Local Government Pension Scheme Regulations (Northern Ireland) 2000

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

B2.—(1) A person is only eligible to be a member of the Scheme if he has attained the age of 16 years.

(2) Subject to paragraph (3), a person applying to his employer to join the Scheme who—

(a) has attained the age of 50 years (or would, on or by the date on which he would otherwise become a member of the Scheme have attained that age), and

(b) was first employed by the employer and eligible to be a member by virtue of that employment before he attained that age,

is not eligible to be a member of the Scheme if he is given notice in writing to that effect by his employer.

(3) Paragraph (2) shall not apply to a person to whom regulation K17 applies.

(4) Subject to paragraph (5), a person is not eligible to be a member of the Scheme after he has attained the age of 65 and in these regulations, in relation to any person, “latest retirement age” (“LRA”) means that age and “latest retirement date” (“LRD”) means the date by which he attains that age.

(5) A person is only eligible to be a member of the Scheme on and after his LRD if—

(a) his total period of membership does not exceed the maximum referred to in paragraph (7); and

(b) at least one of the conditions mentioned in paragraph (6) is satisfied in relation to him.

(6) The conditions mentioned in paragraph (5) are—

(a) at least one of the following has become payable to him—

(i) a pension which is liable to be reduced or suspended under Schedule D5 (re-employed pensioners),

(ii) an ill-health retirement grant under regulation D8, or under regulation E4 of the 1992 regulations, or under regulation 28A(1) of the 1981 regulations,

(b) he has received or is entitled to receive compensation under any enactment for loss of employment or loss or diminution of emoluments attributable to the provisions of an enactment, and the compensation is liable to be reduced or suspended, in consequence of his taking up employment with a LGPS employer, in the like manner and to the like extent as it would have been if he had remained eligible to belong to the occupational pension scheme to which he belonged or was eligible to belong immediately before suffering the loss.

(7) The maximum referred to in paragraph (5)(a) is—

(a) in the case of a Class A member (as defined in paragraph 1(1) of Schedule C4) 40 years, and

(b) in the case of a Class B member or a Class C member (as so defined), the aggregate of—

(i) his total period of membership before he attained the age of 60 years (disregarding any period in excess of 40 years), and

(ii) his total period of membership since he attained that age (but not exceeding 5 years plus any period by which the period mentioned in paragraph (i) fell short of 40 years);

and in paragraph (5) and this paragraph “total period of membership” has the meaning given in regulation B13, except that it also includes any additional period of membership which the member has been treated as being entitled to count for the purposes of regulation D7 (enhancement in cases of retirement on grounds of ill-health) or any corresponding earlier provision.

(1)

Regulation 28A was inserted by regulation 5 of S.R. 1982 No. 58