On the 14th May 2021 the Local Government Minister issued a written statement confirming the key changes to scheme regulations that will be made to remove age discrimination from the LGPS. You can view the statement on the UK Parliament website at:-


In short, the statement confirms the following

  • The age requirement for underpin protection will be removed

  • A member will not need to leave with an immediate entitlement to benefits to qualify for underpin protection

  • The remedy period will end on 31 March 2022

  • The underpin calculation will be based on final pay at the underpin date, even if this is after 31 March 2022

  • There will be two stages to the underpin calculation: the first on the underpin date which is the date of leaving or age 65, if earlier, the second when the benefits are paid

  • The regulations will be retrospective to 1 April 2014.


It is expected the Ministry for Housing, Communities and Local Government (MHCLG will issue a response to the consultation and publish draft regulations later this year.  We will of course keep our members up to date with any changes as and when we are made aware of them.