Local Government (Superannuation) Regulations (Northern Ireland) 1992

1. Introductory Text

2. PART A PRELIMINARY

   1. A1. Citation and commencement

   2. A2. Interpretation

3. PART B PENSIONABLE EMPLOYMENT

   1. B1. Pensionable employees

   2. B2. Opting into pensionable employment

   3. B3. Opting out of pensionable employment

   4. B4. Rejoining pensionable employment

   5. B5. Power to admit employees of other bodies

   6. B6. Treatment of certain additional duties

   7. B7. Treatment of certain separate employments

   8. B8. Deemed employments

4. PART C PAYMENTS BY EMPLOYEES

   1. C1. Payment and amount of employee’s contributions

   2. C2. Leave of absence from duty

   3. C3. Absence due to trade dispute

   4. C4. Lump sum payment to increase reckonable service

   5. C5. Periodical payments to increase reckonable service

   6. C6. Additional payments by certain pensionable employees in respect of previous service

   7. C7. Additional payments in respect of previous part-time service

   8. C8. Discontinuance of periodical payments in certain cases

   9. C9. Payments to avoid reduction of retiring allowance and death grant

   10. C10. Continuation of certain payments

   11. C11. Further additional contributions

   12. C12. Effect of opting out of pensionable employment on certain additional payments

   13. C13. Statement of remuneration received otherwise than from employing authority

   14. C14. Deduction and recovery of employee’s contributions

   15. C15. Return of employee’s contributions in certain cases

   16. C16. Effect of return to local government on right to a return of contributions

   17. C17. Reduction of returned contributions following payment in lieu of contributions

   18. C18. Limitation of payments

5. PART D SERVICE

   1. D1. Reckonable service

   2. D2. Qualifying service

   3. D3. Exclusion from reckonable service and qualifying service

   4. D4. Increase of reckonable service on lump sum payment

   5. D5. Increase of reckonable service on making periodical payments

   6. D6. Increase of reckonable service on completion or cessation of payments under former regulations

   7. D7. Increase of reckonable service at discretion of employing authority

   8. D8. Reduction of added years reckonable on payment as reckonable service

   9. D9. Previous service of certain pensionable employees

   10. D10. Previous service of certain variable-time employees

   11. D11. Previous service of certain re-employed pensioners

   12. D12. Previous service of part-time employees

   13. D13. Increase of reckonable service of part-time employees

   14. D14. Intervals in service due to illness or injury

6. PART E BENEFITS

   1. E1. Guaranteed minimum pension for certain pensionable employees and their widows or widowers

   2. E2. Entitlement to retirement pension and retiring allowance

   3. E3. Amount of retirement pension and retiring allowance

   4. E4. Ill-health retirement grant

   5. E5. Entitlement to widow’s short-term and long-term pensions

   6. E6. Amounts of widow’s short-term and long-term pensions

   7. E7. Widow’s special short-term pension

   8. E8. Entitlement to children’s short-term and long-term pensions

   9. E9. Amounts of children’s short-term and long-term pensions

   10. E10. Children’s special short-term pension

   11. E11. Death grant

   12. E12. Pensions of widowers, etc.

   13. E13. Reduction of retirement pension in the case of certain re-employed pensioners

   14. E14. Combined benefits in the case of certain re-employed pensioners

   15. E15. Separate benefits in the case of certain re-employed pensioners

   16. E16. Adjustment of superannuation rights on death of certain re-employed pensioners

   17. E17. Surrender of part of retirement pension

   18. E18. Power to compound certain small pensions

   19. E19. Pensionable remuneration

   20. E20. Pay restraint not to affect pensionable remuneration in certain cases

   21. E21. Certificates as to reduction in remuneration

   22. E22. Calculation of part-time service

   23. E23. Counting of non-contributing service

   24. E24. Disregard of certain reckonable service in determining entitlement to benefits

   25. E25. Counting of certain reckonable service and non-contributing service in determining entitlement to benefits

   26. E26. Disregard of certain reckonable service in calculating amount of benefits

   27. E27. Counting of certain reckonable service in calculating amount of benefits

   28. E28. National Insurance

   29. E29. Benefits not assignable

   30. E30. Interest on late payment of certain benefits

   31. E31. Increase in certain benefits already payable

   32. E32. Entitlement to benefits where a person has given a notification in accordance with regulation B3

7. PART F WAR SERVICE

   1. F1. Interpretation, etc.

   2. F2. War service

   3. F3. Election as to war service

   4. F4. Modified application of regulation F3 in certain cases

   5. F5. Notice of election

   6. F6. Reckonable service and benefits

   7. F7. Revision of certain elections

8. PART G MODIFICATIONS IN SPECIAL CASES

   1. G1. Application to existing officers

   2. G2. Special provisions for the reckoning by existing officers as service of certain kinds of employment prior to 1st April 1950

