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Local Government Pension Scheme Regulations (Northern Ireland) 2000

Type Ni-Statutory-Rule

Publication 2000-05-19

Last updated 2019-11-18

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Reform history JSON API

(1) Without prejudice to the previous provisions of this Schedule, a person who has made, or whose widow or widower has made, one or more payments under regulation C7(15) or (19) of the 1992 regulations is entitled to count as a period of membership in whole-time service an additional period of an amount equal to the appropriate proportion of the additional period specified in the notice of election under regulation C7(5) of the 1992 regulations.

(2) In sub-paragraph (1) the “appropriate proportion” means the proportion which the person’s contractual hours of employment as at the relevant date (within the meaning of paragraph 2 of Schedule 10 to the 1992 regulations) bears to the contractual hours of a comparable whole-time employment as at that date.

(3) Where a person has become entitled under sub-paragraphs (1) and (2) to count an additional period as a period of membership in whole-time service by virtue of a lump sum payment having been made in accordance with regulation C7(19) of the 1992 regulations—

(a) the additional period shall be treated as having been able to be counted at the time when the person ceased to be a member; and

(b) the person shall be entitled to receive, within one month after making the lump sum payment, a sum equal to the additional amount he would have received if any benefits already paid to him had been calculated by reference to the increased period of membership.

(4) Regulation C17 (notice to discontinue contributions) applies to payments under regulation C7(15) of the 1992 regulations as it applies to the payments there mentioned, and a person who so discontinues such payment shall be entitled to count under sub-paragraphs (1) and (2) as membership in whole-time service an additional period equal to the appropriate proportion of the length of the period of membership in whole-time service which he would have been entitled to count under that paragraph if payment had been completed.

(5) Where a person began to make payments under regulation C7(15) of the 1992 regulations but ceases to be a member before he has completed payment of the sum payable by him under regulation C8(9) of those regulations—

(a) if he so ceases on his death or on ceasing to hold his employment by reason of permanent ill-health or infirmity of mind or body, he shall be treated as having completed payment of that sum;

(b) except where paragraph (c) applies, if he so ceases for any other reason he shall be entitled to count under sub-paragraphs (1) and (2) as membership in whole-time service an additional period equal to the appropriate proportion of the period of membership in whole-time service which he would have been entitled so to count if payment had been completed; and

(c) if he so ceases by reason of his ceasing to be employed by a LGPS employer and within one month after the date on which he so ceases he pays the Committee a capital sum equal to the total of the instalments remaining unpaid, he shall then be treated as having completed payment.

(6) In sub-paragraphs (4) and (5) “appropriate proportion” means the proportion which the aggregate of the total amount paid by way of instalments under paragraph (15) of regulation C7 of the 1992 regulations and this paragraph and the amount paid or payable by the employing authority under paragraph (13) or, as the case may be, paragraph (14) of that regulation and under this paragraph bears to the total sum payable by him and his employing authority under those provisions.

Incomplete payments under provisions saved by this Schedule

6

Regulation C20 (effect of opting out of membership on certain additional payments) applies where a person is by virtue of this Schedule continuing to make additional periodical payments in pursuance of the 1992 regulations or the 1981 regulations as it applies where he has elected to make payments under regulation C9, C13 or C14.

7

Regulation C19(7) shall apply to a person who has given notice under paragraph (2) of regulation C8 of the 1992 regulations (discontinuance of payments under regulation C5 of those regulations on making an election under regulation C7 of those regulations) as if payment of additional contributions under regulation C8 had been discontinued under regulation C18.

Continuing provision relating to payments originally made under the 1981 regulations

8

Without prejudice to paragraph 1, Schedule 10 to the 1981 regulations shall be deemed to have continued to have effect in relation to any payments under regulation 43 of the 1981 regulations which remain payable by virtue of paragraph 1.

Reduction of added years

9

Notwithstanding the revocation of regulation D8 of the 1992 regulations (reduction of added years reckonable on payment as reckonable service), in so far as that regulation is capable of continuing to have effect it shall continue to do so.

Reduction of returned contributions in certain cases

10

Notwithstanding the revocation of regulation C17 of the 1992 regulations (reduction of returned contributions following payment in lieu of contributions), in so far as that regulation is capable of continuing to have effect it shall continue to do so.

SCHEDULE D1 — Further provisions about pensionable remuneration

Increase of pensionable remuneration where not all relevant period is a period of membership

1

Where a person is entitled to count as a period of membership in relation to the employment which he ceases to hold only part of the year specified in regulation D1(2)(a), his pensionable remuneration is his remuneration during that part multiplied by 365 and divided by the number of days in that part.

Optional alternative relevant periods

2

(1) Where the circumstances mentioned in any of paragraphs 3 to 5 apply, then if—

(a) the member or former member so elects, or

(b) in the event of his death, the Committee so determines,

for the purposes of regulation D1 the relevant period is the period mentioned in that paragraph.

(2) An election under sub-paragraph (1) shall be made by a notice in writing given by the member or former member to the Committee not later than one month after he is notified under regulation J4 of his entitlement to a benefit.

(3) Where a person dies while still in local government employment or without having made an election under sub-paragraph (1), the Committee may give a determination in respect of any matter as to which an election under sub-paragraph (1) may have been made by him.

3

Subject to paragraphs 4 and 5, where a person is not entitled to count the whole of the period which would otherwise be the relevant period under regulation D1(2)(a) as a period of membership because he has been absent from duty (otherwise than by reason of illness or injury), the relevant period is the last 365 days which he is entitled to count as a period of membership.

4

(1) Where a reduction in a member’s remuneration is certified as material under this paragraph, then the relevant period is—

(a) such one of the last 5 of the 13 years ending with the day on which he ceases to be a member, or

(b) such consecutive 3 of those 13 years,

as he may elect (or, in a case within paragraph 2(3), as may be determined by the employing authority).

(2) Where by virtue of this paragraph the relevant period is a period of 3 consecutive years, the member’s pensionable remuneration is the aggregate of his remuneration during that period divided by three.

(3) Subject to sub-paragraph (7), where a member suffers a material reduction in remuneration he is entitled to be issued with a certificate to that effect by the employing authority.

(4) A member suffers a reduction in remuneration if—

(a) the remuneration of an employment which he continues to hold is reduced, or

(b) he is transferred to another employment under the same LGPS employer at a reduced remuneration.

(5) Subject to sub-paragraph (6), a reduction in remuneration is only material if it is such that the member’s pensionable remuneration would be likely to be less if the relevant period were the period applicable under regulation D1(2)(a) than if it were the period applicable under sub-paragraph (1).

(6) A reduction in remuneration is not material if—

(a) it did not result from circumstances beyond the member’s control, or

(b) it was temporary, or

(7) The employing authority may issue a certificate without an application from the member, but need not issue a certificate if he does not apply for one within 12 months after the date of reduction.

(8) A certificate issued under this paragraph is to specify the date of the material reduction and the authority is to keep, for 10 years from that date, a record of the certificate including such information as would be necessary for applying sub-paragraph (1).

5

Where the member’s pensionable remuneration would be higher if either of the two years immediately preceding the period applicable under regulation D1(2)(a) were the relevant period instead of that period, the relevant period is whichever of those years yields the highest amount.

Periods of absence

6

If during the 13 years ending with the day mentioned in regulation D1(2)(a) the member’s remuneration was reduced or suspended during absence from duty—

(a) if the reduction or discontinuance was by reason of illness or injury, or

(b) if it was otherwise than by reason of illness or injury and he—

(i) made contributions under regulation C5 (leave of absence), C6 (maternity absence) or a payment under regulation C7 (absence due to trade dispute), or

(ii) contributed under regulation 14(4) or (5) of the 1981 regulations or the corresponding provisions of the former regulations,

he is for the purposes of regulation D1 and this Schedule to be treated as having received for any period in respect of which he made such contributions or payment the remuneration which he would have received but for the reduction or discontinuance.

