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Local Government Pension Scheme Regulations (Northern Ireland) 2000

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Uncompleted periodical payments

C19.—(1) This regulation applies where—

(a)a member has made an election under regulation C9(1), C13 or C14 to make additional periodical payments,

(b)he has commenced payment,

(c)before the presumed termination date a relevant event occurs, and

(d)in the case of payments under regulation C9(1), any payment made to him under regulation C21 does not include the amount already paid by him under regulation C9(2).

(2) In paragraph (1) “presumed termination date” means—

(a)in the case of an election under regulation C9(1), the member’s NRD, and

(b)in the case of an election under regulation C13 or C14, the birthday specified under regulation C16(1).

(3) For the purposes of this regulation the relevant events are—

(a)the discontinuance of payment under regulation C18, and

(b)where there has been no such discontinuance of payment—

(i)the member’s ceasing to hold his employment, and

(ii)the death of the member while in local government employment.

(4) Where the relevant event is—

(a)the death of the member, or

(b)his ceasing to hold his employment by reason of ill-health or infirmity of mind or body,

he is to be treated as having completed payment in accordance with regulation C9(2) or, as the case may be, C15 and C16.

(5) Where—

(a)the relevant event is the member’s ceasing to hold his employment,

(b)condition (a) or (b) in regulation D6(2) is satisfied,

(c)his employment ends not less than 12 months after the date of receipt of his notice of election, and

(d)he gives notice in writing for the purpose to the Committee not later than the expiry of the period of three months beginning on the day after the last day of his employment,

then, if he pays to the fund, within the period of one month beginning on the date on which he is notified by the Committee of the amount calculated by the fund’s actuary to represent the capital value of the additional periodical payments remaining to be paid, a sum equal to that amount, he shall be treated as having completed payment in accordance with regulation C9(2) or, as the case may be, C15 and C16.

(6) The Committee may accept a notice given under paragraph (5)(d) notwithstanding that paragraph (5)(c) is not satisfied.

(7) Subject to paragraph (9), where—

(a)the relevant event is discontinuance of payment under regulation C18, or

(b)the relevant event is the member’s ceasing to hold his employment and neither paragraph (4)(b) nor paragraph (5) applies,

the period of membership in respect of which the election was made is to be treated as having been the appropriate proportion of the period in respect of which it was originally made.

(8) In paragraph (7) “appropriate proportion” means the proportion which the length of the period during which additional payments have been paid bears to the length of the period during which they were to have been paid (each period being expressed in complete years and any fraction of a year).

(9) Where, apart from this paragraph, paragraph (7)(b) would apply and the member, having elected to make additional payments under regulation C9(1), C13 or C14—

(a)has within 12 months after ceasing to hold his employment again entered local government employment, without having—

(i)become entitled in relation to the first employment to the payment of any benefit,

(ii)received any payment under regulation C21 which includes the amount already paid by him under regulation C9, C13 or, as the case may be, C14 or

(iii)made a request for earlier payment under regulation C21(6),

(b)has not made an election for the purposes of regulation D12(1)(c) (retention of right to preserved benefits), and

(c)within three months after his again entering local government employment pays to his new employing authority an amount equal to any additional periodical payments that would have been payable if he had not ceased to hold the first employment,

then, the election under regulation C9(1), C13 or, as the case may be, C14 continues to have effect as if the relevant event had not occurred.

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