Local Government (Superannuation) Regulations (Northern Ireland) 1992

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Explanatory Note

(This note is not part of the Regulations.)

These regulations consolidate (with amendments) the Local Government (Superannuation) Regulations (Northern Ireland) 1981 (“the 1981 regulations”) as amended.The Statutory Rules specified in Schedule 21 are revoked and re-enacted in a new presentation.This new presentation brings together regulations with the same subject matter in one Part.Each Part of these regulations is identified by a capital letter and the regulations within each Part are identified by the appropriate letter and by numbers which run from “1” within each Part.

Considerable drafting changes in the layout and terminology of the 1981 regulations have been made but in general the existing provisions have been reproduced.

The following new provisions are introduced—

1. In Part C (Payments by employees)—

(a)C3 — this enables a period of absence caused by a trade dispute to be treated as relevant absence for the purpose of the regulations and deals with other effects of a dispute;

(b)C17 — when a pensionable employee leaves employment with an employing authority contributions may be refundable but may be liable to be reduced in the circumstances set out in this regulation;

(c)C18 — this refers to new Schedule 7.

2. In Part D (Service)—

(a)D7 — reckonable service can be increased by an employing authority if there are exceptional reasons for doing so and this regulation sets out the conditions for such increases;

(b)D9 — where a person worked for an employing authority before becoming a pensionable employee his previous service can be counted as being reckonable following payment under C6;

(c)D10 — this covers the service of a pensionable employee who becomes a variable-time employee (a new class of employee to the scheme).

3. In Part E (Benefits)—

(a)E21 — where a reduction in remuneration occurs a pensionable employee is entitled to receive a certificate and this regulation outlines the procedure.It should be noted that E19 requires employing authorities to examine remuneration up to 13 years prior to retirement in certain circumstances;

(b)E24 — this service is to be excluded in determining entitlement to benefits;

(c)E25 — reckonable and non-contributing service under the former regulations is to be counted in determining entitlement to benefits;

(d)E27 — reckonable service under the former regulations to be counted in calculating amount of benefits.

4. In Part J (Interchange, etc.)—

(a)J6 — this regulation safeguards the rights of a person who transfers to a European Community Scheme;

(b)J13 — applies to a person who transfers to an approved non-local government scheme;

(c)J14 — this is related to J13 and covers the rights of a person who transfers to an approved non-local government scheme.

5. In Part N (Decisions and appeals)—

(a)N1 — a scheduled body shall initially decide any questions arising from the regulations but any decision shall not be binding on another body;

(b)N2 — in this regulation the decisions to be made by an employing authority regarding employee status are set out;

(c)N3 — decisions to be made by the Committee regarding employee status are contained in this regulation;

(d)N4 — the Committee are to decide whether a pensionable employee is eligible for war service;

(e)N5 — in this regulation the Committee are to decide whether a person is entitled to benefit;

(f)N6 — the Committee are to decide the amount of benefit payable;

(g)N7 — a body is obliged to send a written notification to a person once a decision has been made giving details of that decision and the right of appeal.

6. In Part P (Administration and management)—

(a)P8 — this safeguards the rights of an employee where payments were being made under regulation 43 of the 1981 regulations;

(b)P9 — under this regulation a scheduled body shall repay to the fund any extra charges resulting from an increase of reckonable service;

(c)P10 — contains details of payments and statements to be made to the Committee by employing authorities.

7. In Part R (Miscellaneous powers and duties of authorities)—

(a)R1 — information to be supplied by certain employees when requested by the Committee;

(b)R2 — scheduled bodies are to keep a record of all decisions made under regulations N2 to N4;

(c)R3 — information to be sent by employing authorities to the Committee and vice versa is set out in this regulation.

8. In Part S (Miscellaneous and supplemental)—

(a)S1 — savings provision;

(b)S2 — savings provision and provision to opt out if a person is adversely affected by these regulations.

9. Schedule 7 — this Schedule refers to the limitation of payments under Part C.

10. Schedule 9 — this Schedule applies for the calculation of additional periods of reckonable service under regulation E3(9).

Article 14 of the Superannuation (Northern Ireland) Order 1972 confers express power to make regulations retrospective in effect.These regulations are to a certain extent retrospective but, where rights in relation to ex-employees could be adversely affected, provision is made to opt out (regulation S2).