Part-timers

7

Subject to regulations E7 and F1(3) and paragraph 9(2) of Schedule M2, for the purposes of regulation D1 and this Schedule, a member is, in respect of any period of part-time local government employment, to be treated as having received the remuneration which would have been paid in respect of a single comparable whole-time employment.

Multiple employments

8

Where—

(a) a person was at any time employed in a single local government employment (“the first employment”),

(b) he becomes entitled to a benefit in relation to one of two or more concurrent local government employments (“the second employment”), and

that remuneration shall for that purpose be reduced to such amount as bears the same relation to it as the annual rate of remuneration of the second employment at the date when he ceased to hold that employment bears to the total of the annual rates of remuneration of all the concurrent employments at that date.

Fee earners

9

Where the whole or a part of the member’s remuneration consists of fees, his pensionable remuneration in respect of them is the annual average of the fees earned by him—

(a) during the period of three years ending with the last day of the period which is the relevant period for the purposes of regulation D1,

(b) during such more favourable period, of more than three but not more than five years, ending with the last day of the period which is the relevant period for the purposes of regulation D1, as his last employing authority may allow, or

(c) if he was entitled to receive fees during part only of the period mentioned in paragraph (a), during that part of the period.

Employees with notional remuneration

10

(1) Where—

(a) any of a member’s remuneration during the period which is the relevant period for the purposes of regulation D1 was determined in accordance with an agreement under paragraph 7 of Schedule C1 (notional remuneration),

(b) his average weekly earnings from his local government employment in that period (other than payments for overtime and payments by way of bonus) are within the relevant limits, and

his pensionable remuneration is to be determined by reference to those earnings.

(2) For the purposes of sub-paragraph (1) earnings are within the relevant limits if they—

(a) exceed by more than 50 per cent. the lower earnings limit at the end of the relevant period, and

(b) do not exceed the upper earnings limit at the end of that period.

(3) In this paragraph “lower earnings limit” and “upper earnings limit” have the same meaning as in the Pension Schemes (Northern Ireland) Act 1993.

SCHEDULE D2 — Retirement Grants

Reduction in standard retirement grant on account of contingent spouse’s pension

1

Subject to paragraph 4, where—

(a) a person who is a married man has a period of membership before 1st April 1972; and

(b) a widow’s pension may become payable in respect of him under Part F,

the standard retirement grant is reduced by two-eightieths of his pensionable remuneration, multiplied by the length in years of that period of membership.

2

(1) Subject to paragraph 4, where—

(a) a woman has a period of membership of which notice has been given under paragraph 1(1) of Schedule F1 and which is or is treated for the purposes of this paragraph as being a period of membership before 1st April 1972, and

(b) either—

(i) she is a married woman and a widower’s pension may become payable under Part F in respect of that service, or

(ii) she is a widow or a woman whose marriage has been dissolved and the death or, as the case may be, the dissolution occurred after 31st March 1972,

the standard retirement grant is reduced by three one hundred and sixtieths of the pensionable remuneration, multiplied by the length in years of any such membership as is mentioned in paragraph (a).

(2) For the purposes of this paragraph a period of membership which a person is entitled to count under regulation K15 shall be treated as being a period of membership after 31st March 1972 if the relevant transfer value was accepted after 5th April 1988.

3

(1) Subject to paragraph 4, where the person—

(i) is a widower;

(ii) is judicially separated from his wife; or

(iii) is a man whose marriage has been dissolved;

the standard retirement grant is reduced by two eightieths of his pensionable remuneration, multiplied by the length in years of any period of membership before 1st April 1972, or, if earlier, the date of the death, separation or dissolution.

4

In calculating any reduction under paragraph 1, 2 or 3, no account shall be taken of any period of membership in respect of which payment under regulation C13 has been or is to be treated as having been completed.

SCHEDULE D3 — Additional membership in cases of ill-health

“Relevant service” and “relevant membership period”

1

(1) For the purposes of this Schedule—

(a) a member’s relevant service is so much of his contributing service and non-contributing service as did not consist of years added to his service—

(i) under regulation 43 of the 1981 regulations, or

(ii) the corresponding provisions of the former regulations,

(b) a member’s relevant membership period is the total of—

(i) any period of membership deriving from relevant service which became reckonable service by virtue of regulations 39 and 40(1)(a) of the 1981 regulations, and

(ii) any subsequent period of membership (other than a period excluded by sub-paragraph (2)),

(c) in sub-paragraph 1(b)(ii) “subsequent period of membership” does not include an additional period purchased by lump sum or additional contributions except, subject to sub-paragraph (d) below, the additional period was purchased on or after 1st November 1991 under regulation 11 of the Local Government (Superannuation) (Amendment No. 2) Regulations (Northern Ireland) 1991[^f00097] or regulation C7 of the 1992 regulations, and

(d) where the additional membership period to which a person is to be treated as being entitled would be a longer period if, in calculating a person’s relevant membership period, an additional period purchased under regulation 11 of the Local Government (Superannuation) (Amendment No. 2) Regulations (Northern Ireland) 1991 or under regulation C7 of the 1992 regulations were to be disregarded instead of being taken into account, the additional period so purchased shall be disregarded.

(2) The subsequent period of membership mentioned in sub-paragraph (1)(b)(ii) does not include an additional period purchased by a lump sum or additional contributions unless—

(a) it was purchased on or after 1st November 1991 under regulation 46A of the 1981 regulations or under regulation C7 of the 1992 regulations as continued in effect by Schedule C5, and

(b) taking that period into account results in an increase in the additional period.

Calculation of additional membership period

2

(1) Subject to paragraphs 3 and 4, the additional membership period is—

(a) in a case where the length of the relevant membership period is less than 10 years, a period equal to the length of the relevant membership period; and

(b) in any other case—

(i) the period by which the length of the relevant membership period falls short of 20 years, or

(ii) if longer, 6 243/365 years.

(2) The additional membership period is not to exceed the period by which the member’s period of membership would have been increased if he had continued in the employment which he has ceased to hold until—

(a) he attained the age of 65 years, or

(b) if earlier, the date when his period of membership amounted to 40 years.

Alternative additional periods

3

(1) Subject to paragraph 4, where before entering the employment which he has ceased to hold the person had, on ceasing to hold a previous employment, become entitled to benefits—

(a) under regulation D7(1) or regulation E2(1)(b)(i) of the 1992 regulations, or

(b) under regulation 9(1)(a)(i) of the 1962 regulations, and regulation 18(1)(b)(i) of the 1981 regulations,

the additional period in relation to a person shall be a period calculated as mentioned in paragraph 2, but—

(i) on the assumption that his relevant membership period includes his relevant membership period (or, as the case may be, the period of his relevant service) in relation to the previous employment, and

(ii) with the deduction of the appropriate period.

(2) In sub-paragraph (1)(ii) “the appropriate period” means—

(a) in the case mentioned in sub-paragraph (1)(a), the additional period which became reckonable in relation to the previous employment by virtue of regulation D7(2) and this Schedule or, as the case may be, regulation E3(9) of and Schedule 9 to the 1992 regulations, and

(b) in the case mentioned in sub-paragraph (1)(b), if the person’s retirement pension in respect of a previous employment was calculated under the proviso to regulation 10(1) of the 1962 regulations before the amendment of those regulations by the Local Government (Superannuation) (Amendment) (No. 2) Regulations (Northern Ireland) 1973[^f00098]—

(i) the period by which his relevant service fell short of 20 years, or

(ii) the period by which it would have been increased if he had continued in the previous employment until he reached the age of 65 years, as the case may be.

