Pension Schemes Bill

Baroness Scott of Bybrook Excerpts

Committee stage
Wednesday 14th January 2026 Grand Committee

[Baroness Scott of Bybrook (Con)]

My Lords, I declare my interest as a vice-president of the Local Government Association and of the National Association of Local Councils. I support my noble friend’s Amendment 20. I do not intend to relitigate the arguments that have already been so clearly set out, but I wish to underline how pressing this issue becomes in the context of local government reorganisation.

Local government reorganisation introduces a level of structural uncertainty that pension schemes are simply not designed to absorb without flexibility. In particular, the costs facing pension schemes will not be ring-fenced during the LGR. In those circumstances, it is not inevitable that administrating authorities will respond with increased prudence. If so, does that not risk higher contribution rates being locked in? This would not be because of deteriorating fundamentals, but because of the uncertainty created by this Government.

There is also a timing problem. We do not yet know when the LGR will take place. It may well fall outside the actuarial valuation window, which would make access to interim contribution reviews not merely helpful but essential. Without them, schemes and employers can be left operating on assumptions that no longer reflect the reality of the structures beneath them.

I would also be grateful if the Minister would clarify the position on valuation cycles. In 2025, we did not set contribution rates for a three-year period. We face the very real prospect that some councils, whose rates are now being set, may not even exist by the time the next triennial valuation takes place.

This leads me to funding strategy statements. In the Minister’s view, have councils been given sufficient guidance from the Government to prepare these statements appropriately in the context of the LGR? These documents underpin long-term funding assumptions, yet many authorities are being asked to draft them without clarity on their future form or boundaries.

Finally and critically, the treatment of assets and liabilities following reorganisation must be handled with absolute care. Ensuring that these are carved up fairly and accurately post-LGR is vital to maintaining confidence in the system. That process must be demonstratively independent, transparent and robust, not left to negotiation under pressure.

Amendment 20 seeks not to obstruct reform but to ensure that, during a period of structural upheaval, pension schemes are not forced into unnecessary rigidity, excessive prudence or long-term misallocation of risk. For these reasons, I strongly support the principle behind the amendment.

[Lord Fuller (Con)]

My Lords, I rise ahead of the noble Lord, Lord Davies—perhaps he can follow me and say how much he agrees with me this time. I support my noble friend’s Amendment 20 and will echo some of my noble friend Lady Scott’s points. Although promises made to members, once earned, are inviolate, the costs fall on the local taxpayer and employees, based on regular re-evaluations. These re-evaluations come thick and fast, rather like painting the Forth Bridge: once you have completed one, you start the next. I strongly support my friends in advancing the new clause, because it would place interim reviews on a statutory basis. However often and regularly they come, there will always be exceptional circumstances where a valuation is needed.

Like my noble friend Lady Scott, I think that structural change is an obvious circumstance where an interim review is not just needed but required. I will give an example. Local government workers can retire early on a full pension, having attained the age of 55, if they are made redundant on efficiency grounds. Local government reorganisation is nearly always, automatically, retirement on efficiency grounds. I estimate these strain costs, to be borne by the employer and local taxpayers, to be in excess of £1 billion, and we know that none of these figures have been taken into account in any of the financial analysis that the department has relied on to advance its plans for local government reorganisation.

That aside, the extreme turbulence caused by a comprehensive LGR—not just the odd county here or there but a comprehensive LGR by 2028—may require an interim review of employers’ rates, because of the different styles of councils being rammed together, as I explained earlier: operating versus outsourced. Without a reworking, schemes and employers could be operating not just on assumptions that no longer reflect the reality but on councils that do not even exist any more.

Administering authorities are being left in limbo as it is, so there must be at least the option to recalibrate the treatment of assets and liabilities following the reorganisation, representing a new landscape. This is important, as the noble Baroness, Lady Altmann, said, partly because of such a dramatic variation between the contribution rates of particular employers. But I do not agree with her reasoning because, as I tried to say on an earlier group, this is important because you cannot have one employer cross-subsidising another. I know it is not my role to debate the noble Baroness—that is for the Minister—but I seek to be helpful on this. The contribution rates have to bear in mind all the variabilities from one employer to another. There is a world of difference between a charity that is nearly bankrupt, for which the contributions are payable at that point, and a large tax-raising council with many thousands of employees to jam-spread the contributions over.

That is why it is proper that there are these variations; they are there for a good reason. Unfair as it may seem, that is the arithmetic. Otherwise, we end up with the moral hazard of the weakest employers, with the poorest covenant strength, going bust and everybody else having to pay for it. I realise that is not entirely encompassed by Amendment 20, but I wanted to respond to the noble Baroness because I have been in this situation in a fund of which I am a trustee, and that is what we had to do.

