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Local Government Pension Scheme Regulations (Northern Ireland) 2000

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Re-employed pensioners: disregard of certain former membership

4.—(1) Subject to Part II of Schedule D5 (combined benefits), a member who—

(a)has entered the employment of a LGPS employer after becoming entitled to receive payment in respect of any superannuation benefit (other than a superannuation benefit under the Insurance Act), or

(b)has entered such employment after becoming entitled to a benefit under regulation D11 and has given notice under regulation D12(1)(c) (retention of entitlement to preserved benefits),

is not entitled to count as a period of membership any period—

(a)of which account has been taken for the purpose of determining whether he was entitled to that benefit, or

(b)of which account has been or is to be taken for the purpose of calculating its amount.

(2) Subject to Part II of Schedule D5, a member who—

(a)ceased after 5th April 1975 and before 9th February 1979 to hold a local government employment (“the first employment”),

(b)within one month and one day after ceasing to hold the first employment—

(i)entered the employment in which he is a member, and

(ii)became a member in relation to that employment, and

(c)in respect of his ceasing to hold the first employment received a return of contributions under the 1981 regulations,

is not entitled to count as a period of membership any period in respect of which the return of contributions was made.

(3) Subject to Part II of Schedule D5, a member who—

(a)on ceasing to hold a local government employment became entitled to a benefit under regulation D9 or D11, and

(b)in respect of his ceasing to hold that employment received a return of the whole of the aggregate amount of his contributions to the fund (within the meaning of regulation C22),

is not entitled to count as a period of membership any period in respect of which the return of contributions was made.

(4) Subject to Part II of Schedule D5, a member who—

(a)on ceasing to hold a local government employment became entitled to a benefit under regulation D9 or D11,

(b)in respect of his ceasing to hold that employment received a return of part of the aggregate amount mentioned in paragraph (3)(b),

(c)did not enter the employment in which he is a member after becoming entitled to receive payment in respect of any superannuation benefit (other than a superannuation benefit under the Insurance Act), and

(d)has not given notice under regulation D12(1)(c) (retention of entitlement to preserved benefits),

is not entitled to count as a period of membership any period in respect of which the return of contributions was made.

(5) Subject to paragraph (6), a member who—

(a)before entering the employment in which he is a member was in another local government employment (“the first employment”), and

(b)in respect of his ceasing to hold the first employment received a return of contributions under the 1981 regulations, the 1992 regulations or these regulations,

is not entitled to count as a period of membership any period in respect of which the return of contributions was made.

(6) Paragraph (5) does not apply where paragraph (2), (3)(a) or (4)(a), (c) and (d) applies.

(7) Where—

(a)before entering the employment in which he is a member, a member was in another local government employment (“the first employment”), and

(b)on his ceasing to hold the first employment a transfer value was paid by the Committee,

the member is not entitled to count as a period of membership any period in respect of which the transfer value was paid.

(8) A woman who exercises, in accordance with Article 111 of the Employment Rights (Northern Ireland) Order 1996(1) a right to return to work after being absent from work wholly or partly because of pregnancy or confinement is, unless she has given notice under regulation D12(1)(c) (retention of entitlement to preserved benefits), to be treated as not having entered a local government employment in any of the circumstances mentioned in this paragraph.

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