Part-timers

4

(1) Where—

(a) the whole of a member’s relevant membership period is in respect of part-time service, and

(b) the reduction under regulation B14(1)(b) is by the same proportion in respect of the whole period,

the additional membership period shall be determined in accordance with paragraphs 1 to 3 by reference to the period which would be the relevant membership period if the reduction required by regulation B14(1)(b) were not made (“the unreduced period”), and then the period resulting from the application of those provisions shall be reduced as mentioned in that regulation.

(2) Where—

(a) the whole of a member’s relevant membership period is in respect of part-time service, and

(b) different proportionate reductions fall to be made under section B14(1)(b) in respect of different parts of the relevant membership period,

the additional membership period shall be determined in accordance with paragraphs 1 to 3 by reference to the period which would be the relevant membership period if the reductions required by regulation B14(1)(b) were not made (“the unreduced period”), and then—

(i) the period resulting from the application of those provisions shall be apportioned between the different parts mentioned in sub-paragraph (b) in proportion to the respective lengths of the parts of the unreduced period attributable to each of them,

(ii) each such apportioned part of the unreduced period shall be reduced as mentioned in that regulation, and

(iii) those reduced periods shall be aggregated together.

(3) Subject to sub-paragraph (4), where part only of a member’s relevant membership period is in respect of part-time service, the additional membership period for the whole of his relevant membership period shall be determined in accordance with paragraphs 1 to 3 (and, in so far as the membership in respect of part-time service is concerned, by reference to the unreduced period), and then the period resulting from the application of those provisions (“the aggregate unreduced period”) shall be reduced by multiplying it by the fraction of which—

(a) the numerator is the member’s relevant membership period, determined, in so far as any membership in respect of part-time service is concerned, with the reduction required by regulation B14(1)(b) (and, where different proportionate reductions fall to be made under regulation B14(1)(b) in respect of different parts of the relevant membership period, determining the overall reduction as mentioned in sub-paragraph (2) above), and

(b) the divisor is the aggregate unreduced period.

(4) Where—

(a) apart from this sub-paragraph, sub-paragraph (3) would apply, and

(b) the member’s relevant membership includes not less than 13 121/365 years in respect of whole-time service,

then sub-paragraph (3) shall not apply.

(5) Where a member is in part-time service and his contractual hours are determined as mentioned in sub-paragraph (iii) of the definition of “contractual hours” in regulation B3(4), (non-cyclical fluctuation) then, for the purposes of this paragraph—

(a) the lengths of the parts of the relevant membership period by reference to which different proportionate reductions fall to be made under regulation B14(1)(b) shall be determined by reference to the periods mentioned in that sub-paragraph, and

(b) the reduction under that regulation in respect of any such period shall be made by reference to the contractual hours over that period as determined under that sub-paragraph.

SCHEDULE D4 — Procedure for surrender of part of retirement pension

1

The Committee shall send to each person who becomes eligible to surrender part of his retirement pension, on his first becoming so eligible, a notice stating—

(a) that provision has been made by these regulations for the surrender of part of a retirement pension to a spouse or dependant; and

(b) that he may, on application to the Committee, obtain further information on the subject.

2

(1) Subject to sub-paragraph (3), where a person wishes to make a surrender he may within the relevant period notify the Committee in writing of his wish to surrender a part of that retirement pension.

(2) In sub-paragraph (1) “the relevant period” in relation to a member or former member, means—

(a) in the case of a person who on ceasing to hold his employment becomes entitled to a retirement pension (in this Schedule referred to as “a retiring employee”) not more than two months before or within one month after the date on which he ceases to be employed; and

(b) in the case of a person who would, if he were to retire from his employment, become entitled to a retirement pension (in this Schedule referred to as “a continuing employee”), within two months before or at any time after becoming a continuing employee and while he is still employed.

(3) Where the Committee is satisfied that it has not been reasonably practicable for a retiring employee to notify his wish to surrender a part of a retirement pension within the relevant period owing to circumstances beyond his control, it may extend that period to a date not more than six months after the date on which he ceases to be employed.

3

(1) Subject to sub-paragraphs (2) and (3), where the Committee receives a notification given by a person under paragraph 2, it shall—

(a) immediately arrange for him to be examined at his own expense by a registered medical practitioner nominated by it and for a report to be given to it by the practitioner stating whether, in his opinion that person is in good health for his age; and

(b) require the person to furnish at his own expense—

(i) a certificate of his birth (except where the date of birth has been duly recorded by the Committee and is not disputed);

(ii) where the beneficiary is the person’s spouse, the spouse’s birth certificate and their marriage certificate;

(iii) where the beneficiary is a dependant, the dependant’s birth certificate and such evidence as may be appropriate to prove dependency,

and any other information or evidence which the Committee considers necessary.

(2) Where the report under sub-paragraph (1)(a) is to the effect that the person is not in good health, the Committee shall notify him accordingly and offer him an opportunity of a further examination at his own expense by some other registered medical practitioner nominated by it with a view to that practitioner reporting to it on the state of the person’s health.

(3) If for any reason a birth or marriage certificate cannot be supplied as mentioned in sub-paragraph (1), the Committee may accept such other evidence of birth or marriage as it thinks fit in order to determine the age or, as the case may be, the marital status of the person concerned.

4

(1) Subject to the provisions of this Schedule, unless

(a) the Committee is of the opinion, on consideration of a report obtained by it under paragraph 3, that the person to whom the report relates is not in good health; or

(b) it is of the opinion that the evidence produced concerning marriage or dependency is not satisfactory,

it shall—

(i) allow the surrender of such part of the retirement pension as is specified in the person’s notification and as is in conformity with this Schedule; and

(ii) grant to the beneficiary named in the notification a pension, payable in the event of the beneficiary’s surviving the person and to be calculated in accordance with regulation D14(4).

(2) Where—

(a) a person is named as spouse in the notification given under paragraph 2; and

(b) the Committee is dissatisfied with the evidence of marriage, but is satisfied, on the evidence already before it or after making such further inquiries as it thinks necessary, that the named person is a dependant of the person who gave the notification,

it shall treat the notification as if the person named in it as spouse had been named as a dependant of the person giving the notification.

(3) A decision by the Committee to allow a surrender by a retiring employee shall not be made before the date on which he ceases to be employed, and a decision by the Committee to allow a surrender by a continuing employee shall not be made before the date on which he becomes such an employee.

(4) As soon as is reasonably practicable after deciding whether to allow a surrender of any part of the retirement pension of a person who has given it a notification under paragraph 2, the Committee shall—

(a) notify him of its decision; and

(b) if it has allowed a surrender, furnish him—

(i) with a statement as to the amount of the pension to which the beneficiary may become entitled after his death; and

(ii) if the person who gave the notification under paragraph 2 is a retiring employee, with a statement as to the amount of the reduced retirement pension to which he is entitled.

(5) A notification of a decision not to allow a surrender shall state the grounds for the decision.

(6) A notification sent to a person under sub-paragraph (4) shall, if it has been posted in a prepaid envelope addressed to him, be deemed to have been received by him at the time at which a letter would be delivered in the ordinary course of post.

5

A person who has given a notification under paragraph 2 of his wish to surrender a part of his retirement pension may, at any time before he has received notification from the Committee of its decision, cancel or amend that notification by a notice in writing addressed to the Committee and posted in a prepaid envelope to, or left at its offices.

