Search Legislation

Local Government Pension Scheme Regulations (Northern Ireland) 2000

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation A2

SCHEDULE A1General Definitions

“The Act of 1865” means the Union Officers' Superannuation (Ireland) Act 1865(1);

“The Act of 1869” means the Local Officers' Superannuation Act (Ireland) 1869(2);

“The Act of 1875” means the County Surveyors' Superannuation Act (Ireland) 1875(3);

“The Act of 1919” means the Local Government (Ireland) Act 1919(4);

“The Act of 1937” means the Local Government Superannuation Act 1937(5) or the Local Government Superannuation (Scotland) Act 1937(6);

“The Act of 1943” means the Belfast Corporation Act (Northern Ireland) 1943(7);

“The Act of 1950” means the Local Government (Superannuation) Act (Northern Ireland) 1950(8);

“The Act of 1953” means the Local Government Superannuation Act 1953(9);

“The Acts of 1937 to 1953” means the Act of 1937 and the Act of 1953;

“The Act of 1959” means the National Insurance Act (Northern Ireland) 1959(10);

“The Act of 1972” means the Superannuation Act 1972(11);

“The Act of 1975” means the Social Security (Northern Ireland) Act 1975(12);

“The 1950 regulations” means the Local Government (Superannuation) Regulations (Northern Ireland) 1950(13);

“The 1962 regulations” means the Local Government (Superannuation) Regulations (Northern Ireland) 1962(14);

“The 1981 regulations” means the Local Government (Superannuation) Regulations (Northern Ireland) 1981(15);

“The 1992 regulations” means the Local Government (Superannuation) Regulations (Northern Ireland) 1992(16);

Actuary” means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries;

“Added period payment” means a payment made for the purposes of regulation C9, regulation C4 or C5 of the 1992 regulations, 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 or any similar provision in a local Act scheme;

“Added years” means an additional period which a person has become entitled to count as membership by virtue of—

(a)

paragraph 2(b) of Schedule C5 so far as it applies to the payments mentioned in paragraph 1(4) of that Schedule;

(b)

regulation D6(2) of the 1992 regulations;

(c)

regulation 43 or 49 of the 1981 regulations;

(d)

any other period allowed under any similar provision contained in any other enactment or scheme, which a member has become entitled to count as membership under or by virtue of any enactment by a member in relation to any such non-local government employment such as is mentioned in regulation 69 of the 1981 regulations;

“Additional contributory payment” means a payment made under—

(a)

paragraph 1(3) of Schedule C5 as it applies in relation to the payments mentioned in paragraph 1(4) of that Schedule; or

(b)

regulation 38 of the 1981 regulations or regulation C10(2) of the 1992 regulations.

“Additional voluntary contributions provision” and “Additional voluntary contributions scheme” have the meanings given in regulation C24;

“Admission agreement” has the meaning given in regulation B6;

“Admission agreement employee” has the meaning given in regulation B6(3);

“Appropriate personal pension scheme” means a personal pension scheme for which there is in force a certificate issued in accordance with regulations made under section 3 of the Pension Schemes (Northern Ireland) Act 1993(17);

“Appropriate policy” means a policy of insurance or annuity contract which provides an annuity which satisfies requirements prescribed under section 91(2)(c) of the Pension Schemes (Northern Ireland) Act 1993;

“Approved non-local government employment” means employment in which a person participates in an approved non-local government scheme;

“Approved non-local government scheme” means a non-local government scheme—

(a)

which is approved under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988(18), or

(b)

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

Assembly” means the Northern Ireland Assembly;

“Base rate” means the base rate for the time being quoted by the reference banks or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence;

“Belfast Corporation” means the council of the former county borough of Belfast;

“The Belfast Corporation Superannuation Scheme” means 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” has the meaning given in regulation G1;

“The commencement date” has the meaning given in regulation A1;

The Committee” means the Northern Ireland Local Government Officers' Superannuation Committee established under section 1 of the Act of 1950;

“Contracted-out employment” shall be construed in accordance with section 4 of the Pension Schemes (Northern Ireland) Act 1993 and “contracted-out”, in relation to a scheme, shall be construed in accordance with that section;

“The contractual hours” has the meaning given in regulation B3(4);

“The contractual weeks” has the meaning given in regulation B3(4);

“Contributory employee” means a person who was entitled to participate in the benefits of a superannuation fund maintained under Part I of the Act of 1937;

“Death grant” means a death grant payable under Part E;

The Department” means the Department of the Environment;

