Purpose

To ensure that the Combined Authority’s Constitution is up to date, fit for purpose and reflects the current statutory position.

Decision

Previously, the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 removed elected Members access to the Local Government Pension Scheme.

The Local Government Pension Scheme (Amendment) (Elected Member Pensions) Regulations 2026 are due to come into force on 11th May 2026.

As a result of the 2026 Regulations multiple amendments have been made to West Yorkshire Combined Authority’s founding 2014 and 2021 Orders.

As such the Regulations now enable elected members in England, in respect of their elected office, to become members of the Local Government Pension Scheme (LGPS) once again.

This will be on an opt in basis from 11 May 2026.

Where the Combined Authority pays a ‘relevant allowance’ to elected members or office-holders (other than travel and subsistence), those allowances are treated as pensionable, and the Combined Authority is required to meet the associated employer pension costs.

As such amendment needs to be made to the Combined Authority’s Constitutional documents to ensure this change in position is reflected in the Constitution.

A new section has been inserted into the Members Allowance Scheme of the Constitution at Paragraph 13 to reflect the new statutory position and ensure the Constitution remains accurate and fit for purpose. This is attached to this Written Record of Officer Decision for approval by the Assistant Director Legal, Governance, & Compliance.

Alternative options considered

Option 1 -
Option 2 -
Option 3 -