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Local Government (Superannuation) Regulations (Northern Ireland) 1992

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Regulation A2(1)

SCHEDULE 1Glossary of Expressions

ExpressionMeaning
“The Act of 1865The Union Officers' Superannuation (Ireland) Act, 1865(1).
“The Act of 1869The Local Officers' Superannuation Act (Ireland), 1869(2).
“The Act of 1875The County Surveyors' Superannuation Act (Ireland), 1875(3).
“The Act of 1919The Local Government (Ireland) Act, 1919(4).
“The Act of 1937The Local Government Superannuation Act 1937(5) or the Local Government Superannuation (Scotland) Act 1937(6).
“The Act of 1943The Belfast Corporation Act (Northern Ireland) 1943(7).
“The Act of 1950The Local Government (Superannuation) Act (Northern Ireland) 1950(8).
“The Act of 1953The Local Government Superannuation Act 1953(9).
“The Act of 1959The National Insurance Act (Northern Ireland) 1959(10).
“The Act of 1972The Superannuation Act 1972(11).
“The Act of 1975The Social Security (Northern Ireland) Act 1975(12).
“The Act of 1988The Income and Corporation Taxes Act 1988(13).
“Actuary”A Fellow of the Institute of Actuaries or of the Faculty of Actuaries.
“Added years”

An additional period which a person has become entitled to reckon as reckonable service by virtue of—

(a)

regulation 43 or 49 of the 1981 regulations and includes any additional years which, having been granted thereunder or under any similar provision contained in any other enactment or scheme, have subsequently become reckonable under or by virtue of any enactment by a pensionable employee in relation to any such non-local government employment as is mentioned in regulation 69 of those regulations; or

(b)

regulation D6(2).

“Additional contributory payment”A payment made under regulation 38 of the 1981 regulations or regulation C10(2).
“Admission agreement”An agreement made or continued in force as if made under regulation B5.
“Admitted body”

A body—

(a)

any of whose employees are admitted under regulation B5 to participate in the benefits of the fund;

(b)

designated under the Act of 1950;

(c)

in respect of any of whose employees an agreement was made under, or continued in force by, regulation 13 of the 1981 regulations.

“Admitted employee”The meaning given in regulation B5(2).
“Annual pension”An annual pension payable under the former regulations.
“Approved non-local government employment”Employment in which a person participates in an approved non-local government scheme.
“Approved non-local government scheme”

A non-local government scheme—

(a)

the fund of which is wholly approved under section 208 of the Income and Corporation Taxes Act 1970(14); or

(b)

which is approved under section 222 of that Act or under Chapter I of Part XIV of the Act of 1988; or

(c)

which is approved by the Commissioners of Inland Revenue for the purposes of these regulations.

“Belfast Corporation”The council of the former county borough of Belfast.
“The Belfast Corporation Superannuation Scheme”The superannuation scheme made by the Belfast Corporation under section 5A of the Act of 1950, on 4th August 1964 or 20th April 1951 (both as amended) as the circumstances require.
“Child”

A person who—

(a)

has not attained the age of 17 years; or

(b)

has attained the age of 17 years and has since been receiving full-time education or undergoing a full-time course of training, of not less than 2 years duration for a trade, profession or calling, either—

(i)

continuously; or

(ii)

except during a period which the Committee, being satisfied that his education or training ought not to be regarded as completed, have in their discretion decided to disregard; or

(c)

has attained the age of 17 years and is incapacitated by reason of ill-health or infirmity of mind or body which aroseeither—

(i)

before he attained that age; or

(ii)

while receiving such full-time education or training; or

(iii)

during a period which the Committee have under paragraph (b)(ii) decided to disregard.

“Children’s pension”Means a children’s pension payable under regulation E8.
“The Committee”The Northern Ireland Local Government Officers' Superannuation Committee established under section 1 of the Act of 1950.
“Contracted-out employment”Construe in accordance with Article 32 of the Pensions Order.
“The contractual hours”The number of hours the employing authority are entitled to require the employee to work in each of the contractual weeks, but where there is any cyclical variation in those hours the contractual hours are the average of those hours over the cycle.
“The contractual weeks”The number of weeks in every period of 12 months for which (assuming that there will be no unpaid leave of absence) wages or salary is payable to the employee.
“Contributing service”Service which was reckonable under the 1981 regulations as contributing service.
“Contributions equivalent premium”The meaning assigned to it by Article 44(1) of the Pensions Order.
“Contributory employee”The same meaning as in the Act of 1937.117
“Death grant”A death grant payable under regulation E11.
“The Department”The Department of the Environment.
“Earnings factors”The earnings factors referred to in Article 37 of the Pensions Order.
“Eligible child”

A child is an eligible child of a person who has died after becoming entitled to a retirement pension if he is—

(a)

a legitimate child of a marriage of that person which took place before the date on which he became entitled to the retirement pension, and was born within 12 months after that date; or

(b)

a child adopted by the person before he became entitled to the retirement pension; or

(c)

a child wholly or mainly dependent on the person both before he became entitled to the retirement pension and at the time of his death who is—

(i)

the person’s step-child or illegitimate child; or

(ii)

an adopted child of a woman who married the person before he became entitled to the retirement pension; or

(iii)

a child accepted by the person as a member of the family.