   3. G3. Added years in the case of certain existing officers

   4. G4. Application to certain female nurses, physiotherapists, midwives and health visitors

   5. G5. Power to agree notional remuneration

9. PART J INTERCHANGE, ETC.

   1. J1. Interpretation

   2. J2. Outwards transfers

   3. J3. Additional transfer value on outwards transfer in certain cases

   4. J4. Amount of transfer value, etc.

   5. J5. Termination of right to payment out of the fund

   6. J6. Rights where a person transfers to the Communities' scheme and leaves without a right to either an immediate or prospective pension

   7. J7. Compound interest on certain sums

   8. J8. Inward transfers

   9. J9. Right to reckon service

   10. J10. Increase in return of contributions

   11. J11. National Insurance modification for flat-rate retirement pension

   12. J12. National Insurance modification for graduated retirement pension

   13. J13. Certain persons who become subject to other superannuation schemes

   14. J14. Transfer of pension rights

   15. J15. Revaluation of guaranteed minimum in certain cases

10. PART L INJURY ALLOWANCES, ETC.

    1. L1. Interpretation

    2. L2. Persons to whom Part L applies

    3. L3. Loss of employment through permanent incapacity

    4. L4. Reduction in remuneration

    5. L5. Allowances for pensioners

    6. L6. Death benefits

    7. L7. The relevant body

    8. L8. Rights and payments to be taken into account in determining amount of benefit

    9. L9. Retrospective effect

    10. L10. Finance

    11. L11. Notice of decisions

11. PART M FORFEITURE, ETC.

    1. M1. Forfeiture of rights

    2. M2. Transfer of certain sums from the fund

    3. M3. Recovery or retention by employing authority of certain sums from the fund

12. PART N DECISIONS AND APPEALS

    1. N1. Initial decisions

    2. N2. Decisions by employing authorities as to status of employees

    3. N3. Decisions by the Committee as to status of employees

    4. N4. Decisions by the Committee as to war service

    5. N5. Decisions by the Committee as to entitlement to benefits

    6. N6. Decisions by the Committee as to amount of benefits

    7. N7. Notification of decisions

    8. N8. Appeals

13. PART P ADMINISTRATION AND MANAGEMENT

    1. P1. Constitution and powers of the Committee

    2. P2. Management of the fund

    3. P3. Use and investment of fund’s moneys

    4. P4. Accounts, audit and annual report

    5. P5. Periodical valuation of fund

    6. P6. Actuary’s certificates

    7. P7. Employer’s contributions

    8. P8. Employer’s additional contributions

    9. P9. Employer’s further payments

    10. P10. Payments by employing authorities to the Committee

    11. P11. Extra charges resulting from early retirement

    12. P12. Pensions Order payments

14. PART R MISCELLANEOUS POWERS AND DUTIES OF AUTHORITIES

    1. R1. Information to be supplied by certain employees

    2. R2. Records to be kept by authorities

    3. R3. Transmission of documents and information

    4. R4. Payments due in respect of deceased persons

    5. R5. Pensions Order premiums

15. PART S MISCELLANEOUS AND SUPPLEMENTAL

    1. S1. Periods of time

    2. S2. Application to benefits in respect of former employments

    3. S3. Revocations

16. Signature

17. 1. SCHEDULE 1

       Glossary of Expressions

    2. SCHEDULE 2

       Pensionable Employees

       1. PART I SCHEDULED BODY

       2. PART II WHOLE-TIME PENSIONABLE EMPLOYEES EMPLOYED IN A MANUAL CAPACITY

          1. 1. The requirements to be satisfied in order that a whole-time...

          2. 2. A notice under paragraph 1(b) must also contain a declaration...