6

(1) A notification given by a person under paragraph 2 shall become null and void if—

(a) the beneficiary dies before the person receives notification from the Committee that his surrender has been allowed; or

(b) the person dies at any time before midnight on the day on which the Committee decides to allow the surrender.

(2) Subject to sub-paragraph (1), a surrender allowed in pursuance of a notification given by a person shall have effect as from the date on which the person ceases to hold his employment.

SCHEDULE D5 — Re-employed pensioners

Part I — Reduction of Retirement Pension

Application of Part I

1

(1) Subject to sub-paragraph (3), this Part applies to a person who, since becoming entitled to a retirement pension in relation to a former employment, has entered a new employment with a LGPS employer.

(2) In this Part “retirement pension” includes an annual pension under the former regulations and a retirement pension under the 1992 regulations.

(3) This Part does not apply where the new employment is employment by virtue of which the person is entitled to participate in benefits provided under regulations made under Article 11 of the Order of 1972[^f00099] (superannuation of teachers).

General reduction rule

2

Subject to paragraphs 3, 7 and 9, while the person holds the new employment the annual rate of the retirement pension is reduced—

(a) if the annual rate of remuneration of the new employment, equals or exceeds the indexed annual rate of remuneration of the former employment, to zero; and

(b) otherwise, by the amount (if any) which is necessary to secure that the potential receipts during the new employment do not exceed the indexed annual rate of remuneration of the former employment.

3

Where within the last 12 months of the former employment the person held another concurrent employment with any LGPS employer, which he has ceased to hold without becoming entitled to a retirement pension in relation to it, and either—

(a) he has ceased to hold the concurrent employment after ceasing to hold the former employment; or

(b) he has ceased to hold the concurrent employment first, and entered the new employment within 12 months after ceasing to hold the concurrent employment,

then—

(i) if he does not devote substantially more of his time to the new employment than he devoted to the concurrent employment during the 12 months before he ceased to hold it, the annual rate of the retirement pension is not reduced; and

(ii) in any other case, paragraph 2 applies as if the indexed annual rate of remuneration of the former employment included the indexed annual rate of remuneration of the concurrent employment.

4

In paragraphs 2 and 3—

(a) references to the indexed annual rate of remuneration of the former or, as the case may be concurrent employment are to the sum of—

(i) the annual rate of that remuneration; and

(ii) the amount (if any) by which, immediately before the first day of the new employment, that remuneration would have been increased if it had been the rate of an official pension (within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971)[^f00100] beginning on and payable from the day after the last day of the former or, as the case may be, the concurrent employment; and

(b) “the potential receipts during the new employment” means the sum of—

(i) the annual rate of remuneration of the new employment;

(ii) the reduced rate of the retirement pension; and

(iii) the amount (if any) by which that reduced rate would, immediately before the first day of the new employment, have been increased under that Act, if it had then been the rate of the retirement pension (assuming that pension had by then qualified for increases under that Act).

5

(1) For the purposes of this Part, subject to sub-paragraph (2), the annual rate of remuneration of an employment is—

(a) if it is a former employment in respect of which the person is entitled to a retirement pension under these regulations, the 1981 regulations or the 1992 regulations—

(i) in the case of fixed-rate emoluments, the rate of any such emoluments on the last day of the period which is the relevant period for the purposes of regulation D1; and

(ii) in the case of fees, the average rate of any fees during the period by reference to which pensionable remuneration fell to be calculated under paragraph 9 of Schedule D1;

(b) if it is a former employment in respect of which the person is entitled to a retirement pension otherwise than as mentioned in sub-paragraph (a)—

(i) in the case of fixed-rate emoluments, the rate of any such emoluments on the last day of employment; and

(ii) in the case of fees, the average rate of any fees during the period, within the last three years of employment, during which fees were receivable.

(i) in the case of fixed-rate emoluments, the annual rate of such emoluments on the first day of employment;

(ii) in the case where fees are receivable but were not receivable in the former employment, a rate agreed by the person and the body employing him or, in default of agreement, a rate determined by the Department;

(iii) in the case where fees are receivable and were receivable in the former employment, subject to sub-paragraph (3), the annual rate of those fees, ascertained in accordance with sub-paragraphs (a)(ii) and (b)(ii).

(2) For the purposes of sub-paragraph (1)(a) and (b), where—

(a) the person’s remuneration in the former employment was at any material time reduced or discontinued by reason of his absence from duty; and

(b) the absence was due to illness or injury or he made contributions or payments under regulation 14(4) of the 1981 regulations, the corresponding provisions of the former regulations, regulation C2 or C3 of the 1992 regulations or regulation C5, C6 or C7 ,

then—

(i) any reduction or discontinuance of fixed-rate emoluments is to be disregarded, and

(ii) any fees are to be averaged over a period of the same length as the period mentioned in sub-paragraph (1)(a) or (b), but ending immediately before the reduction or discontinuance.

(3) If the annual rate of remuneration of the new employment ascertained in accordance with this paragraph is less than that of the former employment, the annual rate of any fees ascertained in accordance with sub-paragraph (1)(c)(iii) is to be reduced proportionately.

Alteration of terms in new employment

6

If—

(a) the person’s contractual hours in a new employment are altered; or

(b) he is transferred to another post under the same employing body at a different remuneration,

this Part applies as if he had again entered a new employment.

Proportional reduction in cases of two or more pensions

7

If this Part applies to two or more retirement pensions, each is reduced in proportion to its amount.

Duty to inform employers of application of Part I

8

A person who has become entitled to a retirement pension shall—

(a) inform any LGPS employer with whom he proposes to accept a new employment that he is so entitled; and

(b) immediately he enters a new employment notify the Committee in writing that he is doing so.

Part II — Combined Benefits

Election for application of Part II

9

(1) Subject to sub-paragraph (2) and paragraphs 10 and 14, where—

(a) a person has become entitled to a retirement pension (“the first pension”),

(b) after becoming so entitled he entered further employment which was or became local government employment, and

(c) he has ceased to hold the further employment and has become entitled in relation to it to a retirement pension (“the second pension”),

he may, by notice in writing to the Committee, given within three months after the date on which he became entitled to the second pension, elect that this Part is to apply to him.

(2) Sub-paragraph (1) does not apply if the first pension is a pension—

(a) to which the person became entitled under regulation D18, or

(b) which is reduced under regulation D13.

(3) In this Part “retirement pension” includes an annual pension under the former regulations and a retirement pension under the 1992 regulations.

New entitlement to single pension

10

Subject to paragraphs 11 to 13, a person to whom this Part applies is to be treated as having, on the date on which the second pension became or becomes payable—

(a) ceased to be entitled to the first pension and the second pension; and

(b) become instead entitled to payment of an annual retirement pension (“the annual pension”) and a lump sum payment (“the lump sum”) each calculated by reference to both his total period of membership in the further employment and the total period of membership taken into account in calculating the first pension.

11

If in conjunction with the first pension the person was entitled to a retirement grant—

(a) in calculating the lump sum no account is to be taken of any additional period excluded in accordance with regulation D2(2)(ii) from the calculation of the retirement grant,

(b) if he has not received the grant before becoming entitled as mentioned in paragraph 10(b), he ceases to be entitled to it,

(i) he is only entitled to payment of the excess, if any, of the lump sum over the retirement grant, and

(ii) if the retirement grant exceeds the lump sum, he is only entitled to the annual pension if, within three months after giving notice under paragraph 9, he pays an amount equal to the excess to the Committee.

