remuneration paragraph in the Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014.
It ensures that relevant allowances, excluding routine travel and subsistence expenses, are recognized and funded as pensionable pay under the 2013 Act scheme.
- 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 subparagraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.'.
Regulation 13 modifies the Tees Valley Combined Authority Order 2016.
It amends paragraph 7 to ensure that unless travel and subsistence expenses are involved, all other allowances ('relevant allowances') paid by the Combined Authority are pensionable under the 2013 Act, requiring the Authority to meet associated costs.
- 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 subparagraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.'.
Regulation 14 updates the West Midlands Combined Authority Order 2016 to reflect the pension rules.
It specifies that allowances paid by the Combined Authority, excluding those for travel and subsistence, are pensionable under the 2013 Act scheme, obligating the Authority to make the required employer contributions.
- In Schedule 1 to the West of England Combined Authority Order 2017( 26 ), 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 subparagraphs (2) or (3) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.'.
Regulation 15 amends the West of England Combined Authority Order 2017.
Similar to previous regulations, it integrates pension accrual based on relevant allowances (excluding travel and subsistence) paid by the Combined Authority, ensuring the allowance is treated as pensionable under the 2013 Act and that the Authority funds the contributions.
- 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 subparagraph (2) to any person referred to in that sub-paragraph, which is not an allowance for travel and subsistence.'.
Regulation 16 applies the standard pension funding mechanism to the Cambridgeshire and Peterborough Combined Authority.
It ensures that relevant allowances (excluding travel and subsistence) paid to members are pensionable under the 2013 Act, and the Authority must make the necessary employer payments.
- 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.
Regulation 17 removes paragraph 28 from a Greater Manchester Combined Authority Order related to the transfer of Police and Crime Commissioner functions, likely because the provisions in that paragraph are now superseded or made redundant by the broader changes introduced by these regulations.
- In Schedule 6 to the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021( 29 ) omit paragraph 28.
Regulation 18 omits paragraph 28 from the West Yorkshire Combined Authority Mayoral Election Order, removing potentially outdated or conflicting arrangements concerning remuneration or service, aligning it with the new structure.
- -(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.'.
Regulation 19 amends the York and North Yorkshire Combined Authority Order 2023 to incorporate pensionability for relevant allowances paid by the Combined Authority under the 2013 Act scheme.
This requires adjusting paragraph references and inserting the standard provision that mandates pension entitlement and employer contribution funding based on non-expense allowances.
- 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.'.
Regulation 20 updates the East Midlands Combined County Authority Regulations 2024.
It introduces a requirement for the Combined County Authority to ensure that relevant allowances paid to members are pensionable under the 2013 Act, covering the necessary employer costs, while specifically excluding allowances designated for travel and subsistence.
- 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-
'(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 subparagraphs (2) to (4) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.'.
Regulation 21 amends the North East Mayoral Combined Authority Order 2024.
It ensures that allowances paid by this Combined Authority, excluding those designated for travel and subsistence, are treated as pensionable pay under the 2013 Act, thus obligating the Authority to fund the associated employer contributions.
- 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.
Regulation 22 removes paragraph 28 from the South Yorkshire Mayoral Combined Authority Order, mirroring the clean-up actions taken for Greater Manchester and West Yorkshire concerning mayoral functions transfers.
- 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.'.
Regulation 23 amends the Hull and East Yorkshire Combined Authority Order 2025.
It introduces the structure ensuring that relevant allowances—excluding travel and subsistence—paid by the Combined Authority become pensionable under the 2013 Act, with the Authority responsible for funding the employer contributions.
- 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
- (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.'.
Regulation 24 modifies the Devon and Torbay Combined County Authority Regulations 2025.
It inserts provisions ensuring that relevant allowances (excluding expenses) are pensionable under the 2013 Act scheme, and the Combined County Authority must fund the associated employer contribution liabilities.
- 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 Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.
- 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.'.
Regulation 25 updates the Greater Lincolnshire Combined County Authority Regulations 2025.
It inserts new provisions to make relevant allowances pensionable under the 2013 Act scheme, requiring the Combined County Authority to cover the employer contributions associated with these allowances, while excluding subsistence and travel payments.
- 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.'.
Regulation 26 amends the Lancashire Combined County Authority Regulations 2025 to integrate pension entitlements based on remuneration.
It ensures that relevant allowances (excluding travel and subsistence) paid by the Combined County Authority are pensionable under the 2013 Act, necessitating the Authority to fund the resulting employer contributions.
- In the Schedule to the Cumbria Combined Authority Order 2026( 38 ) 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) 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 subparagraph (2) to any person referred to in that sub-paragraph, which is not an allowance for travel and subsistence.'.
Regulation 27 updates the Cumbria Combined Authority Order 2026.
It amends the remuneration section to enact the pension provisions, meaning relevant allowances paid by the Combined Authority (excluding expenses) are pensionable under the 2013 Act, with the Authority responsible for the required employer payments.
- 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 subparagraph (2) to any person referred to in those sub-paragraphs, which is not an allowance for travel and subsistence.'.
Regulation 28 amends the Cheshire and Warrington Combined Authority Order 2026.
It inserts provisions making relevant allowances (excluding travel and subsistence) pensionable under the 2013 Act scheme, ensuring the Combined Authority funds the consequent employer contributions.
We consent to the making of these Regulations
23rd March 2026
Christian Wakeford Taiwo Owatemi Two of the Lords Commissioners of His Majesty's Treasury
This confirms the formal consent given by two Lords Commissioners of His Majesty's Treasury on March 23rd, 2026, which is required by statute for the regulations to be made.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
24th March 2026
Alison McGovern Minister of State Ministry of Housing, Communities and Local Government
This section shows the authority under which the originating department signed the document, confirming the Secretary of State's delegation to the Minister of State to sign on March 24th, 2026.
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.
The Explanatory Note summarizes the purpose of the Regulations: extending LGPS membership to elected members (councillors/mayors) across England regarding various tiers of local government.
It outlines the key actions: inserting new Part 4 and Schedule 4 into the 2013 Regulations to define roles and modify scheme rules (e.g., pensionable pay, benefit aggregation); designating scheme employers (Reg 5); clarifying transfer payment treatment (Reg 7); mandating the pensionability of allowances under 2003 Regulations (Reg 8); and making consequential pension amendments across numerous specific Combined Authority/County Authority Orders (Regs 9-28).
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