Local Government Pension Scheme Regulations (Northern Ireland) 2000

1. Introductory Text

2. Part A Preliminary

   1. A1. Citation, commencement and retrospection

   2. A2. Interpretation

3. Part B Membership

   1. Eligibility

      1. B1. General eligibility of employees of LGPS employers

      2. B2. Age restrictions: meaning of “latest retirement age” and “LRD”

      3. B3. Restrictions by reference to working hours: “part-time” and “variable-time” employees

      4. B4. Certain office-holders etc. to be treated as employees of LGPS employers

      5. B5. Separate employments etc.

      6. B6. Power to extend eligibility to employees of other bodies (“admission agreements”)

      7. B7. Ineligibility of employees eligible to join other statutory schemes

      8. B8. Other cases of ineligibility

   2. Joining and leaving the Scheme

      1. B9. Applications for membership

      2. B10. Admission to the Scheme

      3. B11. Leaving the Scheme

      4. B12. Rejoining the Scheme

   3. Membership periods

      1. B13. Periods of membership: “total period of membership”

      2. B14. Length of period of membership: calculation of benefit

      3. B15. Special power of employing authority to increase period of membership

4. Part C Members' Contributions

   1. Preliminary definitions

      1. C1. Meaning of “remuneration”

      2. C2. Meaning of “normal retirement age” and “NRD”

   2. Standard contributions

      1. C3. Members' standard contributions

      2. C4. Contributions payable for previous part-time employment

   3. Effect of absences on contributions

      1. C5. Leave of absence from duty

      2. C6. Maternity absence

      3. C7. Absence owing to trade dispute

      4. C8. Absence on reserve forces service

   4. Additional payments to improve benefits

      1. C9. Payments to increase membership: calculation of all benefits

      2. C10. Maximum length of additional periods to be purchased under regulation C9

      3. C11. Amounts of payments under regulation C9

      4. C12. Purchase by part-time employees of additional periods under regulation C9

      5. C13. Payments to avoid reduction of retirement grant and death grant

      6. C14. Payments to increase widower’s pension by counting membership before 1st April 1972

      7. C15. Amount of payments under regulation C13 and C14

      8. C16. Further provisions as to making of payments under regulation C13 and C14

      9. C17. No elections to make payments after 64

   5. Incomplete payments and return of contributions

      1. C18. Notice to discontinue payments

      2. C19. Uncompleted periodical payments

      3. C20. Effect of opting out of membership on certain additional payments

      4. C21. Return of member’s contributions in certain cases

      5. C22. Meaning of “aggregate amount of contributions” for purposes of regulation C21

      6. C23. Effect of return to local government on right to a return of contributions

   6. AVCs

      1. C24. Additional voluntary contributions

   7. Deduction and recovery of contributions

      1. C25. Deduction and recovery of member’s contributions

   8. Limitations on payments

      1. C26. Limitation of payments

   9. Provisions concerning continuing payments under old legislation

      1. C27. Provisions concerning outstanding payments due under previous regulations

5. Part D Retirement Benefits

   1. Preliminary definitions

      1. D1. “Pensionable remuneration”

      2. D2. “Standard retirement pension” and “standard retirement grant”

      3. D3. “Statutory pension entitlement”

      4. D4. References to members leaving employment to include optants-out

   2. Entitlement to immediate payment of benefits on retirement

      1. D5. Retirement on or after NRD

      2. D6. Early entitlement to retirement benefits: redundancy etc.

      3. D7. Early entitlement to retirement benefits: ill-health

      4. D8. Ill-health retirement grants

      5. D9. Retirement at or after 60 but before NRD

      6. D10. No double entitlement

   3. Entitlement to deferred retirement benefits (“preserved benefits”)

      1. D11. Entitlement to deferred retirement benefits (“preserved benefits”)

      2. D12. Further provisions about preserved benefits

   4. Adjustments to standard benefits

      1. D13. Reduction of pensions payable early by virtue of elections etc.

      2. D14. Surrender of part of retirement pension in favour of spouse or dependant