A child is an eligible child of a person who has died in an employment in which he was a pensionable employee if he is—

(a)

a legitimate or adopted child of that person; or

(b)

a child wholly or mainly dependent on the person at the time of his death who is—

(i)

the person’s step-child or illegitimate child; or

(ii)

an adopted child of a woman who has been married to the person; or

(iii)

a child accepted by the person as a member of the family.

“Employee”An employee whether permanent or temporary, other than a person appointed to a post in a temporary capacity for a period of not more than 3 months or whose employment is of a casual nature.
“Employer’s contribution”A sum payable under regulation P7(1).
“Employing authority”The body employing a pensionable employee.
“Employment”Construe as including office.
“Equivalent pension benefits”The meaning given by sections 55(1)(a) and 56(1) of the Insurance Act.
“Existing officer”

A person who was employed by a local authority immediately before 1st April 1950 in one or more than one office pensionable under—

(a)

any of the enactments set out in the first column of the second Schedule to the Act of 1950; or

(b)

any such enactment as extended or applied by any of the enactments set out in the second column of the said Schedule; or

(c)

any local Act which made provision for the superannuation of any officers of a local authority otherwise than by means of a scheme involving the payment of contributions by those officers,

and includes also any officer of the Northern Ireland Fire Authority constituted under the Fire Services (Amendment) Act (Northern Ireland) 1950(15), who before being appointed such an officer was an officer of a fire authority constituted under the Fire Services Act (Northern Ireland) 1947(16).

“The former Health Services Regulations”Any regulations for the time being in force under section 61 of the Health Services Act (Northern Ireland) 1948(17), section 67 of the Health Services Act (Northern Ireland) 1971(18), section 67 of the National Health Service Act 1946(19) or section 66 of the National Health Service (Scotland) Act 1947(20).
“The former regulations”The 1981 regulations or, as the circumstances require, the 1962 regulations or the 1950 regulations and shall be deemed also, in the case of a pensionable employee who immediately before 1st April 1973 was subject to the Belfast Corporation Superannuation Scheme, to include the provisions of that Scheme.
“The fund”The superannuation fund established under the 1950 regulations.
“The Great Britain ActsThe National Insurance Acts 1965 to 1974(21).
“Guaranteed minimum”A guaranteed minimum under Article 37 of the Pensions Order.
“Guaranteed minimum pension”The meaning assigned to that term by Article 28 of the Pensions Order.
“Health service employee”A person who has been duly admitted to participate in the benefits of the former Health Services regulations.
“The Insurance Act”The National Insurance Act (Northern Ireland) 1966(22).
“Investment manager”

Means a person—

(a)

who is authorised under the Financial Services Act 1986(23) and entitled by virtue of that authorisation to manage the assets of occupational pension schemes; or

(b)

who—

(i)

does not transact investment business (within the meaning of that Act) from a permanent place of business maintained by him in the United Kingdom and whose head office is situated in a member State other than the United Kingdom;

(ii)

is recognised by the law of that member State as a national of that or another member State; and

(iii)

is for the time being authorised under that law to engage in one or more of the activities falling within Part II of Schedule 1 to that Act, and is not precluded by that law from managing the assets of occupational pension schemes or assets belonging to another person,

and who is reasonably believed by the Committee to be suitably qualified by his ability in and practical experience of financial matters to make investment decisions on their behalf, but who is not an employee of that authority.

“The Isle of Man ActThe National Insurance (Isle of Man) Act 1961 (an Act of Tynwald).
“Judicially separated”Judicially separated in circumstances in which the husband is not required by the order of any competent court to contribute to the support of his wife, and any such reference and any similar reference to judicial separation includes a reference to separation by an order made under the Domestic Proceedings (Northern Ireland) Order 1980(24), having by virtue of that Order the effect of a decree of judicial separation.
“Local Act”Includes a provisional order confirmed by Parliament.
“Local Act Authority” and “Local Act Scheme”The same meanings as in the Act of 1937.
“Local Act contributor”The same meaning as in the Act of 1937 and includes a person who, although not in the employment of a Local Act authority, was entitled to participate in the benefits of a superannuation fund maintained under a Local Act Scheme.
“Local authority”The meaning assigned to it by Article 2 of the Order and shall include the Northern Ireland Housing Executive.
“Local government employment”In relation to any time before 1st March 1993, the expression means employment by virtue of which the person employed was, or is deemed to have been, a contributory employee or a local Act contributor.
In relation to any time after 28th February 1993, the expression means employment by virtue of which the person employed is or has been, or is or has been deemed to be, a pensionable employee or a local Act contributor.
“Manual worker”An employee who is not an officer.
“National service”In relation to any person, means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(25) and includes any period immediately following the termination thereof during which the person, with the consent of the authority or body by whom he was employed before undertaking such service, continues in similar service.
“The 1950 regulations”The Local Government (Superannuation) Regulations (Northern Ireland) 1950(26).
“The 1962 regulations”The Local Government (Superannuation) Regulations (Northern Ireland) 1962(27).
“The 1981 regulations”The Local Government (Superannuation) Regulations (Northern Ireland) 1981(28).
“Non-contributing service”Any service prior to 1st April 1972 which under the former regulations was not reckonable as contributing service and which was not reckonable solely for the purpose of determining whether any benefit was payable under those regulations.
“Non-local government scheme”

A superannuation scheme or other arrangements for superannuation, other than—

(a)

the superannuation scheme provided in regulations made under the Act of 1950; and

(b)

the superannuation scheme provided in regulations for the time being in force under Article 9 of the Order.