          3. 3. A person electing under paragraph 1(b) need not, before becoming...

       3. PART III PERSONS EMPLOYED IN A QUALIFYING PART-TIME EMPLOYMENT

          1. 1. (1) Subject to sub-paragraphs (2) to (5) and regulations B2...

          2. 2. If a person who is in a part-time employment under...

          3. 3. Where— (a) at any time after 31st March 1974 a...

    3. SCHEDULE 3

       Maximum Length of Additional Periods

       1. 1. (1) Subject to paragraph 2, the maximum length of the...

       2. 2. (1) In the case of a person who at the...

    4. SCHEDULE 4

       Amount to be paid for Additional Period

       1. PART I LUMP SUM PAYMENT

          1. 1. The amount to be paid by an employee who has...

       2. PART II PERIODICAL PAYMENTS

          1. 2. The amount to be paid by way of additional contributions...

          2. 3. (1) For the purposes of paragraph 2, in relation to...

    5. SCHEDULE 5

       Payment to Avoid Reduction of Retiring Allowance

       1. PART I LUMP SUM PAYMENT

          1. 1. The amount to be paid by an employee who has...

          2. 2. The amount is to be paid within one month after...

       2. PART II INSTALMENTS

          1. 3. The amount to be paid by an employee who has...

          2. 4. The employee is to specify in his notice of election...

          3. 5. Instalments are to be of equal amounts and to be...

       3. PART III ADDITIONAL CONTRIBUTIONS

          1. 6. The amount to be paid by way of additional contributions...

          2. 7. (1) For the purposes of paragraph 6 in relation to...

          3. 8. An employee is to specify in his notice of election...

          4. 9. Additional contributions are to be paid, at such intervals as...

       4. PART IV UNCOMPLETED PAYMENTS

          1. 10. This Part applies where an employee has under regulation C9...

          2. 11. The relevant events are— (a) the discontinuance of payment under...

          3. 12. Where the relevant event is the discontinuance of payment under...

          4. 13. Where the relevant event is— (a) the death of the...

          5. 14. (1) Where the relevant event is the employee’s ceasing to...

          6. 15. (1) Where the relevant event is the employee’s ceasing to...

    6. SCHEDULE 6

       Further Additional Contributions

       1. 1. (1) An election to pay contributions under regulation C11 shall...

       2. 2. With respect to any election under paragraph 1—

       3. 3. (1) Where a notice under paragraphs 1(1) or 2(c) specifies...

       4. 4. (1) The Committee shall invest any additional contributions which are...

       5. 5. (1) As soon as an employing authority receive a notice...

       6. 6. (1) If, after ceasing to be employed by the employing...

       7. 7. Paragraph 2(d) shall not preclude a pensionable employee who has...

       8. 8. (1) If the benefits payable to a person in consequence...

       9. 9. (1) Regulations C15 to C17 (return of contributions) and P2...

       10. 10. In this Schedule— “insurance company” means— a person authorised under...

    7. SCHEDULE 7

       Limitation of Payments under Part C

    8. SCHEDULE 8

       Uncompleted Payment of Additional Contributions

       1. 1. This Schedule applies where an employee has made an election...

       2. 2. The relevant events are— (a) the discontinuance of payment under...

       3. 3. Where the relevant event is the discontinuance of payment under...

       4. 4. Where the relevant event is— (a) the death of the...

       5. 5. (1) Where the relevant event is the employee’s ceasing to...

       6. 6. (1) Where the relevant event is the employee’s ceasing to...

    9. SCHEDULE 9

       Additional Reckonable Service for Ill-health

       1. 1. (1) This Schedule applies for the calculation of the additional...

       2. 2. (1) Subject to sub-paragraph (2) and paragraph 3, the additional...

       3. 3. (1) This paragraph applies where before entering the employment which...

    10. SCHEDULE 10

        Payment for Additional Reckonable Service of Part-time Employees

        1. PART I AMOUNT TO BE PAID FOR ADDITIONAL PERIOD

           1. 1. The amount payable by an eligible person or his widow...

           2. 2. In paragraph 1— (a) the annual rate of remuneration shall...

        2. PART II CALCULATION OF ADDITIONAL PERIOD

           1. 3. Where payment of the sum payable under regulation C7(9) has...