--- Later in debate ---

[Lord Katz (Lab)]

My Lords, I shall now respond to Amendments 20 and 20A. I am grateful to the noble Viscount, Lord Younger of Leckie, and the noble Baronesses, Lady Stedman-Scott and Lady Altmann, for tabling them. Amendment 20 seeks to revise the existing LGPS regulations to make it easier for employers in the scheme to request interim reviews of contribution rates. I welcome the intention to increase flexibility in how surpluses in the LGPS are treated, but it is crucial for any flexibility to be underpinned by robust safeguards to protect the long-term funding position of those funds. It is important, equally, to make the distinction between how surpluses are treated in the LGPS scheme and in other defined benefit schemes. At the risk of repeating my words on the previous group, within other defined benefit schemes, trustees can choose to release surplus where scheme rules allow. Clauses 9 and 10, which we cannot wait to get to, will increase that flexibility.

In the LGPS, the triennial valuation process already ensures that contribution rates are reviewed every three years and enables withdrawal of surplus through reduced contribution rates where it is prudent to do so. The interim review process is available as an additional mechanism to allow scheme employers, particularly those at risk of exiting the scheme, to seek lower contribution rates between valuations. Interim reviews may take place if it appears likely to the administering authority that the liabilities have changed significantly since the last valuation, if there has been significant change in the ability of employers to meet their obligations or if the employer has requested a review.

I welcome the call from noble Lords opposite to make interim reviews easier to understand and more transparent. I agree that regulations on interim reviews require revision, including on these points. Indeed, the department has already stated this in a letter to administering authorities—that was in March 2025. I understand the point that the noble Baroness, Lady Stedman-Scott, was making about the vicissitudes of the market and other changes that occur. Without wishing to be overly sarcastic, we could posit having reviews on an almost continual basis to try to anticipate market movements, changes in demographics or other external shocks. I am not for a minute suggesting that that was the intention behind the amendment, but it proves the point that, if we are going to break up the cycle of valuation, when and how we do it is a question for further debate. That possibly addresses some of the points that the noble Baroness, Lady Scott of Bybrook, was making as well. It is important that any changes to regulations are properly considered and avoid unforeseen consequences.

[Baroness Scott of Bybrook (Con)]

The reorganisation is very different from the day-to-day running of the local authorities. Once they are reorganised, it will calm down and balance out again. But what worries me is whether the Government are working with local government pension schemes on the impact of these changes. If not, why not and will they do so?

[Lord Katz (Lab)]

Actually, the noble Baroness, Lady Scott, anticipates this, which is actually useful on the point that my noble friend made. I will come to that in a second. I was just about to say that of course we are aware. I am afraid that the noble Baroness was not in her place when we discussed local government reorganisation in the first group, earlier this afternoon in Committee.

Actuaries are aware of the local government review and the potential impact on contribution rates. In response to this, actuaries could have a number of options. They could calculate a harmonised contribution rate for the new unitary authorities proposed, set out a path to target harmonised contribution rates if desired or continue to treat them separately and do a contribution review when the local government reorganisation position is clearer.

This is probably as good a point as any to reassure my noble friend Lord Davies of Brixton, whose mastery of technology never fails to impress: my colleagues from the MHCLG very much support the DWP on this Bill and we are working collectively on elements that relate to the Local Government Pension Scheme; so do not worry about that.

It is important that any changes to regulations are properly considered and avoid unforeseen consequences. The views of employers, funds and others within the sector are a vital part of this process, and making amendments to this Bill would prevent the sector and scheme employers from having their say on whether the change will work for them. The department has already committed to launching a consultation this year, which will cover the full range of issues with the current rules.

Amendment 20A, tabled by the noble Baroness, Lady Altmann, seeks to benchmark Local Government Pension Scheme employer contributions on an annual basis. I recognise the noble Baroness’s desire to increase transparency on employer contributions and to set them in a wider context, including council tax. LGPS funds are already required to publish a valuation report and a rates adjustment certificate following each valuation. This certificate sets out the employer contribution rates as a percentage of pay to be paid by each employer in the fund in each of the three years of the valuation period. Employer contribution rates are set locally and vary widely across the scheme, depending on the funding level of the fund and the covenant of the individual employer. It is not appropriate to set a benchmark for employer contributions for funds as this would compromise local accountability.

I will come on to talk a little about council tax rates and contributions, because they have been mentioned by many noble Lords. Before that, I repeat the point I made in the previous group. I am afraid that the amendment seems to neglect the fact that 50% of LGPS employer contributions are paid by employers that are not local authorities, so we cannot focus on just council tax as the be-all and end-all.

However, those local authority employers do make up half that funding. Those local authority employers in the LGPS meet the cost of employer contributions from their total income, of which council tax is only a proportion. It varies considerably among different councils across the country, depending on their other sources of income, which are myriad. They include business rates, grants, Section 106 contributions and CIL. They can include any income gained from other charges and levies, whether parking or licensing. The list goes on. I defer always to the noble Lord, Lord Palmer, and his decades of experience on my next-door council, Barnet. He and noble Lords in the Room will understand the wide range of income sources that councils have.