“Disqualifying break of service” means a continuous period of 12 months or longer during no part of which was the person concerned a member, a pensionable employee, or a contributory employee;

“Earnings factors” means the earnings factors referred to in section 12 of the Pension Schemes (Northern Ireland) Act 1993;

“Eligible child” has the meaning given in regulation G2;

“Employee” has the meaning given in regulation B1(2);

“Employer’s contribution” means a sum payable under regulation L9(1);

“Employing authority” has the meaning given in regulation B15;

“Employment” shall be construed as including office;

“Enactment” shall be construed as including any instrument made under an Act;

“Equivalent pension benefits” has the meaning given by sections 55(1)(a) and 56(1) of the Insurance Act;

“Existing officer” means 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(19), who before being appointed such an officer was an officer of a fire authority constituted under the Fire Services Act (Northern Ireland) 1947(20);

“Fees” includes other payments in the nature of fees;

“The former regulations” means the 1992 regulations, or as the circumstances require, the 1981 regulations, the 1962 regulations or the 1950 regulations and shall be deemed also, in the case of a member who immediately before 1st April 1973 was subject to the Belfast Corporation Superannuation Scheme to include the provisions of that Scheme;

“The fund” means the superannuation fund established under the 1950 regulations;

“Government department” has the meaning given in section 176 of the Pension Schemes (Northern Ireland) Act 1993;

“Guaranteed minimum pension” means a guaranteed minimum pension under sections 10 and 13 of the Pension Schemes(Northern Ireland) Act 1993 (minimum pensions for earners, widows and widowers), so far as it is attributable to earnings factors for the tax year 1988-89 or for subsequent tax years, increased in accordance with the requirements of section 105 of that Act (annual increase of guaranteed minimum pension);

“Ill-health retirement grant” has the meaning given in regulation D8;

“The Great Britain Acts” means the National Insurance Acts 1965 to 1974(21);

“The Insurance Act” means the National Insurance Act (Northern Ireland) 1966(22);

“Insurance code” means the Insurance Act, the Great Britain Acts or the Isle of Man Act;

“Interchange rules” means rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948(23) (pensions of persons transferring to different employment) and any similar instrument made, or having effect as if made, under any other Act which makes similar provision;

“The Isle of Man Act” means the National Insurance (Isle of Man) Act 1961 (an Act of Tynwald);

“Judicially separated” means 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;

“Latest retirement age” and “LRD” have the meanings given in regulation B2;

LGPS employer” has the meaning given in regulation B1 (and must be construed in accordance with regulation B6(3));

Local Act” includes a provisional order confirmed by Parliament;

“local Act scheme” has—

(a)

in relation to any time before 25th March 1972, the same meaning as in the Act of 1937, and

(b)

in relation to any time on or after that date, the same meaning as in section 8 of the Act of 1972;

“Local Authority” has the meaning assigned to it by Article 2 of the Order of 1972 and shall include the Northern Ireland Housing Executive;

“Local Act contributor” has 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 government employment” means—

(a)

in relation to any time before 1st March 1993, employment by virtue of which the person employed was, or is deemed to have been, a contributory employee or a local Act contributor; and

(b)

in relation to any time after 28th February 1993, employment by virtue of which the person employed is or has been, or is or has been deemed to be, a pensionable employee (within the meaning of the 1992 regulations) or a local Act contributor.

“Manual worker” is an employee who is not an officer;

“Member” shall be construed in accordance with Part B;

“Non-local government scheme” means an occupational pension scheme or other arrangements for superannuation, not being—

(a)

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

(b)

the superannuation scheme provided in regulations for the time being in force under Article 9 of the Order of 1972.

“Non-participating employment” has the same meaning as in section 55 of the Insurance Act or the corresponding provision of the Great Britain Acts or the Isle of Man Act;

“Normal retirement age” and “NRD” have the meanings given in regulation C2(1);

“Occupational pension scheme” means an occupational pension scheme within the meaning of section 1 of the Pension Schemes (Northern Ireland) Act 1993 other than—

(a)

a retirement benefits scheme (as defined in section 611 of the Income and Corporation Taxes Act 1988) which is not of a description mentioned in section 596(1)(a), (b) or (c) of that Act,

(b)

an additional voluntary contributions scheme,

(c)

an appropriate policy,

(d)

a personal pension scheme, or

(e)

a self-employed pension arrangement;

“Officer” means an employee whose duties are wholly or mainly administrative, professional, technical or clerical;

“The Order of 1972” means the Superannuation (Northern Ireland) Order 1972(25);

“Part-time employee” has the meaning given in regulation B3(3) and “part-time” shall be construed accordingly;

