The Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001

Regulation 41

SCHEDULE 3 Transitional provisions and savings

Part I

1.  Regulation 3 does not apply if the cessation of employment referred to in paragraph (1) of that regulation occurred before 15th May 1986.

Part II

2.  Nothing in Part III applies to a person who ceased to hold his employment with an employing authority as mentioned in regulation 5(1)(a) before 29th March 1976.

3.  Where the employment by reference to the cessation of which a period might fall to be credited ceased to be held before 6th April 1988, Part III shall have effect as if the amendments made by the Local Government (Superannuation and Compensation) (Amendment) Regulations (Northern Ireland) 1991(1) had not been made (and, in particular, that Part shall have effect with such modifications as are necessary for the omission of references to assumed members and the expressions defined in regulation 6).

4.  If the material date was before 1st April 1983, regulation 7 shall have effect with the substitution for any reference to the material date of a reference to that date.

5.  Regulations 12 and 13 do not apply to the compensation payable to a person whose material date is before 1st April 1983.

6.  In a case where the death occurs on or before 5th April 1988, regulation 19(2) applies with the omission of paragraph (a)(i) and the word “otherwise” in paragraph (a)(ii).

7.  Regulations 20(4), 22(2) and 24(4) do not apply if the material date in relation to the deceased was before 1st April 1983.

8.  As respects any female employee who—

(a) duly elected under regulation El2(1)(b) or(2)(b) of the 1992 Regulations (election by wife of dependent and permanently incapacitated husband);

(b) duly elected under regulation 11(1) of the 1983 Regulations (similar elections and elections by unmarried women with potentially eligible children); or

(c) immediately before these Regulations came into force was a person to whom regulation 11(2) of the 1983 Regulations applied,

these Regulations have effect as if references in them to provisions in Parts D, F and G of the LGPS Regulations were references to those provisions as modified by paragraphs 2 and 3 of Schedule F1 to those Regulations.

Part III

9.  Regulation 31 does not apply if the cessation of employment referred to in paragraph (1) of that regulation occurred before 28th December 1994.

(1)

S.R. 1991 No. 19