“Non-participating employment”The meaning assigned to it by section 55 of the Insurance Act or the corresponding provision of the Great Britain Acts or the Isle of Man Act.
“Officer”In relation to any time before 1st March 1993, the meaning given by regulation 2(1) of the 1981 regulations.
In relation to any time after 28th February 1993, the expression means an employee whose duties are wholly or mainly administrative, professional, technical or clerical.
The OrderThe Superannuation (Northern Ireland) Order 1972(29).
“Part-time employee”An employee who is neither a whole-time employee nor a variable-time employee.
“Payment in lieu of contributions”A payment in lieu of contributions under the Act of 1959, the Insurance Act, the Great Britain Acts or the Isle of Man Act.
“Pensionable age”A person’s pensionable age is the earliest age at which (assuming continuous local government employment) he could have become entitled by virtue of regulation E2(1)(a) or (b)(ii) to a retirement pension.
“Pensionable employee”Construe in accordance with regulations B1 to B4.
“Pensionable remuneration”Construe in accordance with regulation E19.
“The Pensions Order”The Social Security Pensions (Northern Ireland) Order 1975(30).
“Preserved benefits”

Benefits to which a person—

(a)

was entitled immediately before 1st March 1993, by virtue of regulation 19 of the 1981 regulations; or

(b)

has become entitled by virtue of regulation E2(1)(c),

and which have not become payable.

“Public body”The same meaning as in section 148 of the Local Government Act (Northern Ireland) 1972(31).
“Public service scheme”The meaning given by regulation F1.
“Qualifying service”Construe in accordance with Part D.
“Reckonable service”Construe in accordance with Part D.
“Relevant absence” and “relevant contribution period”The meanings given by regulation C3.
“Remuneration”

Except to the extent that any notional remuneration has been agreed under regulation G5, the expression means all the salary, wages, fees and other payments paid or made to a pensionable employee as such for his own use and includes the money value of any apartments, rations or other allowances in kind appertaining to his employment.

The expression does not include—

(a)

payments for work of a casual or non-recurring nature;

(b)

payments for non-contractual overtime;

(c)

any allowance paid to him to cover the cost of providing office or laboratory accommodation or clerical or other assistance;

(d)

any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred by him, for the purposes of his employment;

(e)

any payment made to him on his ceasing to hold his employment in consideration of loss of holidays; or

(f)

any payment accepted by him in lieu of notice to terminate his contract of employment.

“Retirement pension”A retirement pension payable under regulation E2.
“Retiring allowance”A retiring allowance payable under regulation E2.
“Scheduled body”A body described in Part I of Schedule 2.
“Scheme managers”In relation to a statutory scheme, the expression means the Department concerned or police or fire authority administering the scheme.
In any other case, the expression means the person responsible for the management of a non-local government scheme.
“Service”Except in Part J, where it has the meaning given by regulation J1, the expression means service rendered to a scheduled body.
Service rendered by an employee of a scheduled body whose services are placed at the disposal of a Minister of the Crown or a government department in pursuance of any enactment is to be treated as service rendered to the scheduled body.
“Standard rate”1% above the rate which is for the time being the base rate published by the Committee of London Clearing Bankers or, where there is for the time being more then one such base rate, the lowest of them.
“State pensionable age”In the case of a man, 65; in the case of a woman, 60.
“Statutory scheme”A scheme established under Article 3 of the Order or other arrangements for superannuation maintained in pursuance of regulations made, or having effect as if made, under Articles 11 and 12 of the Order or section 25 of the Police Act (Northern Ireland) 1970(32) or a Fireman’s Pension Scheme made under section 10 of the Fire Services (Northern Ireland) Order 1984(33).
“Tax year”The 12 months beginning with 6th April in any year.
“Teaching service”Reckonable service under regulations made under Article 11 of the Order.
“Trade dispute”The meaning given by regulation C3.
“The Transitional Provisions RegulationsThe National Insurance (Non-participation— Transitional Provisions) (Northern Ireland) Regulations 1975(34).
“Variable-time employee”An employee who has no contractual hours of employment.
“War service”Construe in accordance with regulation F2.
“War service provisions”The meaning given by regulation F1.
“Whole-time”A person is a “whole-time employee”, and as the case may be a “whole-time officer” or a “whole-time manual worker”, if his contractural minimum hours of employment regularly or usually amount to 30 hours or more in each week.
“Widow’s pension”Means a widow’s pension payable under regulation E5.

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