Local Government (Superannuation) Regulations (Northern Ireland) 1992

Revision of certain elections

F7.—(1) Subject to paragraph (2), where—

(a) notice of one or more elections under regulation C9(2) or regulation 15(2), (3) or (4) of the 1981 regulations or the corresponding provisions of the former regulations or notice under regulation 14 of the Local Government (Superannuation) (Amendment) (No. 3) Regulations (Northern Ireland) 1979(1) has been given by or in respect of a person in relation to whom regulation F3 applies; and

(b) the service thereby specified amounts to the whole of his reckonable service before, as the case may be—

(i) 1st April 1972;

(ii) any earlier date on which he became a widower or was judicially separated from his wife or on which his marriage was dissolved,

he or his personal representatives may elect that the period which he is or is deemed to be entitled to reckon as reckonable service by virtue of regulation F6(1) is to be treated as having been included in the service specified in the latest notice.

(2) An election under paragraph (1)—

(a) may not be made unless notice of election under regulation 98 of the 1981 regulations was given within the period of 6 months beginning on the relevant date, or in the case of a deceased employee who died during that period, within the period of 12 months beginning on the date of his death; and

(b) must, unless they allow a longer period, be made by giving notice in writing to the Committee within 3 months after the date of notification of a decision by the Committee, or as the case may be a determination by the county court under regulation N8 that the person is or is deemed to be entitled to reckon such a period as is mentioned in paragraph (1).

(3) For the purposes of paragraph (2)(a) the relevant date—

(a) where regulation F3(2)(d) applies, is 12th December 1985; and

(b) in any other case, is 1st December 1984.

(1)

S.R. 1979 No. 214 as extended by the Local Government (Superannuation) (Amendment) Regulations (Northern Ireland) 1980 (S.R. 1980 No. 265), regulation 9