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Local Government (Superannuation) Regulations (Northern Ireland) 1992

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Regulation G1

SCHEDULE 15Modifications to the Regulations in their Application to Special Cases

PART IEXISTING OFFICERS

1.  In the case of an existing officer who elected under regulation 23 of the 1950 regulations or the corresponding provision of the Belfast Corporation Superannuation Scheme to avail himself of the benefits of those regulations or that Scheme and who has remained since 1st April 1950 a pensionable employee without a break in employment of 12 months or more, regulation C1(2) shall have effect as if for the amounts equal to 5% and 6% mentioned therein there shall be substituted an amount equal to 3%.

2.  In determining whether any person to whom paragraph 1 applies has had such a break in employment as is mentioned therein no account shall be taken of any period during which he was in temporary employment undertaken by him with the consent of the employing authority obtained in writing before the date on which he ceased to be a pensionable employee in their employment, if after ceasing to hold the temporary employment and without in the meantime having entered any other employment, the person again became a pensionable employee in the employment of that employing authority.

3.  Regulation C1(4) shall not apply.

4.—(1) Subject to sub-paragraphs (2) and (3), in the case of an existing officer who elected under regulation 23 of the 1950 regulations or the corresponding provision of the Belfast Corporation Superannuation Scheme to avail himself of the benefits of those regulations or that Scheme, the amount of any retiring allowance payable to him under regulation E3 shall be increased by ½% in respect of each year of reckonable service and ¼% in respect of each year of non-contributing service reckonable in respect of any period prior to 1st April 1950.

(2) Where the whole of the retiring allowance payable to the existing officer in respect of any such period as is mentioned in sub-paragraph (1) falls to be reduced in accordance with regulation E3(4) or (5), 1½% shall be substituted for ½% in respect of each year of reckonable service and shall be substituted for ¼% in respect of each year of non-contributing service.

(3) Where only part of the retiring allowance falls to be reduced in accordance with regulation E3(4) or (5), the amount of the retiring allowance shall be increased by a sum equal to the sum by which the retiring allowance would have been increased if the whole of that allowance had been reduced in the manner aforesaid.

5.  For the purposes of paragraph 4, any period reckonable as service by virtue of regulation F6(1) shall be deemed to be reckonable service prior to 1st April 1950.

6.  Regulation E26(1)(a) shall not apply to any person to whom paragraph 1 applies.

7.  Regulation E19(2)(a) shall have effect as if after the words “40 years” there were inserted the words ‘or, in the case of an existing officer who is not a pensionable employee to whom regulation 50 of the 1981 regulations applied, and who, before attaining the age of 65 years, has become entitled to reckon 45 years as reckonable service in relation to the employment, the day preceding the date on which he attained that age’.

8.  In this Part, non-contributing service shall be calculated by deducting from an existing officer’s service all completed years of his reckonable service and if his non-contributing service as so calculated includes a fraction of a year, that fraction shall, if it amounts to or exceeds 6 months, be treated as a year and in any other case shall be disregarded.

9.  Regulation F3(8) shall have effect as if after the word “disregarding” there were inserted the words “, except in the case of existing officers to whom paragraph 1 of Schedule 15 applies,”.

10.  Regulation F6(15)(b)(i) shall not apply.

11.  In the case of an existing officer who under regulation 23 of the 1950 regulations or the corresponding provision of the Belfast Corporation Superannuation Scheme availed himself of the benefits of those regulations or that Scheme and who has remained since 1st July 1950 a pensionable employee without a break in employment of 12 months or more, regulations F5(2)(c) and F6(1)(a), (12), (14) and (15)(a) shall have effect as if for the words “47%” mentioned therein there were substituted the words “50%”.

Regulation G4

PART IICERTAIN FEMALE NURSES, PHYSIOTHERAPISTS, MIDWIVES AND HEALTH VISITORS

1.  Regulation B1(8) shall have effect as if—

(a)in sub-paragraph (e) after the words “65 years” there were inserted the words “or, in the case of a pensionable employee to whom regulation 50 of the 1981 regulations applied, the age of 60 years,”;

(b)in sub-paragraph (f) after the words “65 years” there were inserted the words “or, in the case of a pensionable employee to whom regulation 50 of the 1981 regulations applied, the age of 60 years”;

(c)in sub-paragraph (g) after the words “70 years” there were inserted the words “or, in the case of a pensionable employee to whom regulation 50 of the 1981 regulations applied, the age of 65 years”.

2.  Regulation E2(1)(a) and (d) shall have effect as if for the age of “60 years” there were inserted the age of “55 years”.

3.  Regulation E26(1) shall have effect as if after the words “60 years” there were inserted the words “or, in the case of a pensionable employee to whom regulation 50 of the 1981 regulations applied, the age of 55 years,”.

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