           2. 4. A person who discontinues payment under regulation C7(20) shall be...

           3. 5. Paragraphs 6 to 8 apply where a person has begun...

           4. 6. A pensionable employee who dies, or ceases to hold his...

           5. 7. Subject to paragraph 8, a person who ceases to be...

           6. 8. A person to whom paragraph 7 applies by reason of...

    11. SCHEDULE 11

        Reduction of Benefits on Early Payment

    12. SCHEDULE 12

        Surrender of Part of Retirement Pension

        1. PART I LIMITS ON AMOUNT SURRENDERED

           1. 1. (1) The part of the retirement pension surrendered on any...

           2. 2. Where the person falls within regulation E17(2)(b), references in paragraph...

        2. PART II PROCEDURE

           1. 3. Upon a person’s first becoming eligible to notify his wish...

           2. 4. Where a person wishes to make a surrender he may—...

           3. 5. On receipt by the Committee of a notification given by...

           4. 6. Any fee payable to a practitioner in respect of an...

           5. 7. (1) Subject to the provisions of this Schedule, unless the...

           6. 8. A person who has given a notification of his desire...

           7. 9. (1) A notification given by a person under paragraph 4...

    13. SCHEDULE 13

        Women’s Services

        1. 1. Member of Queen Alexandra’s Royal Naval Nursing Service or any...

        2. 2. Member of the Women’s Royal Naval Service.

        3. 3. Woman medical or dental practitioner serving in the Royal Navy...

        4. 4. Member of Queen Alexandra’s Imperial Military Nursing Service or any...

        5. 5. Member of the Territorial Army Nursing Service or any reserve...

        6. 6. Member of the Auxiliary Territorial Service.

        7. 7. Woman employed with the Royal Army Medical Corps or the...

        8. 8. Member of Princess Mary’s Royal Air Force Nursing Service or...

        9. 9. Member of the Women’s Auxiliary Air Force.

        10. 10. Woman employed with the Medical Branch or the Dental Branch...

        11. 11. Member of the Voluntary Aid Detachments employed under the Admiralty,...

    14. SCHEDULE 14

        Public Service Schemes

        1. PART I

           1. 1. Regulations from time to time in force under the Police...

           2. 2. Orders and regulations from time to time in force under...

           3. 3. The Firemen’s Pension Scheme brought into operation under section 26...

           4. 4. Orders from time to time in force under section 10...

        2. PART II

           1. 5. The Teachers' (Superannuation) Act 1925 and rules from time to...

           2. 6. A 1923 Act scheme within the meaning of the Teachers'...

        3. PART III

           1. 7. Provisions of or under the Local Government Superannuation Act 1937...

           2. 8. Provisions of or under the Local Government Superannuation (Scotland) Act...

           3. 9. Regulations from time to time in force under section 67...

           4. 10. Regulations from time to time in force under section 61...

    15. SCHEDULE 15

        Modifications to the Regulations in their Application to Special Cases

        1. PART I EXISTING OFFICERS

           1. 1. In the case of an existing officer who elected under...

           2. 2. In determining whether any person to whom paragraph 1 applies...

           3. 3. Regulation C1(4) shall not apply.

           4. 4. (1) Subject to sub-paragraphs (2) and (3), in the case...

           5. 5. For the purposes of paragraph 4, any period reckonable as...

           6. 6. Regulation E26(1)(a) shall not apply to any person to whom...

           7. 7. Regulation E19(2)(a) shall have effect as if after the words...

           8. 8. In this Part, non-contributing service shall be calculated by deducting...

           9. 9. Regulation F3(8) shall have effect as if after the word...

           10. 10. Regulation F6(15)(b)(i) shall not apply.

           11. 11. In the case of an existing officer who under regulation...

        2. PART II CERTAIN FEMALE NURSES, PHYSIOTHERAPISTS, MIDWIVES AND HEALTH VISITORS

           1. 1. Regulation B1(8) shall have effect as if—

           2. 2. Regulation E2(1)(a) and (d) shall have effect as if for...

           3. 3. Regulation E26(1) shall have effect as if after the words...

    16. SCHEDULE 16

        Calculation of Transfer Values

        1. PART I

           1. 1. The transfer value payable under regulation J2, J3(1) or J14...

           2. 2. (1) The sums in respect of accrued pension, accrued retiring...

