Local Government Pension Scheme Regulations (Northern Ireland) 2000

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

B6.—(1) Subject to the following provisions of this regulation, the Committee may make an agreement (in these regulations referred to as “an admission agreement”) with any body specified in paragraph (9) (“the employing body”), providing for employees of the employing body to be eligible to participate in the benefits of the Scheme.

(2) Subject to paragraph (4), an admission agreement may provide for employees, or any specified class or classes of employees, of the employing body to be members of the Scheme.

(3) Subject to paragraph (4) and regulation B9(3), these regulations apply to a person who is such an employee as is mentioned in paragraph (2) (“an admission agreement employee”) and has become a member of the Scheme as if the employing body were a LGPS employer.

(4) An admission agreement may not provide for any person to be a member if he would be ineligible to be a member by virtue of regulation B2(1) or (3), B3, B7 or B8 if he were an employee of a LGPS employer.

(5) Except as provided in paragraphs (6) and (7), an admission agreement may not modify the application of these regulations to any employee so that he has any greater or lesser rights or liabilities than those he would have if he became a member of the Scheme by virtue of regulation B1.

(6) An admission agreement may provide that any previous period of employment of an employee by the employing body is to count to such extent as there specified as a period of deemed membership of the Scheme.

(7) An admission agreement—

(a) shall provide that the agreement shall cease to have effect if the employing body ceases to be a body specified in paragraph (9); and

(b) may make such other provision for, and contain such incidental provisions relating to, its cessation as the parties consider appropriate.

(8) On making an admission agreement the Committee shall immediately inform the Department of the name of the employing body and the date from which the agreement takes effect.

(9) The bodies mentioned in paragraph (1) are—

(a) a body representative of local authorities or of local authorities and officers of local authorities or a body representative of officers of local authorities formed for the purpose of consultation as to the common interest of those authorities and the discussion of matters relating to local government;

(b) statutory undertakers;

(c) non-statutory undertakers;

(d) a body which provides a public service in Northern Ireland otherwise than for the purposes of gain or to whose funds any district council contributes or to whom any monies are payable from monies appropriated by Measure;

(e) the managers of a voluntary school within the meaning of Article 2(2)of the Education and Libraries (Northern Ireland) Order 1986(1); and

(f) the governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997(2).

(10) In this regulation—

• “statutory undertakers” means a body authorised by any statutory provision to carry on—

  (a)

  any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier, lighthouse or airport undertaking; or

  (b)

  any undertaking for the supply of electricity, gas or hydraulic power; or

  (c)

  any undertaking for the promotion of industrial development or the promotion of the development of tourist traffic;

• “non-statutory undertakers” means a body who, though not authorised by any statutory provision to do so, is primarily engaged in carrying on—

  (a)

  any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier, lighthouse or airport undertaking; or

  (b)

  any undertaking for the supply of electricity, gas or hydraulic power; or

  (c)

  any undertaking for the promotion of industrial development or the promotion of the development of tourist traffic.

(1)

S.I. 1986/594 (N.I. 3) relevant amending regulations are S.I. 1993/2810 (N.I. 12) and S.I. 1997/1772 (N.I. 15)

(2)

S.I. 1997/1772 (N.I. 15)