12

If—

(a) the first pension was, and

(b) the second pension would not have been,

subject to reduction under Part V of the 1981 regulations or regulation H2 the annual pension is subject to reduction by the same amount as the first pension.

13

If part of the first pension was surrendered under regulation D14—

(a) the annual pension is to be treated as having been surrendered to the same extent, and

(b) any resulting pension becoming payable on the person’s death is to be paid by the Committee.

14

In relation to a person who—

(a) before 1st April 1972—

(i) became entitled to an annual pension under the former regulations, and

(ii) again became a contributory employee, and

(b) has not since he again became a contributory employee had a disqualifying break in service,

this Part has effect as if references to the first retirement pension were references to that annual pension and references to a retirement grant were references to a retiring allowance under the former regulations.

Part III — Separate Benefits

Application of Part III

15

(1) This Part applies to a person who—

(a) has become entitled to a retirement pension (a “previous pension”),

(b) after becoming so entitled entered further local government employment,

(c) has ceased to hold the further employment and has become entitled in relation to it to a retirement pension (an “additional pension”), and

(d) has not become entitled to the annual pension mentioned in Part II.

(2) In this Part “retirement pension” includes—

(a) a retirement pension under the 1992 regulations, and

(b) an annual pension under the former regulations.

Modifications to usual benefit rules

16

(1) If—

(a) on the person’s ceasing to hold an employment in relation to which he became entitled to a previous pension (a “previous employment”) regulation D7 applied, and

(b) paragraph 3 of Schedule 9 to the 1992 regulations applied,

regulation D7(2) does not apply on his ceasing to hold any further employment.

(2) If regulation D7 did not apply on the person’s ceasing to hold a previous employment, but does apply on his ceasing to hold a further employment, paragraph 2(1) of Schedule D3 applies with the substitution for paragraphs (a) and (b) of the words “6 243/365 years”.

Benefits on and after death

17

(1) Subject to sub-paragraph (2), if when the person dies regulation E3(2) applies, it applies with the omission of the words from “the greater of” to the end of paragraph (a).

(2) If the person who dies became entitled to a previous pension or to an additional pension—

(a) by virtue of regulation D9, in a case where there was no entitlement under any previous regulation of Part D,

(b) by virtue of regulation D11, or

then—if his previous and additional pension benefits equal or exceed his relevant previous or additional pensionable remuneration, there is no entitlement under Part E to a death grant in relation to the further employment, andotherwise, the amount of that death grant (as calculated in accordance with that Part) is reduced by the amount, if any, by which it exceeds the difference between the amount of those benefits and that remuneration.

(3) For the purposes of sub-paragraph (2)—

(a) a person’s “previous and additional pension benefits” are the total of—

(i) every death grant payable in relation to any previous employment, calculated in accordance with Part E,

(ii) payments made in respect of every previous pension,

(iii) every retirement grant to which the person became entitled in conjunction with any previous pension,

(iv) any payments made in respect of the additional pension, and

(v) any retirement grant to which the person became entitled in conjunction with the additional pension,

including in each case any increase under the Pensions (Increase) Act (Northern Ireland) 1971, and

(b) a person’s “relevant previous or additional pensionable remuneration” is the greater of—

(i) the aggregate obtained by taking for each previous pension the amount of the pensionable remuneration by reference to which it was calculated and the amount by which that amount would have been increased if it had been the rate of an official pension (within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971) beginning on and payable from the day after the last day of the relevant previous employment, and

(ii) the amount of the pensionable remuneration by reference to which the additional pension was calculated.

Part IV — Surviving Spouses' and Children’s Benefits

18

(1) This paragraph applies where—

(a) a person was entitled to a retirement pension (other than one which was reduced under regulation D13),

(b) after becoming so entitled he entered further local government employment,

(d) if he had then ceased to be employed (otherwise than by reason of his death) he would have been entitled to give notice under paragraph 9.

(2) Where this paragraph applies—

(a) any benefits payable in respect of the person (except any surviving spouse’s or children’s short-term pension) are to be calculated, and

(b) any surrender of part of a retirement pension has effect,

as if immediately before his death he had become entitled to benefits under Part II or, if it is more favourable to the person entitled to receive the benefits in question, Part III.

19

Where—

(a) a person was entitled to an annual pension under the former regulations or a retirement pension under the 1992 regulations or these regulations,

(b) after becoming so entitled he entered further local government employment,

(d) he dies in the further employment,

any benefits payable in respect of him (except any surviving spouse’s or children’s short-term pension) are to be calculated as if immediately before his death he had become entitled to benefits under Part III.

20

Where—

(a) a surviving spouse is entitled to a spouse’s short-term pension under regulation F1,

(b) if the deceased had ceased to hold his employment on the date of his death (otherwise than by reason of death), he would have been entitled to a retirement pension under Part D (whether or not payable immediately), and

then the annual rate of the short-term pension is a rate equal—

(i) if the retirement pension was not reduced under Part I, to the total of the deceased’s pensionable remuneration in the new employment and the annual rate of the retirement pension, or

(ii) if the retirement pension was so reduced, to the total of the deceased’s pensionable remuneration in the new employment and the annual rate, if any, at which the retirement pension was payable.

21

(1) Where—

(a) a surviving spouse is entitled to a spouse’s long-term pension under regulation F2, and

(b) the deceased’s local government employment was a new employment for the purposes of Part I,

then the annual rate of the long-term pension is the greater of—

(i) the aggregate of—

(I) half the annual rate of the member’s retirement pension, and

(II) half the annual rate of the retirement pension to which the member would have been entitled in respect of the new employment if on the date of death the entitlement had arisen under regulation D7, and

(ii) half the annual rate of the retirement pension to which the member would have been entitled if—

(I) on the date of death the member had become entitled under that regulation, and

(II) notice had been given under paragraph 9.

(2) For the purposes of sub-paragraph (1)—

(a) any increase in the deceased’s retirement pension under regulation D2(2), and

(b) any reduction in that pension under regulation H2, or by virtue of a surrender under regulation D14,

shall be disregarded.

SCHEDULE F1 — Elections as respects widowers' pensions etc.

1

(1) A married woman who—

(a) was a member on 27th July 1989 and has since that date continuously been a member, and

(b) is entitled to count a period of membership before 1st April 1972,

may, subject to sub-paragraph (3), give notice in writing to the Committee of any additional period which she wishes to count for the purposes of calculating any widower’s long-term pension payable in respect of her.

(2) For the purposes of sub-paragraph (1), the reference to a woman having continuously been a member includes a reference to a woman who, having ceased to be a member—

(a) became or becomes a member again within one month of so ceasing, or

(b) became or becomes a member again within one month of returning to work in accordance with Article 111 of the Employment Rights (Northern Ireland) Order 1996[^f00101] (which confers the right to return to work following pregnancy or confinement).

(3) The additional period of which notice may be given by a woman under sub-paragraph (1) shall not exceed the length of her period of membership which is not, or is not treated for the purposes of regulation F7(3) as being, membership after 31st March 1972.

(4) Notice given under sub-paragraph (1) shall be irrevocable, but, subject to the provisions of this paragraph, notice may be given on more than one occasion.

Elections under regulation E12 of the 1992 regulations

2

(1) Where any woman—

(a) duly elected under regulation E12(1)(b) or (2)(b) of the 1992 regulations (election by wife of dependant and permanently incapacitated husband), or

(b) was a person to whom regulation E12(1)(a) of those regulations (unmarried woman with potentially eligible child) applied immediately before she ceased to be a pensionable employee (within the meaning of those regulations),

then, subject to sub-paragraph (2), the provisions of Part D relating to the amount of the retirement pension and the retirement grant, Parts F and G and paragraph 3 of Schedule BI apply in relation to her as if she were a man, and where sub-paragraph (a) applies, as if the husband in relation to whom the election was made were a woman.

