The Local Government Pension Scheme (Elected Member Pensions) (Consequential Amendment) Regulations 2026
Expanded pension eligibility to include elected members and mayors of the Sussex and Brighton Combined County Authority.
These Regulations amend the Sussex and Brighton Combined County Authority Regulations 2026 to grant elected members of that authority access to the Local Government Pension Scheme.
They mandate that any allowance paid to a member, excluding travel and subsistence, is treated as pensionable income.
The Sussex and Brighton Combined County Authority is directed to make the necessary employer contributions and payments to fund these pension benefits for its members.
Arguments For
The explanatory note states that these amendments ensure the Sussex and Brighton Combined County Authority is treated consistently with all other combined authorities regarding pension provisions.
The document indicates the changes follow the Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026, which extended membership to elected members of local authorities in England, including mayors.
The instrument asserts that it requires authorities to make employer contributions and other necessary payments to fund pension benefits attributable to relevant allowances.
Arguments Against
The document notes that no impact assessment was produced, which may lead to questions regarding the specific financial burden on the local authority's budget.
Legal analysts might note that the regulations rely on a cross-reference to the Public Service Pensions Act 2013, making the full scope of benefits dependent on the terms of that separate statutory framework.
Critics of local government expansion might question the increased administrative and financial costs associated with providing pensions to elected members who were previously ineligible.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Local Government Pension Scheme (Elected Member Pensions) (Consequential Amendment) Regulations 2026 and come into force on 11th May 2026.
- (2) These Regulations extend to England and Wales.
This section establishes the official name of the regulations and sets the date they become legally active as 11 May 2026.
It specifies that the legal reach of these provisions is limited to the jurisdictions of England and Wales.
Amendment of the Sussex and Brighton Combined County Authority Regulations 2026
- In the Schedule to the Sussex and Brighton Combined County Authority Regulations 2026( 3 ), in paragraph 7 (remuneration)-
(a) in the heading, after 'remuneration' insert 'and pensions';
(b) in sub-paragraph (1), for 'and (3)' substitute 'to (3A)';
(c) after sub-paragraph (3) insert-
'(3A) 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 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 Combined County Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.
(3B) In sub-paragraph (3A), 'a relevant allowance' means an allowance paid under sub-paragraph (2), which is not an allowance for travel and subsistence.'.
This section modifies the governing regulations of the Sussex and Brighton Combined County Authority to include pension provisions for its members.
It creates a legal entitlement for individuals receiving a 'relevant allowance'—definedPort as remuneration excluding travel and subsistence—to participate in a public service pension scheme.
It further compels the Authority to fund these pensions by making all required employer payments and contributions.
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