           3. 3. In this Schedule— “accrued pension” means the annual retirement pension...

        2. PART II

        3. PART III

        4. PART IV

        5. PART V

    17. SCHEDULE 17

        Calculation of reckonable service to be credited under regulation J9(1)(a)

        1. 1. Subject to the provisions of this Schedule the period which...

        2. 2. For the purposes of paragraph 1— (1) in the case...

    18. SCHEDULE 18

        Fund apportionment where 100 or more transfer their pension rights under regulation J14

        1. PART I

           1. 1. This Part applies if the fund is to be apportioned...

           2. 2. The Committee shall obtain a report from the fund’s actuary...

           3. 3. The apportionment fraction is— [ A B × ( C...

           4. 4. The relevant date is the date on which those transferring...

           5. 5. The accrued actuarial liabilities of the fund are the actual...

           6. 6. The transferable assets of the fund are the assets which...

           7. 7. The values of items D and E are to be...

           8. 8. Subject to paragraph 7, valuations are to be made by...

           9. 9. Where more than one approved non-local government scheme is involved,...

           10. 10. When the Committee receive the actuary’s report they shall provide...

           11. 11. The value of the share of the fund to which...

           12. 12. The apportionment date is the date specified as such by...

           13. 13. Except with the agreement of the scheme managers of the...

           14. 14. Subject to paragraphs 15 to 17, immediately after the apportionment...

           15. 15. The Committee and the scheme managers may agree to transfer...

           16. 16. The value of an advance under paragraph 15 shall not...

           17. 17. Where an advance is made under paragraph 15, the Committee’s...

           18. 18. The employing authority shall bear the costs of apportioning the...

           19. 19. The Committee shall keep their accounts in a form which...

        2. PART II

           1. 20. This Part applies where the fund is to be apportioned...

           2. 21. The provisions of Part I are to apply to the...

           3. 22. If any question arises in connection with paragraph 21, it...

    19. SCHEDULE 19

        Bodies to certain of whose employees Part L applies

    20. SCHEDULE 20

        The Committee

        1. PART I CONSTITUTION OF THE COMMITTEE

           1. 1. The Committee shall consist of a chairman appointed by the...

           2. 2. Subject to the provisions of paragraph 5, the term of...

           3. 3. The quorum of the Committee shall be 9, or such...

           4. 4. The Committee may act notwithstanding any vacancy in their number...

           5. 5. A casual vacancy occurring in the membership of the Committee...

           6. 6. A member of the Committee may resign his membership by...

           7. 7. Where any member of the Committee is absent from the...

           8. 8. A member of the Committee on vacating his office at...

           9. 9. No defect in the appointment of any person acting as...

        2. PART II POWERS OF THE COMMITTEE

           1. 1. The Committee, which shall be a body corporate with perpetual...

           2. 2. The Committee may appoint a sub-committee or an officer employed...

           3. 3. The number of members of a sub-committee appointed under paragraph...

           4. 4. A sub-committee appointed under paragraph 2 shall consist of members...

           5. 5. A sub-committee or an officer appointed under paragraph 2 shall...

           6. 6. The Committee may revoke any appointment made under paragraph 2,...

           7. 7. Any arrangements made by the Committee for the discharge of...

           8. 8. The seal of the Committee shall be authenticated by the...

           9. 9. Every document purporting to be an instrument issued by the...

           10. 10. Subject to the provisions of these regulations, the Committee shall...

           11. 11. The Committee may with the approval of the Department appoint...

           12. 12. In addition to the appointments mentioned in paragraph 11, the...

           13. 13. (1) The Committee may make arrangements with any district council,...

           14. 14. Section 18(2) of the Interpretation Act (Northern Ireland) 1954 shall...

        3. PART III EXPENSES AND ALLOWANCES PAYABLE BY THE COMMITTEE

           1. 1. The expenses of the Committee, including payments in respect of...

           2. 2. The Committee may, in addition to any payments made under...

           3. 3. The Committee may in addition to any payments made under...

           4. 4. A member of the Committee entitled to a financial loss...

           5. 5. A claim for a financial loss allowance shall be submitted...

           6. 6. In this Part— “approved duty” means attendance at a meeting...

    21. SCHEDULE 21

        Revocations

18. Explanatory Note