(2) Sub-paragraph (1) does not apply if—

(a) the woman has given notice under paragraph 1(1) that she wishes to count any of her membership before 1st April 1972 for the purposes of calculating a widower’s long-term pension, or

(b) if she ceases to be married to the husband in respect of whom the election under regulation E12(1) or (2)(b) of the 1992 regulations was made.

3

Where a woman died before 6th April 1988, Part G only applies in respect of her if—

(a) she was a person to whom regulation E12(1)(a) of the 1992 regulations (unmarried woman with potentially eligible child) applied, or

(b) in respect of whom an election under regulation E12(1)(b) or (2)(b) of the 1992 regulations had effect immediately before her death.

SCHEDULE K1 — Revival of rights for certain community scheme transferees

Persons to whom this Schedule applies

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons who ceased local government employment on or after 1st March 1993

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of references to those claiming through a person

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE K2 — Mis-sold Pensions

Prescribed persons

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

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4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE L1 — The Committee

Part I — Constitution of the Committee

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

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3

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4

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5

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6

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7

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8

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9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Powers of the Committee

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

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13

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14

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15

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16

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17

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18

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19

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20

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21

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22

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23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Expenses And Allowances Payable By The Committee

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

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27

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28

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29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE M1 — Modification in special cases

Certain female nurses, physiotherapists, midwives and health visitors

In their application to members to whom regulation 50 of the 1981 regulations applied these regulations shall have effect subject to the modifications in the following paragraphs—

(1) regulation B2(4) shall have effect as if for the figure “65” there was substituted the figure “60”;

(2) regulation C2(1)(a) and (c) shall have effect as if for the words “60th birthday” there were substituted the words “55th birthday”;

(3) paragraph 8(1)(a)(ii) of Schedule C4 shall have effect as if for the words “60 years” there were substituted the words “55 years”.

SCHEDULE M2 — Transitional and Transitory Provisions

Part I — General Provisions

1

In this Schedule “the revoked instruments” means the statutory instruments revoked by these regulations.

2

(1) The substitution of these regulations for the revoked instruments does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision of the revoked instruments has effect, if it could have been done under or for the purposes of the corresponding provision of these regulations, as if done under or for the purposes of that corresponding provision.

(3) Any reference, whether express or implied, in these regulations or any other instrument or document to a provision of these regulations shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the revoked instruments has effect, a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any instrument or document to a provision of the revoked instruments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of these regulations.

(5) Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.

(6) Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.

3

Where—

(a) these regulations revoke a provision (“the commencement provision”) relating to the coming into force of another provision (including a commencement provision deeming another provision to have had effect from a date earlier than that which would otherwise apply), and

(b) the effect of that other provision is reproduced in a corresponding provision of these regulations,

the revocation does not affect the operation of the commencement provision, in so far as it is not specifically reproduced in these regulations but remains capable of having effect, in relation to the corresponding provision of these regulations.

4

(1) The revocation by these regulations of any provision previously revoked subject to savings does not affect the continued operation of those savings.

(2) The revocation by these regulations of a saving to which a previous revocation of a provision is subject does not affect the operation of the saving in so far as it is not specifically reproduced in these regulations but remains capable of having effect.

(3) The revocation by these regulations of a provision which has effect as respects another provision of the revoked instruments (being a provision which is not reproduced in these regulations but continues in effect by virtue of this Schedule or the Interpretation Act (Northern Ireland) 1954 does not affect its operation as respects that other provision.

5

Where by virtue of Part II a reference in these regulations to anything has effect as respects any time before the commencement date as if it were a reference to another thing, then where any provision of the revoked instruments continues in effect (by virtue of this Schedule or otherwise) on and after that date, any reference in that provision to that other thing shall, so far as is necessary to give effect to it, have effect on and after that date with the appropriate modification.

Part II — Specific Provisions

Membership

6

(1) References in these regulations to a member shall have effect as respects any time before the commencement date as references to a pensionable employee (and related expressions shall have effect accordingly).

(2) Nothing in these regulations affects the date of the commencement of the membership of any person who is a member immediately before the commencement date.

(3) Where immediately before the commencement date any person—

(a) is eligible to be and is a member of the Scheme, or

(b) has the right to make an election to join the Scheme,

by virtue of any provision of the 1992 regulations which is revoked by these regulations and is not re-enacted by them or is re-enacted with modifications, he shall notwithstanding the revocation or modification remain eligible to be a member, or as the case may be to make such an election, subject to the same terms and conditions as under that provision.

(4) Without prejudice to the previous provisions of this paragraph—

(a) no person who is a member of the Scheme immediately before the commencement date shall be ineligible for membership of the Scheme by virtue of anything in regulation B3 (definitions of whole-time, part-time and variable-time employment);

(b) notwithstanding the revocation of paragraph 3 of Part III of Schedule 2 to the 1992 regulations, any person to whom that paragraph applied immediately before the commencement date shall continue to be treated as there mentioned.

Existing reckonable service etc.

7

Without prejudice to any other provision in these regulations, any period which immediately before the commencement date counted as a period of reckonable service for any purpose of the Scheme (including any period which counted by virtue of regulation E25 or E27 of the 1992 regulations)—

(a) shall continue to be counted for that purpose as a period of membership of the same length as it then counted for that purpose,

(b) if it counted as service in whole-time employment or part-time employment, shall count as membership in whole-time employment or, as the case may be, membership in part-time employment, and

(c) if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

War service

8

The revocation of Part F (war service) and regulation N4 (decisions by the Committee as to such service) of the 1992 regulations shall not affect—

(a) any right to which a person is or would apart from the revocation become entitled under or by virtue of that Part; or

(b) any decision made under that regulation or under regulation N8 (appeals) of those regulations as respects such a decision;

but, in so far as they continue to have effect by virtue of this paragraph, references in those provisions to reckonable service shall be taken, where appropriate, to be references to periods of membership.

Remuneration

9

(1) Nothing in these regulations shall affect the meaning of “remuneration” as respects the calculation of any benefit in respect of a person who has ceased to be a member of the Scheme before the commencement date.

(2) Where, apart from paragraph 7(b), a period of reckonable service in whole-time employment before the commencement date would count on and after that date as a period of membership in part-time employment, then for the purpose of calculating any benefit by reference to that period of service, paragraph 7 of Schedule D1 shall not apply (and accordingly the benefit shall be calculated, in so far as it relates to that period, by reference to pensionable remuneration which has not been increased by virtue of that paragraph).

Continuation of options under regulation S2 of the 1992 regulations

10

Nothing in these regulations shall affect the rights of any person who duly elected under regulation S2 of the 1992 regulations (application of those regulations to benefits in respect of former employments).

Resolutions

11

Where by virtue of any provision of these regulations which is not derived from a corresponding provision of the 1992 regulations, a resolution under these regulations is to make any particular provision or to be made in accordance with any procedure, then any corresponding resolution made under those regulations and continuing to have effect after the commencement date—

(a) shall be deemed to have complied with that procedure, and

(b) may be varied so as to make that particular provision.