      3. D15. Adjustments to retirement pensions and grants for certain re-employed pensioners

   5. Overriding provisions (contracting-out and Finance Act requirements etc.)

      1. D16. Guaranteed minimum pensions for members in contracted-out employment etc.

      2. D17. Revaluation of guaranteed minimum in certain cases

      3. D18. Equivalent pension benefits

      4. D19. National insurance

      5. D20. Limitations on benefits etc.

6. Part E Death Grants

   1. Death of a member

      1. E1. Death grant: members in service

   2. Death of a deferred pensioner

      1. E2. Death grant: deferred pensioners

   3. Death of a pensioner

      1. E3. Death grant: pensioners with 10 years' or more membership

      2. E4. Death grant: pensioners with less than 10 years' membership

   4. General provisions relating to death benefits

      1. E5. Surviving spouse deductions from certain death grants

      2. E6. Adjustments to death grants for certain re-employed pensioners

      3. E7. Part-timers' pensionable remuneration for certain purposes of this Part

      4. E8. Nomination of beneficiary of death grant

7. Part F Surviving Spouses' Pensions

   1. Death of a member

      1. F1. Member’s spouse’s short-term pension

      2. F2. Member’s spouse’s long-term pension

   2. Death of a deferred pensioner

      1. F3. Deferred pensioner’s spouse’s long-term pension

   3. Death of a pensioner

      1. F4. Pensioner’s spouse’s short-term pension

      2. F5. Pensioner’s spouse’s long-term pension

   4. General provisions relating to surviving spouses' pensions

      1. F6. Post retirement marriages

      2. F7. Widowers: requirement for post 31st March 1972 membership and consequent adjustments to “retirement pension”

      3. F8. Widowers: elections in respect of pre 1st April 1972 membership etc.

      4. F9. Adjustments to pensions of surviving spouses of certain re-employed pensioners

   5. Contracting-out requirements: GMP rule

      1. F10. Surviving spouse’s guaranteed minimum pension

   6. Cessation of membership before the commencement date

      1. F11. Cessation of membership before the commencement date

8. Part G Children’s Pensions

   1. Preliminary

      1. G1. Meaning of “child”

      2. G2. Meaning of “eligible child”

   2. Death of a member

      1. G3. Member’s children’s long-term pension

      2. G4. Member’s children’s short-term pension

   3. Death of a deferred pensioner

      1. G5. Deferred pensioner’s children’s long-term pension

   4. Death of a pensioner

      1. G6. Pensioner’s children’s long-term pension

      2. G7. Pensioner’s children’s short-term pension

   5. General provisions relating to children’s pensions

      1. G8. Limitations on entitlement to children’s short-term pensions

      2. G9. Long-term pensions: increase of period of membership in certain cases

      3. G10. Children over 17 in paid training

      4. G11. Discretions as to payment of children’s pensions

      5. G12. Adjustments to children’s pensions for certain re-employed pensioners etc.

9. Part H General Provisions Concerning Benefits

   1. H1. Interest on late payment of certain benefits

   2. H2. National Insurance

   3. H3. Benefits not assignable

   4. H4. Forfeiture of pension rights after conviction of employment-related offences

   5. H5. Commutation: small pensions

   6. H6. Commutation: exceptional circumstances of ill-health

   7. H7. Payments due in respect of deceased persons

10. Part J Decisions and Appeals

    1. J1. Initial decisions

    2. J2. Decisions as to status of employees

    3. J3. Decisions as to benefits

    4. J4. Notification of decisions

    5. J5. Appointment of persons to resolve disputes

    6. J6. Application for a decision

    7. J7. Notice of a decision

    8. J8. Referral of disagreement to the Committee

    9. J9. Notice of decision from the Committee

    10. J10. Referrals of decisions under regulation J2(1) to the county court

    11. J11. Definitions

11. Part K Interchange Etc.

    1. Preliminary

       1. K1. Interpretation

    2. Transfers out

       1. K2. Outwards transfers

       2. K3. Time for payment of transfer value under regulation K2

       3. K4. Cases where right to transfer value excluded

       4. K5. Amount of transfer under regulation K2

       5. K6. Special provision as respects pre-6th April 1988 service

