Update on the LGPS ‘Access and Fairness’ Changes
As mentioned in our previous article about the Government’s response to the ‘Access and Fairness’ consultation, legislation implementing the changes was expected in March. The Local Government Pension Scheme (Miscellaneous Amendments) (Member Benefits) Regulations 2026 were laid on 6 March and came into force on 1 April 2026.
The Statutory Instrument covers the phase one changes only. Phase two changes will follow later in the year. The main changes in phase one that may affect you as a member of the Scheme are listed below.
Survivors Benefits & Death Grants:
- Equalisation of survivor benefits (so that there are no gender-based differences), with some calculations backdated to 5 December 2005 for opposite sex marriages and same sex civil partnerships. Where necessary, we will recalculate survivor pensions and pay arrears with interest.
- Removal of the age 75 limit for death grant eligibility (backdated to deaths from 1 April 2014). We are working to identify any death grants in respect of members who died after age 75 since April 2014. Where necessary, we will contact beneficiaries or personal representatives to arrange payment.
- Removal of the requirement to nominate cohabiting partners to receive a survivor’s pension under the 2008 Scheme.
- Removal of requirement to pay a death grant to personal representatives if not paid out within the ‘two-year period’.
Gender Pensions Gap:
- Authorised unpaid absences of 14 days or less will be automatically pensionable. You and your employer will both pay the pension contributions that would have been paid if you were at work receiving your normal pay.
- Definition of child-related leave updated to include all unpaid additional maternity, adoption and shared paternal leave. This means that you will not need to buy back lost pension for these types of leave if the relevant period started on or after 1 April 2026. You will continue to build up pension as if you were receiving normal pay.
Qualifying additional pension arrangements (QAPAs):
- For authorised but unpaid absences of more than 14 days after 31 March 2026, the cost of buying back ‘lost’ pension will now be through a Qualifying Additional Pension Arrangement (QAPA) rather than an APC and will be based on normal contribution rates.
- The buy-back election window for a QAPA will be 12 months (an increase from 30 days for a lost pension APC), provided you remain in the same employment.
- Pension bought through a QAPA will mirror normal pension built up: it will count towards the calculation of survivor pensions and won’t be reduced if you retire on redundancy or efficiency grounds.
We are currently working through implementing the changes. Please bear with us through this transition period as we make the necessary amendments to our website, software system and relevant communications.