SCHEDULE M3 — Subordinate legislation revoked

Year and Number	Title	Extent of revocation
1992/547	Local Government (Superannuation) Regulations (Northern Ireland) 1992	The whole regulations, except Part L and Schedule 19 and the other provisions of the regulations in so far as they continue to be required for the purposes of Part L and Schedule 19
1991/492	Local Government (Superannuation) (Reserve Forces) Regulations (Northern Ireland) 1991	All the Regulations
1998/337	Local Government Superannuation (Interchange) Regulations (Northern Ireland) 1998	All the Regulations
1998/41	Local Government (Superannuation and Compensation) (Institutions of Further Education) Regulations (Northern Ireland) 1998	Regulation 3 of Part II
1998/133	Local Government (Superannuation) (Amendment) Regulations (Northern Ireland) 1998	All the Regulations
1999/218	Local Government (Superannuation) (Amendment) Regulations (Northern Ireland) 1999	All the Regulations
2000/23	Local Government (Superannuation) (Amendment) Regulations (Northern Ireland) 2000	All the Regulations

SCHEDULE M4 — Consequential Amendments

1

In regulation L5 of the 1992 regulations for “regulation E2”, “regulation E19(4)” and “regulation E19(2)” substitute respectively “Part D of the Local Government Pension Scheme Regulations (Northern Ireland) 2000”[^f00108], “paragraph 4(1) of Schedule D1 to the Local Government Pension Scheme Regulations (Northern Ireland) 2000” and “regulation D1 of the Local Government Pension Scheme Regulations (Northern Ireland) 2000”.

2

In the Local Government (Superannuation) (Milk Marketing Board for Northern Ireland) Regulations (Northern Ireland) 1997[^f00109]—

(a) in regulation 1(2)—

(i) in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and

(ii) in the definition of “the principal Regulations” for “the Local Government (Superannuation) Regulations (Northern Ireland) 1992” substitute “the Local Government Pension Scheme Regulations (Northern Ireland) 2000”.

(b) in regulation 2 for “Regulation B5(10)” substitute “regulation B6(3)” and for “Regulation B5” substitute “regulation B6”.

Signed

Sealed with the Official Seal of the Department of the Environment on 19th May 2000.

John McConnell — A senior officer of the — Department of the Environment

Explanatory note

(This note is not part of the Regulations.)

These regulations retitle and consolidate, with amendments, the provisions of the Local Government (Superannuation) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 547), (“the 1992 regulations”) as amended.

Part L (injury allowances) of the 1992 regulations has not been reproduced in these regulations as the allowances are not payable by the Committee out of the pension fund. For the time being therefore that part is not revoked by these regulations.

The principal changes are as follows—

1Regulation B2(1) reduces the minimum age of entry to the Scheme from 18 to 16 with effect from 1st October 1989.

2Regulation B3(3)(b) defines a whole-time employee as an employee whose contractual number of hours is not less than the number of hours stipulated as whole-time in his contract of employment. There are saving provisions in Schedule M2 in respect of Scheme membership before the commencement date of these regulations (“the commencement date”).

3Regulation B3(4)(ii) deals specifically with employees who work only those hours they are directed to work by their employers and whose contractual hours consequently vary in a non-cyclical fashion.

4With the exception of casual employees and re-entrants who must apply to join from the commencement date, Scheme membership is automatic for all whole-time and part-time employees irrespective of the number of hours per week or weeks per year they are working unless they opt, in writing, not to join or subsequently opt out (regulation B9).

5With retrospective effect from 1st April 1990 Scheme membership is automatic for all whole-time employees working at least 30 hours per week unless they opt, in writing, not to join or subsequently opt out (regulation B9(2)).

6Any period of employment on or after the commencement date during which a Scheme member is absent from duty through illness or injury (whether or not contributions have been paid) counts as a period of Scheme membership (regulation B13(1)(b)).

7Part-time Scheme members who work or have worked less than 15 hours per week are given the opportunity to pay contributions to count local government employment since 1st January 1993 as Scheme membership. Employers' contributions will also be payable by employers and former employers in respect of Scheme members who elect to pay such contributions (regulation C4).

8From the commencement date the definition of “remuneration” includes any payment or benefit specified in an employee’s contract of employment as being a pensionable emolument (regulation C1).

9With effect from 1st January 1993 regulation C6 implements, in respect of the local government pension scheme, the requirements of the Directive on the implementation of the principle of equal treatment for men and women in occupational social security schemes in relation to maternity leave (86/378/EEC, O.J. No. L225, 12.8.86, p. 40). The regulation provides for a female member on maternity absence to pay contributions on the rate of remuneration she is receiving during her absence (and to elect to pay contributions at the rate she was receiving at her last payment date) to count the period for which contributions have been paid as Scheme membership. (The EC Directive can be obtained from The Stationery Office Ltd, 16 Arthur Street, Belfast.)

10With effect from 2nd May 1995 regulation C12 and paragraph 3(1) of Schedule C5, make provision for part-time employees to purchase part-time added years. However, part-timers currently buying whole-time added years will continue to do so unless they elect under regulation C12(5) to change their original election.

11With effect from 2nd May 1995 the treatment of the enhancement of benefits on ill-health retirement for members with part-time Scheme membership is clarified. The additional period to be awarded is determined by reference to the actual length of the person’s Scheme membership and then proportionately reduced to its whole-time equivalent when calculating benefits. In the case of a person whose employment consists of a mixture of whole-time and part-time Scheme membership the additional period to be awarded is determined by reference to the formula in paragraph 4(3) of Schedule D3 unless a total of 13 years 121 days' actual whole-time Scheme membership has been completed, in which case the formula is not applied (regulation D7(2) and Schedule D3, paragraph 4(4)).

12Regulations D9(2), D11(2)(e) and D16(3) provide, with effect from 2nd May 1995, that women retiring on or after age 60 with less than 25 years' total membership are not required to accept immediate payment of Scheme benefits although, like men, they may opt to do so. Also, from the same date male members will no longer be prevented from electing to receive their retirement benefits before state pension age if their reduced pension is less than their guaranteed minimum.

13Regulation D16(5) removes an inequality whereby the pension of a man retiring at or after age 60 with less than 25 years' total membership, calculated in respect of membership from 17th May 1990, is subject to an actuarial reduction of up to 33% whereas that of a woman is not. A woman’s pension in respect of Scheme membership commencing on or after 6th April 1978 during which she has been contracted-out of the State Earnings Related Pension Scheme has been protected as a consequence of a requirement of the Social Security Pensions (Northern Ireland) Order 1975. The new regulation provides that a man’s pension will enjoy the same protection as that of a woman in respect of his Scheme membership from and including 17th May 1990. The amendment also provides that the protection for both men and women lasted only in respect of membership to 30th April 1995.

14Regulation E1 increases the death grant payable on death in service on or after 2nd May 1995 to two times rather than one times pensionable remuneration.

15As from the commencement date the Committee will have absolute discretion to decide who should receive a death grant (regulation E8).

16Spouses' pensions will no longer cease to be payable following remarriage or cohabitation on or after the commencement date (regulations F1 to F5).

17With effect from the commencement date the spouse of a female member who retires or dies in service will have the automatic right to a widower’s pension in respect of his wife’s Scheme membership after 31st March 1972 (regulation F7). A member with Scheme membership before 1st April 1972 may elect to include part or all of that membership (Schedule F1) in the calculation of the widower’s pension but her lump sum retirement grant will normally be paid at a reduced rate in respect of any period so included (Schedule D2, paragraph 3). This reduction can be avoided or, if appropriate, the period included, by the payment of extra contributions to the Scheme.

18With effect from 6th April 1988 the widower of a female member who dies after 5th April 1988 and before the commencement date is entitled to a pension based on her service after that date (regulation F11).

19Regulation G3(3) provides that children’s long-term pensions are comparable where no spouse’s long-term pension is payable irrespective of who is caring for the children.