“Payment in lieu of contributions” means a payment made in lieu of contributions under the Act of 1959, the Insurance Act, the Great Britain Acts or the Isle of Man Act;

“Pensionable employee” has the same meaning as in the 1992 regulations;

“Pensionable remuneration” shall be construed in accordance with regulation D1;

“The Pensions Order” means the Pensions (Northern Ireland) Order 1995(26);

“Personal pension scheme” means a personal pension scheme (within the meaning of section 1 of the Pension Schemes (Northern Ireland) Act 1993 which has been approved by the Commissioners of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 or provisionally approved under section 655(5) of that Act;

“Preserved benefits” has the meaning given in regulation D11, but also includes benefits to which a person—

(a)

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

(b)

was entitled immediately before the commencement date by virtue of regulation E2(1)(c) of the 1992 regulations,

and which have not yet become payable;

“Reckonable service” has the same meaning as in Part D of the 1992 regulations;

“The reference banks” means the seven largest institutions for the time being which—

(a)

are authorised by the Bank of England under the Banking Act 1987(27);

(b)

are incorporated in and carrying on within the United Kingdom a deposit-taking business (as defined in section 6, but subject to any order under section 7 of that Act); and

(c)

quote a base rate in sterling;

and for the purpose of this definition the size of an institution at any time is to be determined by reference to the gross assets denominated in sterling of that institution, together with any subsidiary (as defined in Article 4 of the Companies (Northern Ireland) Order 1986(28)), as shown in the audited end-of-year accounts last published before that time;

“Relevant absence” and “relevant contribution period” have the meanings given by regulation C7;

“Remuneration” has the meaning given in regulation C1;

“Retirement annuity contract” has the meaning given in regulation K1;

“Retirement grant” means a retirement grant payable under Part D;

“Retirement pension” means a retirement pension payable under Part D;

“The Scheme” has the meaning given in regulation B1;

“Scheme managers” means—

(a)

in relation to a statutory scheme, the Government department concerned or police or fire authority administering the scheme; and

(b)

in any other case, the expression means the person responsible for the management of a non-local government scheme;

“Self-employed pension arrangement” has the same meaning as in section 176 of the Pension Schemes (Northern Ireland) Act 1993;

“Service”—

(a)

in Part K has the meaning given by regulation K1, and

(b)

elsewhere, means service rendered to a LGPS employer,

and service rendered by an employee of a LGPS employer 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 LGPS employer;

“Spouse’s pension” means a spouse’s pension payable under Part F and “widow’s pension” and “widower’s pension” shall be construed accordingly;

“Standard retirement pension” and “standard retirement grant” have the meanings given in regulation D2;

“State pensionable age” means—

(a)

in the case of a man, 65, and

(b)

in the case of a woman, 60;

“Statutory pension entitlement” has the meaning given in regulation D3;

“Statutory scheme” means a scheme established under Article 3 of the Order of 1972 or other arrangements for superannuation maintained in pursuance of regulations made, or having effect as if made, under Articles 11 and 12 of that Order or section 25 of the Police Act (Northern Ireland) 1970(29) or a Fireman’s Pension Scheme made under Article 10 of the Fire Services (Northern Ireland) Order 1984(30);

“Superannuable membership” has the meaning given in paragraph 1 of Schedule B1;

“Tax year” means the 12 months beginning with 6th April in any year;

“Total period of membership” has the meaning given in regulation B13;

“Trade dispute” has the meaning given in regulation C7(9);

“The Transitional Provisions Regulations” means The National Insurance (Non-Participation — Transitional Provisions) (Northern Ireland) Regulations 1975(31);

“Variable-time employee” has the meaning given in regulation B3(3) and “variable-time” shall be construed accordingly;

“War service” shall be construed in accordance with regulation F2 of the 1992 regulations;

“Whole-time employee” has the meaning given in regulation B3(3) and “whole-time” shall be construed accordingly.

(15)

S.R. 1981 No. 96; amended by other instruments listed in Schedule 21 to the Local Government (Superannuation) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 547)

(16)

S.R.1992 No. 547; amended by other instruments listed in Schedule M3 to these Regulations.

(28)

S.I. 1986/1032 (N.I. 6); Articles 4 and 4A were substituted for Article 4 by Article 62(1) of S.I. 1990/1504 (N.I. 10)

(31)

S.R.1975 No. 48 as amended by the National Insurance(Non-participation — Transfer of Functions) (Transitional) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 16)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Rule as a PDF

The Whole Rule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Rule

The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources