Local Government Pension Scheme Regulations (Northern Ireland) 2000

1. Introductory Text

2. Part A Preliminary

   1. A1. Citation, commencement and retrospection

   2. A2. Interpretation

3. Part B Membership

   1. Eligibility

      1. B1. General eligibility of employees of LGPS employers

      2. B2. Age restrictions: meaning of “latest retirement age” and “LRD”

      3. B3. Restrictions by reference to working hours: “part-time” and “variable-time” employees

      4. B4. Certain office-holders etc. to be treated as employees of LGPS employers

      5. B5. Separate employments etc.

      6. B6. Power to extend eligibility to employees of other bodies (“admission agreements”)

      7. B7. Ineligibility of employees eligible to join other statutory schemes

      8. B8. Other cases of ineligibility

   2. Joining and leaving the Scheme

      1. B9. Applications for membership

      2. B10. Admission to the Scheme

      3. B11. Leaving the Scheme

      4. B12. Rejoining the Scheme

   3. Membership periods

      1. B13. Periods of membership: “total period of membership”

      2. B14. Length of period of membership: calculation of benefit

      3. B15. Special power of employing authority to increase period of membership

4. Part C Members' Contributions

   1. Preliminary definitions

      1. C1. Meaning of “remuneration”

      2. C2. Meaning of “normal retirement age” and “NRD”

   2. Standard contributions

      1. C3. Member’s standard contributions

      2. C4. Contributions payable for previous part-time employment

   3. Effect of absences on contributions

      1. C5. Leave of absence from duty

      2. C6. Maternity absence

      3. C7. Absence owing to trade dispute

      4. C8. Absence on reserve forces service

   4. Additional payments to improve benefits

      1. C9. Payments to increase membership: calculation of all benefits

      2. C10. Maximum length of additional periods to be purchased under regulation C9

      3. C11. Amounts of payments under regulation C9

      4. C12. Purchase by part-time employees of additional periods under regulation C9

      5. C13. Payments to avoid reduction of retirement grant and death grant

      6. C14. Payments to increase widower’s pension by counting membership before 1st April 1972

      7. C15. Amount of payments under regulation C13 and C14

      8. C16. Further provisions as to making of payments under regulations C13 and C14

      9. C17. No elections to make payments after 64

   5. Incomplete payments and return of contributions

      1. C18. Notice to discontinue payments

      2. C19. Uncompleted periodical payments

      3. C20. Effect of opting out of membership on certain additional payments

      4. C21. Return of member’s contributions in certain cases

      5. C22. Meaning of “aggregate amount of contributions” for purposes of regulation C21

      6. C23. Effect of return to local government on right to a return of contributions

   6. AVCs

      1. C24. Additional voluntary contributions

   7. Deduction and recovery of contributions

      1. C25. Deduction and recovery of member’s contributions

   8. Limitations on payments

      1. C26. Limitation of payments

   9. Provisions concerning continuing payments under old legislation

      1. C27. Provisions concerning outstanding payments due under previous regulations

5. Part D Retirement Benefits

   1. Preliminary definitions

      1. D1. “Pensionable remuneration”

      2. D2. “Standard retirement pension” and “standard retirement grant”

      3. D3. For the purposes of these regulations, a person has a...

      4. D4. References to members leaving employment to include optants-out

   2. Entitlement to immediate payment of benefits on retirement

      1. D5. Retirement on or after NRD

      2. D6. Early entitlement to retirement benefits: redundancy etc.

      3. D7. Early entitlement to retirement benefits: ill-health

      4. D8. Ill-health retirement grants

      5. D9. Retirement at or after 60 but before NRD

      6. D10. No double entitlement

   3. Entitlement to deferred benefits: (“preserved benefits”)

      1. D11. Entitlement to deferred retirement benefits (“preserved benefits”)

      2. D12. Further provisions about preserved benefits

   4. Adjustments to standard benefits

      1. D13. Reduction of pensions payable early by virtue of elections etc.

      2. D14. Surrender of part of retirement pension in favour of spouse or dependant

      3. D15. Adjustments to retirement pensions and grants for certain re-employed pensioners

   5. Overriding provisions (contracting-out and Finance Act requirements, etc.)

      1. D16. Guaranteed minimum pensions for members in contracted-out employment, etc.

      2. D17. Revaluation of guaranteed minimum in certain cases

      3. D18. Equivalent pension benefits

      4. D19. National insurance

      5. D20. Limitations on benefits etc.

6. Part E Death Grants

   1. Death of a member

      1. E1. Death grant: members in service

   2. Death of a deferred pensioner

      1. E2. Death grant: deferred pensioners

   3. Death of a pensioner

      1. E3. Death grant: pensioners with 10 years' or more membership

      2. E4. Death grant: pensioners with less than 10 years' membership

   4. General provisions relating to death benefits

      1. E5. Surviving spouse deductions from certain death grants

      2. E6. Adjustments to death grants for certain re-employed pensioners

      3. E7. Part-timers' pensionable remuneration for certain purposes of this Part

      4. E8. Nomination of beneficiary of death grant

7. Part F Surviving Spouses' Pensions

   1. Death of a member

      1. F1. Member’s spouse’s short-term pension

      2. F2. Member’s spouse’s long-term pension

   2. Death of a deferred pensioner

      1. F3. Deferred pensioner’s spouse’s long-term pension

   3. Death of a pensioner

      1. F4. Pensioner’s spouse’s short-term pension

      2. F5. Pensioner’s spouse’s long-term pension

   4. General provisions relating to surviving spouses' pensions

      1. F6. Post retirement marriages

      2. F7. Widowers: requirement for post 31st March 1972 membership and consequent adjustments to “retirement pension”

      3. F8. Widowers: elections in respect of pre 1st April 1972 membership etc.

      4. F9. Adjustments to pensions of surviving spouses of certain re-employed pensioners

   5. Contracting-out requirements: GMP rule

      1. F10. Surviving spouse’s guaranteed minimum pension

   6. Cessation of membership before the commencement date

      1. F11. Cessation of membership before the commencement date

8. Part G Children’s Pensions

   1. Preliminary

      1. G1. Meaning of “child”

      2. G2. Meaning of “eligible child”

   2. Death of a member

      1. G3. Member’s children’s long-term pension

      2. G4. Member’s children’s short-term pension

   3. Death of a deferred pensioner

      1. G5. Deferred pensioner’s children’s long-term pension

   4. Death of a pensioner

      1. G6. Pensioner’s children’s long-term pension

      2. G7. Pensioner’s children’s short-term pension

   5. General provisions relating to children’s pensions

      1. G8. Limitations on entitlement to children’s short-term pensions

      2. G9. Long-term pensions: increase of period of membership in certain cases

      3. G10. Children over 17 in paid training

      4. G11. Discretions as to payment of children’s pensions

      5. G12. Adjustments to children’s pensions for certain re-employed pensioners etc.

9. Part H General Provisions Concerning Benefits

   1. H1. Interest on late payment of certain benefits

   2. H2. National Insurance

   3. H3. Benefits not assignable

   4. H4. Forfeiture of pension rights after conviction of employment-related offences

   5. H5. Commutation: small pensions

   6. H6. Commutation : exceptional circumstances of ill-health

   7. H7. Payments due in respect of deceased persons

10. Part J Decisions and Appeals

    1. J1. Initial decisions

    2. J2. Decisions as to status of employees

    3. J3. Decisions as to benefits

    4. J4. Notification of decisions

    5. J5. Appointment of persons to resolve disputes

    6. J6. Application for a decision

    7. J7. Notice of a decision

    8. J8. Referral of disagreement to the Committee

    9. J9. Notice of decision from the Committee

    10. J10. Referral of decisions under regulation J2(1) to the county court

    11. J11. Definitions

11. Part K Interchange Etc.

    1. Preliminary

       1. K1. Interpretation

    2. Transfers out

       1. K2. Outwards transfers

       2. K3. Time for payment of transfer value under regulation K2

       3. K4. Cases where right to transfer value excluded

       4. K5. Amount of transfer value under regulation K2

       5. K6. Special provision as respects pre-6th April 1988 service

       6. K7. Reductions of the transfer value: unsecured GMPs, pre-1988 service and forfeiture

       7. K8. Minimum transfer values

       8. K9. Modifications where transfer is to club scheme

       9. K10. Modification in connection with persons to whom regulation K17 applies

       10. K11. General provisions about payment of transfer values

       11. K12. Termination of right to payment out of the fund

       12. K13. Revival of rights for certain Community scheme transferees

    3. Transfers in

       1. K14. Inward transfers

       2. K15. Right to count service

       3. K16. Calculation of period of membership allowed under regulation K15(1)(a): non-club schemes

       4. K17. Mis-sold pensions

       5. K18. Special provision where transfer is from a club scheme

       6. K19. Increase in return of contributions

       7. K20. Provision of information, charging and prescribed persons

    4. Transfers of certain members who are eligible to join approved non-local government schemes

       1. K21. Certain members who become subject to other pension schemes in the same employment

       2. K22. Requests for transfer payments: regulation K21 employees and employees of ineligible employers

12. Part L Pension Fund and Payments by Employers

    1. The pension fund

       1. L1. Continuation of existing superannuation fund

    2. Accounts audit and annual report

       1. L2. Accounts audit and annual report

    3. Valuations and rates of contributions and adjustments

       1. L3. Valuations of fund

       2. L4. Actuary’s certificates

    4. Employers' liability to make payments

       1. L5. Employer’s contributions

       2. L6. Employer’s further payments

       3. L7. Payments by employing authorities to the Committee

    5. Transfers, recovery and retention from the fund in misconduct cases

       1. L8. Transfer of sums from the fund to compensate for former member’s misconduct

       2. L9. Recovery or retention where former member has misconduct obligation

    6. Certain statutory payments to be met out of the fund

       1. L10. Pension increases and cash equivalents under the Pension Schemes (Northern Ireland) Act 1993

       2. L11. Pension increases under the Pensions (Increase) Act (Northern Ireland) 1971 and the Pensions Increase (Northern Ireland) Order 1974

       3. L12. Contributions equivalent premium

    7. Constitution and powers of the Committee

       1. L13. Administration and Management

13. Part M Miscellaneous and General Provisions

    1. Modification in special cases

       1. M1. Modifications of regulations in special cases

    2. Information and records

       1. M2. Information to be supplied by certain employees

       2. M3. Records to be kept by employing authorities and the Committee

       3. M4. Transmission of documents and information

    3. Supplementary provisions

       1. M5. Right to opt out

       2. M6. Transitional and transitory provisions

       3. M7. Revocations

       4. M8. Consequential amendments

14. Signature

15. 1. SCHEDULE A1

       General Definitions

    2. SCHEDULE B1

       Relevance of membership for purposes of scheme

       1. Part I Exclusion of Certain Membership for Certain Purposes

          1. 1. Disregard of “superannuable membership” in determining entitlement to benefits

          2. 2. Death grants

          3. 3. Return of contributions: reduction of membership as respects preserved benefits

          4. 4. Re-employed pensioners: disregard of certain former membership

       2. Part II Relevance of Former and Related Membership For Certain Purposes

          1. 5. Total period of membership to include former and related membership for some purposes of entitlement etc.

          2. 6. Former “qualifying service”

          3. 7. Previous service of certain variable-time employees

          4. 8. Previous service of certain re-employed pensioners

          5. 9. Previous service of certain part-time employees

          6. 10. Transfers in

          7. 11. Excluded periods

    3. SCHEDULE C1

       Further provisions concerning meaning of “remuneration”

       1. 1. Part-timers

       2. 2. Statutory payments during absence

       3. 3. For the purposes of regulation C6— (a) a woman’s remuneration...

       4. 4. In regulation C7 “remuneration” does not include any guarantee payment...

       5. 5. For the purpose of calculating the amount of any benefit...

       6. 6. Additional periodical payments: “remuneration for the time being”

       7. 7. Power to agree notional remuneration

    4. SCHEDULE C2

       Appropriate percentages: calculation of payments of Schedule C4

       1. Part I

          Payments Under Regulation C11

          1. Table A

             1. Males Members to whom regulation D2(2) does not apply

          2. Table B

             1. Females Members to whom regulation D2(2) does not apply

          3. Table C

             1. Males Members to whom regulation D2(2) applies

          4. Table D

             1. Females Members to whom regulation D2(2) applies

       2. Part II Lump sum cost of each added year which cannot be bought by annual contributions because of the 15 per cent. limits

          1. Table E

             1. Males Class B and Class C members to whom regulation D2(2) does not apply

          2. Table F

             1. Females Class B and C members to whom regulation D2(2) does not apply

          3. Table G

             1. Males Class B and Class C members to whom regulation D2(2) applies

          4. Table H

             1. Females Class B and Class C members to whom regulation D2(2) applies

       3. Part III Payments under Regulation C15

          1. Table J Males

          2. Table K Females

    5. SCHEDULE C3

       Additional voluntary contributions

       1. 1. Making and variation of elections

       2. 2. Payment and amount of AVCs

       3. 3. No contributions shall be payable under regulation C24 with respect...

       4. 4. Contributions under regulation C24 shall normally be payable on the...

       5. 5. Functions of employing authorities and the Committee

       6. 6. (1) Where a notice under paragraph 1 specifies that all...

       7. 7. (1) The Committee shall invest with a relevant body any...

       8. 8. The benefits under a pension policy entered into under paragraph...

       9. 9. The Committee— (a) shall consult the member before entering into...

       10. 10. Changes of employment in which membership is continued

       11. 11. As soon as the new employing authority receives a notice...

       12. 12. (1) Subject to sub-paragraph (2), the member shall, with effect...

       13. 13. The Committee shall in respect of contributions made under regulation...

       14. 14. Paragraphs 7(2) and 10 to 16 shall have effect in...

       15. 15. Cessation of membership or employment

       16. 16. Where a person receives a refund under regulation C21 as...

       17. 17. Paragraph 3 shall not preclude a member who has again...

       18. 18. Separate treatment of AVCs from other contributions

       19. 19. The making of contributions under regulations C24, and any rights...

       20. 20. Inward transfer of AVC rights

       21. 21. Over-provision: calculation and return of surplus funds

       22. 23. Supplemental

    6. SCHEDULE C4

       Limitations on contributions and benefits

       1. Part I General

          1. 1. “Class A members”, “Class B members” and “Class C members”

          2. 2. Remuneration of Class A members: “permitted maximum”

       2. Part II Limitations on Contributions

          1. 3. General 15 per cent. limitation

          2. 4. Excess contributions payable by lump sum: Class B and C members

          3. 5. Additional voluntary contributions

       3. Part III Limitations on benefits

          1. 6. Restrictions on “pensionable remuneration”: Class A members with transferred-in membership

          2. 7. “Pensionable remuneration”: retirement grants for Class B members

          3. 8. Restrictions on membership period used for calculating amounts of benefits

          4. 9. Subject to paragraph 10 where the aggregate length of—

          5. 10. Where— (a) the calculation of any benefit in respect of...

          6. 11. Death grants

    7. SCHEDULE C5

       Provisions concerning outstanding payments due under previous regulations

       1. 1. Continuation of certain payments

       2. 2. Counting of extra membership periods on completion of payments begun under earlier provisions

       3. 3. Part-timers buying additional periods

       4. 4. Additional payments by certain members in respect of previous service

       5. 5. (1) Without prejudice to the previous provisions of this Schedule,...

       6. 6. Incomplete payments under provisions saved by this Schedule

       7. 7. Regulation C19(7) shall apply to a person who has given...

       8. 8. Continuing provision relating to payments originally made under the 1981 regulations

       9. 9. Reduction of added years

       10. 10. Reduction of returned contributions in certain cases

    8. SCHEDULE D1

       Further provisions about pensionable remuneration

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

       2. 2. Optional alternative relevant periods

       3. 3. Subject to paragraphs 4 and 5, where a person is...

       4. 4. (1) Where a reduction in a member’s remuneration is certified...

       5. 5. Where the member’s pensionable remuneration would be higher if either...

       6. 6. Periods of absence

       7. 7. Part-timers

       8. 8. Multiple employments

       9. 9. Fee earners

       10. 10. Employees with notional remuneration

    9. SCHEDULE D2

       Retirement Grants

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

       2. 2. (1) Subject to paragraph 4, where— (a) a woman has...

       3. 3. (1) Subject to paragraph 4, where the person—

       4. 4. In calculating any reduction under paragraph 1, 2 or 3,...

    10. SCHEDULE D3

        Additional membership in cases of ill-health

        1. 1. “Relevant service” and “relevant membership period”

        2. 2. Calculation of additional membership period

        3. 3. Alternative additional periods

        4. 4. Part-timers

    11. SCHEDULE D4

        Procedure for surrender of part of retirement pension

        1. 1. The Committee shall send to each person who becomes eligible...

        2. 2. (1) Subject to sub-paragraph (3), where a person wishes to...

        3. 3. (1) Subject to sub-paragraphs (2) and (3), where the Committee...

        4. 4. (1) Subject to the provisions of this Schedule, unless

        5. 5. A person who has given a notification under paragraph 2...

        6. 6. (1) A notification given by a person under paragraph 2...