20With effect from 6th April 1988, regulation G8(3) provides that pensions are payable for eligible children of female members. Also, from that date there is no longer a requirement that Scheme members must have completed a minimum period of total membership before their children are eligible for a pension.

21With effect from 6th April 1988 regulation G9 makes provision for minimum amounts of children’s long-term pensions to be awarded.

22Regulation H1 provides for the addition of interest on the late payment of benefits and returns of contributions.

23With effect from 2nd May 1995, regulation H6 provides for a member’s pension, other than his guaranteed minimum, to be commuted on retirement and paid to him as a lump sum when the member is in exceptionally serious ill-health. The Committee must be satisfied by medical advice that the expectation of life at retirement is less than one year. Commutation does not affect any spouse’s or children’s pensions payable after the death of the retired member.

24From the commencement date, the Committee can, only award ill-health retirement benefits, or the early payment of preserved benefits on ill-health grounds, when a certificate, confirming that the person will be permanently incapable until, at the earliest, age 65, is provided by an independent registered medical practitioner qualified in occupational health medicine (regulation J1).

25To comply with Article 50 of the Pensions (Northern Ireland) Order 1995 regulations J5 to J10 introduce arrangements for the resolution of disputes between a prospective member, member, deferred pensioner, pensioner, spouse or dependant on the one hand and the Committee on the other. A matter involving a disagreement relating to the Scheme must first be referred by the complainant to a person appointed by the Committee to review the first decision. If the complainant is dissatisfied with his decision, he may apply to the Committee for the decision to be reconsidered.

26Effective from 9th April 1997, regulation K17 makes provision in respect of members who were eligible to be Scheme members previously but who instead paid contributions to a personal pension plan as a result of which they have suffered loss, and the contravention is actionable under section 62 of the Financial Services Act 1986.Schedule C4 reflects overriding legislation introduced by the Finance (No 2) Act 1987 and the Finance Act 1989 and identifies different categories of members depending upon whether the individual joined, or is deemed to have joined, the Scheme before 17th March 1987, on or after 17th March 1987 and before 1st June 1989, or on or after 1st June 1989 or has elected to be treated as having joined the Scheme on that date and clarifies—athat the limit on an employee’s contributions under the Scheme, other than additional voluntary contributions, is linked to remuneration as defined in the regulations and not to the employee’s taxable earnings,bthat irrespective of age the maximum Scheme membership is limited to 40 years for the purposes of the calculation of benefits for members who joined or have elected to be treated as having joined the Scheme on or after 1st June 1989,cthat pensionable remuneration is limited to £100,000 for the purposes of calculating the retirement grant in the case of a person who joined the Scheme on or after 17th March 1987 and before 1st June 1989,dthat pensionable remuneration for the purposes of determining the contributions payable by, and the calculation of benefits payable to or in respect of members who joined the Scheme on or after 1st June 1989, cannot exceed the “permitted maximum” under the Finance Act 1989.Article 14 of the Superannuation (Northern Ireland) Order 1972 confers express powers to make regulations retrospective in effect. These regulations are to a certain extent retrospective, however, no one will be adversely affected by the retrospective provisions.

Footnotes

[^f00001]: S.I. 1972/1073 (N.I. 10); Article 14 was amended by Article 12 of the Pensions (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I. 1990/1509 (N.I. 13))

[^f00002]: S.R. & O. (N.I.) 1973 No. 504 Article 7(1); S.I. 1976/424 (N.I. 6)

[^f00003]: S.I 1995/3213 (N.I. 22)

[^f00004]: As extended by The Housing (Northern Ireland) Order 1981 (S.I. 1981/156), Part II, Article 5(3)

[^f00005]: Regulation 28A was inserted by regulation 5 of S.R. 1982 No. 58

[^f00006]: S.I. 1972 /1264 (N.I. 13) as amended by the Local Government (Postponement of Elections and Reorganisation) (Northern Ireland) Order 1972 (S.I. 1972/1998 (N.I. 21))

[^f00009]: S.I. 1984/1821 (N.I. 11)

[^f00010]: 1950 c. 33 (N.I.)

[^f00011]: S.I. 1996/1141 (N.I. 6)

[^f00012]: 1959 c. 15 (N.I.)

[^f00013]: S.I. 1992 No. 807 (N.I. 5)

[^f00014]: S.I. 1953/197

[^f00015]: 1996 c. 14

[^f00016]: 1988 c. 1; section 590C was inserted by the Finance Act 1989 (c. 26), section 75, Schedule 6, paragraphs 1, 4, 18(2) and amended by the Finance Act 1993 (c. 34)

[^f00017]: S.I. 1993/3016

[^f00018]: S.I. 1996/1919 (N.I. 16)

[^f00021]: 1988 c. 1; section 591 was amended by the Finance Act 1988 (c. 39), section 146, Schedule 13, Part 1, paragraphs 1, 6, and the Finance Act 1994 (c. 9), sections 107, 258, Schedule 26, Part V

[^f00022]: S.I. 1953/197

[^f00023]: 1993 c. 49

[^f00024]: S.I. 1975/1503 (N.I. 15); Article 23 was repealed by the Social Security (Consequential Provisions) (Northern Ireland) Act (1992 c. 9)

[^f00025]: 1992 c. 8

[^f00026]: 1966 c. 6 (N.I); section 55(1) was repealed by the Social Security Act 1973 (c. 38), section 100(2)(b), Schedule 28

[^f00027]: S.R. & O. (N.I.) 1960 No. 181

[^f00028]: 1993 c. 49

[^f00029]: 1971 c. 35 (N.I.)

[^f00051]: 1865 c. 26

[^f00052]: 1869 c. 79

[^f00053]: 1875 c. 56

[^f00054]: 1919 c. 19

[^f00055]: 1937 c. 68

[^f00056]: 1937 c. 69

[^f00057]: 1943 c. (i) (N.I.)

[^f00058]: 1950 c. 10 (N.I.)

[^f00059]: 1953 c. 25

[^f00060]: 1959 c. 21 (N.I.)

[^f00061]: 1972 c. 11

[^f00062]: 1975 c. 15

[^f00063]: S.R. & O. (N.I.) 1950 No. 103 (p. 423)

[^f00064]: S.R. & O. (N.I.) 1962 No. 210

[^f00065]: S.R. 1981 No. 96; amended by other instruments listed in Schedule 21 to the Local Government (Superannuation) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 547)

[^f00066]: S.R.1992 No. 547; amended by other instruments listed in Schedule M3 to these Regulations.

[^f00067]: 1993 c. 49

[^f00068]: 1988 c. 1

[^f00069]: 1950 c. 4 (N.I.)

[^f00070]: 1947 c. 10 (N.I.)

[^f00071]: 1965 c. 51; 1966 c. 6; 1967 c. 73; 1969 c. 4; 1969 c. 44; 1971 c. 50; 1972 c. 57; 1974 c. 14

[^f00072]: 1966 c. 6 (N.I.)

[^f00073]: 1948 c. 33

[^f00074]: S.I. 1980/563 (N.I. 5)

[^f00075]: S.I. 1972/1073 (N.I. 10)

[^f00076]: S.I. 1995/3213 (N.I. 22)

[^f00077]: 1987 c. 22

[^f00078]: S.I. 1986/1032 (N.I. 6); Articles 4 and 4A were substituted for Article 4 by Article 62(1) of S.I. 1990/1504 (N.I. 10)

[^f00079]: 1970 c. 9 (N.I.)

[^f00080]: S.I. 1984/1821 (N.I. 11)

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