Local Government (Superannuation) Regulations (Northern Ireland) 1992

PART N DECISIONS AND APPEALS

Initial decisions

N1.—(1) Any question arising under these regulations concerning the rights or liabilities of any person other than a scheduled body shall be decided in the first instance by the body concerned.

(2) Where the body by whom any such question falls to be decided is ascertainable by reference to regulations N2 to N6, that body is for the purposes of this regulation and of regulation N8 the body concerned.

(3) A decision by an employing authority does not bind any other employing authority.

Decisions by employing authorities as to status of employees

N2.—(1) In relation to every employment under them of each of their employees a scheduled body are to decide—

(a) whether the employee is an officer or a manual worker;

(b) whether he is a whole-time, a variable-time or a part-time employee;

(c) whether he has undergone to their satisfaction any medical examination required under regulation B1(6); and

(d) whether he is a pensionable employee.

(2) If the body decide that a person is a pensionable employee in any employment they shall also decide—

(a) which of his emoluments are remuneration on which contributions are payable; and

(b) if he is a part-time employee, the proportion which his contractual minimum hours of employment in each week bear to those of a comparable whole-time employment.

(3) The questions specified in paragraph (1) and, where applicable, paragraph (2) are to be decided—

(a) within 3 months after the person enters the employment; and

(b) as soon as is reasonably practicable after—

(i) any change occurs in the number of his regular or usual hours of employment; or

(ii) any other change occurs in, or in relation to, the employment

which is material for the purposes of these regulations.

Decisions by the Committee as to status of employees

N3.—(1) In relation to any employment in which a person is a pensionable employee the Committee are to decide—

(a) what previous service or employment (if any) he is entitled to reckon—

(i) as reckonable service; and

(ii) as qualifying service;

(b) whether it includes any, and if so what, periods of service as a part-time employee;

(c) what proportion of whole-time service his service during any such period represents;

(d) whether a payment in lieu of contributions has been made or equivalent pension benefits have been assured under Part III of the Insurance Act in respect of any period of non-participating employment;

(e) the amount of any payment in lieu of contributions;

(f) what rate of contribution the employee is liable to pay to the fund; and

(g) whether he is entitled to reckon as reckonable service—

(i) any, and if so how many, added years; or

(ii) any, and if so what, additional period.

(2) The questions specified in paragraph (1) are to be decided as soon as is reasonably practicable after the person becomes a pensionable employee in the relevant employment.

Decisions by the Committee as to war service

N4.—(1) Within 6 months after receiving notice of an election under regulation F3 and the information mentioned in regulation F5(2)(a), the Committee are to decide whether the conditions specified in regulation F3(2) to (9) are satisfied in relation to the person in respect of whom the notice was given.

(2) If they decide that those conditions are satisfied in relation to the person, the Committee are, within 12 months after the date of notification of that decision—

(a) in the case of a person who is a pensionable employee or entitled to a retirement pension under regulation E2, to decide what period if any he is entitled, or is to be deemed to have been entitled, to reckon as reckonable service by virtue of regulation F6(1)(a); or

(b) in any other case, to decide to which, if any, of the additional benefits specified in regulation F6(11) and (14) he or any other person is entitled.

(3) If the Committee decide that a period is reckonable as mentioned in paragraph (2)(a), the Committee are, within 3 months after the date of notification of that decision, to decide whether regulation D8 applies.

Decisions by the Committee as to entitlement to benefits

N5.—(1) Any question whether a person is entitled to a benefit under these regulations is to be decided by the Committee.

(2) For the purposes of paragraph (1), “benefit” includes a return of contributions but does not include a benefit specified in Part L or regulation F6(11) or (14).

(3) Any such question as is mentioned in paragraph (1) is to be decided as soon as is reasonably practicable after the cessation of the employment or, as the case may be, the death of the employee.

Decisions by the Committee as to amount of benefits

N6.—(1) Where a person is entitled to a benefit which is or may become payable out of the fund, the Committee are to decide the amount of the benefit.

(2) The amount of a benefit is to be decided as soon as is reasonably practicable after the person becomes entitled to it.

(3) For the purposes of this regulation “benefit” includes a return of contributions and a benefit specified in regulation F6(11) or (14).

Notification of decisions

N7.—(1) As soon as is reasonably practicable after deciding any question, the body concerned shall send a written notification of their decision to every person whose rights or liabilities the question concerns.

(2) The written notification shall include—

(a) in the case of a decision that the person is not entitled to a benefit, the grounds for the decision; and

(b) in the case of a decision as to the amount of benefit, a statement showing how the amount is calculated; and

(c) in any case, a conspicuous statement directing the person’s attention—

(i) to the address from which he may obtain further information about the decision, including details of any calculation of service or benefits; and

(ii) to his right of appeal to the county court under regulation N8.

Appeals

N8.  Where the body concerned have either decided or failed to decide any such question as is mentioned in regulation N1, that question shall be determined by the county court having jurisdiction in the county in which such pensionable employee or person as is mentioned in regulation N1(1) is employed or was last employed or, where that employee or person is employed or was last employed in 2 or more counties, in one of those counties.