    12. SCHEDULE D5

        Re-employed pensioners

        1. Part I Reduction of Retirement Pension

           1. 1. Application of Part I

           2. 2. General reduction rule

           3. 3. Where within the last 12 months of the former employment...

           4. 4. In paragraphs 2 and 3— (a) references to the indexed...

           5. 5. (1) For the purposes of this Part, subject to sub-paragraph...

           6. 6. Alteration of terms in new employment

           7. 7. Proportional reduction in cases of two or more pensions

           8. 8. Duty to inform employers of application of Part I

        2. Part II Combined Benefits

           1. 9. Election for application of Part II

           2. 10. New entitlement to single pension

           3. 11. If in conjunction with the first pension the person was...

           4. 12. If— (a) the first pension was, and

           5. 13. If part of the first pension was surrendered under regulation...

           6. 14. In relation to a person who— (a) before 1st April...

        3. Part III Separate Benefits

           1. 15. Application of Part III

           2. 16. Modifications to usual benefit rules

           3. 17. Benefits on and after death

        4. Part IV Surviving Spouses' and Children’s Benefits

           1. 18. (1) This paragraph applies where— (a) a person was entitled...

           2. 19. Where— (a) a person was entitled to an annual pension...

           3. 20. Where— (a) a surviving spouse is entitled to a spouse’s...

           4. 21. (1) Where— (a) a surviving spouse is entitled to a...

    13. SCHEDULE F1

        Elections as respects widowers' pensions etc.

        1. 1. (1) A married woman who— (a) was a member on...

        2. 2. Elections under regulation E12 of the 1992 regulations

        3. 3. Where a woman died before 6th April 1988, Part G...

    14. SCHEDULE K1

        Revival of rights for certain community scheme transferees

        1. 1. Persons to whom this Schedule applies

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

        3. 3. (1) Where— (a) the person ceased to be employed in...

        4. 4. Paragraphs 2 and 3 shall not confer any right to—...

        5. 5. Interpretation of references to those claiming through a person

    15. SCHEDULE K2

        Mis-sold Pensions

        1. 1. Prescribed persons

        2. 2. For the purposes of regulation K20(3) (persons on whom fees...

        3. 3. A restitution payment in relation to an individual shall be...

        4. 4. The amount, if any, calculated by virtue of paragraph 3(b)...

        5. 5. In this Schedule— (a) “material date” means the date on...

    16. SCHEDULE L1

        The Committee

        1. Part I Constitution of the Committee

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

           2. 2. (1) Subject to the provisions of paragraphs 2(2) and 5,...

           3. 3. The quorum of the Committee shall be 6, or such...

           4. 4. The Committee may act notwithstanding any vacancy in its 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. 10. The Committee, which shall be a body corporate with perpetual...

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

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

           4. 13. A sub-committee appointed under paragraph 11 shall consist of members...

           5. 14. A sub-committee or an officer appointed under paragraph 11 shall...

           6. 15. The Committee may revoke any appointment made under paragraph 11,...

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

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

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

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

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

           12. 21. In addition to the appointments mentioned in paragraph 20, the...

           13. 22. (1) The Committee may make arrangements with any district council,...

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

        3. Part III Expenses And Allowances Payable By The Committee

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

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

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

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

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

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

    17. SCHEDULE M1

        Modification in special cases

        1. Certain female nurses, physiotherapists, midwives and health visitors

    18. SCHEDULE M2

        Transitional and Transitory Provisions

        1. Part I General Provisions

           1. 1. In this Schedule “the revoked instruments” means the statutory instruments...

           2. 2. (1) The substitution of these regulations for the revoked instruments...

           3. 3. Where— (a) these regulations revoke a provision (“the commencement provision”)...

           4. 4. (1) The revocation by these regulations of any provision previously...

           5. 5. Where by virtue of Part II a reference in these...

        2. Part II Specific Provisions

           1. 6. Membership

           2. 7. Existing reckonable service etc.

           3. 8. War service

           4. 9. Remuneration

           5. 10. Continuation of options under regulation S2 of the 1992 regulations

           6. 11. Resolutions

    19. SCHEDULE M3

        Subordinate legislation revoked

    20. SCHEDULE M4

        Consequential Amendments

        1. 1. In regulation L5 of the 1992 regulations for “regulation E2”,...

        2. 2. In the Local Government (Superannuation) (Milk Marketing Board for Northern...

16. Explanatory Note