       6. K7. Reductions of the transfer value: unsecured GMPs, pre-1988 service and forfeiture

       7. K8. Minimum transfer values

       8. K9. Modifications where transfer is to club scheme

       9. K10. Modification in connection with persons to whom regulation K17 applies

       10. K11. General provisions about payment of transfer values

       11. K12. Termination of right to payment out of the fund

       12. K13. Revival of rights for certain Community scheme transferees

    3. Transfers in

       1. K14. Inward transfers

       2. K15. Right to count service

       3. K16. Calculation of period of membership allowed under regulation K15(1)(a): non club schemes

       4. K17. Mis-sold pensions

       5. K18. Special provision where transfer is from a club scheme

       6. K19. Increase in return of contributions

       7. K20. Provision of information, charging and prescribed persons

    4. Transfers of certain members who are eligible to join approved non-local government schemes

       1. K21. Certain members who become subject to other pension schemes in the same employment

       2. K22. Requests for transfer payments: regulation K21 employees and employees of ineligible employers

12. Part L Pension Fund and Payments by Employers

    1. The pension fund

       1. L1. Continuation of existing superannuation fund

    2. Accounts audit and annual report

       1. L2. Accounts audit and annual report

    3. Valuations and rates of contributions and adjustments

       1. L3. Valuations of fund

       2. L4. Actuary’s certificates

    4. Employer’s liability to make payments

       1. L5. Employer’s contributions

       2. L6. Employer’s further payments

       3. L7. Payments by employing authorities to the Committee

    5. Transfers, recovery and retention from the fund in misconduct cases

       1. L8. Transfer of sums from the fund to compensate for former member’s misconduct

       2. L9. Recovery or retention where former member has misconduct obligation

    6. Certain statutory payments to be met out of the fund

       1. L10. Pension increases and cash equivalents under the Pension Schemes (Northern Ireland) Act 1993

       2. L11. Pension increases under the Pensions (Increase) Act (Northern Ireland) 1971 and the Pensions Increase (Northern Ireland) Order 1974

       3. L12. Contributions equivalent premium

    7. Constitution and powers of the Committee

       1. L13. Administration and Management

13. Part M Miscellaneous and General Provisions

    1. Modification in special cases

       1. M1. Modifications of regulations in special cases

    2. Information and records

       1. M2. Information to be supplied by certain employees

       2. M3. Records to be kept by employing authorities and the Committee

       3. M4. Transmission of documents and information

    3. Supplementary provisions

       1. M5. Right to opt out

       2. M6. Transitional and transitory provisions

       3. M7. Revocations

       4. M8. Consequential amendments

14. Signature

15. SCHEDULES

    1. Schedule A1

       General definitions

    2. Schedule B1

       Relevance of membership for purposes of scheme

    3. Schedule C1

       Further provisions concerning meaning of “remuneration”

    4. Schedule C2

       Appropriate percentages: calculation of additional payments

    5. Schedule C3

       Additional voluntary contributions

    6. Schedule C4

       Limitations on contributions and benefits

    7. Schedule C5

       Provisions concerning outstanding payments due under previous regulations

    8. Schedule D1

       Further provisions about pensionable remuneration

    9. Schedule D2

       Retirement grants

    10. Schedule D3

        Additional membership in cases of ill-health

    11. Schedule D4

        Procedure for surrender of part of retirement pension

    12. Schedule D5

        Re-employed pensioners

    13. Schedule F1

        Elections as respects widower’s pensions etc.

    14. Schedule K1

        Revival of rights for certain Community scheme transferees

    15. Schedule K2

        Mis-sold pensions

    16. Schedule L1

        The Committee

    17. Schedule M1

        Certain female nurses, physiotherapists, midwives and health visitors.

    18. Schedule M2

        Transitional and transitory provisions

    19. Schedule M3

        Subordinate legislation revoked

    20. Schedule M4

        Consequential amendments

16. Explanatory Note