Search Legislation

The Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001

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This is the original version (as it was originally made).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.

Compensation for redundancy where Part III does not apply

31.—(1) This Part applies where any person who is or is eligible to be a LGPS member—

(a)ceases to hold his employment with a LGPS employer—

(i)by reason of redundancy; or

(ii)in the interests of the efficient exercise of that employer’s functions;

(b)in respect of that loss of employment is not disentitled to a redundancy payment under Part XI of the 1996 Order by virtue of Article 240(2) of that Order (agreements to exclude rights to redundancy payments on expiry of short fixed term contracts) and either—

(i)is not eligible to benefit under Part III, or

(ii)is eligible but has not been granted a credited period under regulation 7 by his LGPS employer;

(c)has attained the age of 18 on the material date and, unless he has attained the age of 50 on that date, is entitled to count a qualifying employment of at least 2 years;

(d)on the material date has a total period of membership of 40 years or less; and

(e)has not attained the age of 65 on that date.

(2) Where this Part applies, the LGPS employer may before the end of the period of six months beginning with the material date determine to pay compensation of an amount not exceeding a sum equivalent to 66 weeks' pay or, if it is less—

(a)in the case of an employee who has attained the age of 18 but not 20 on that date, one half week’s pay for each complete year of qualifying employment after attaining the age of 18;

(b)in the case of an employee who has attained the age of 20 but not 23 on that date, one half week’s pay—

(i)for each complete year of qualifying employment after attaining the age of 18; and

(ii)for each complete year of qualifying employment after attaining the age of 20;

(c)in the case of an employee who has attained the age of 23 but not 41 on that date, two weeks' pay for each complete year of qualifying employment after attaining the age of 18;

(d)in the case of an employee who has attained the age of 41 on that date—

(i)two weeks' pay for each complete year of qualifying employment after attaining the age of 18; and

(ii)three weeks' pay for each complete year of qualifying employment after attaining the age of 41.

(3) In any case, the maximum amount shall not exceed one week’s pay for each week (fractions of a week being disregarded) between the material date and the employee’s 65th birthday.

(4) If any redundancy payment is made to the employee, an amount equivalent to it shall be deducted from the amount of the compensation otherwise payable to him under this Part.

(5) After making a determination under paragraph (2) in respect of a person, a LGPS employer shall as soon as is reasonably practicable give him written notification of the compensation payable, giving details of the calculation in question.

(6) Without prejudice to any statutory provision to the contrary, any compensation payable under this Part—

(a)shall be paid by the LGPS employer, as soon as practicable after making a determination under paragraph (2), in the form of a lump sum payment to or in trust for the person entitled to receive the compensation; and

(b)shall not be assignable or chargeable with his debts or other liabilities.

(7) For the purposes of this Part a week’s pay shall be calculated in accordance with provisions of Chapter IV of Part I of the 1996 Order (calculation of normal working hours or a week’s pay) and for the purposes of that calculation references to the calculation date in the 1996 Order shall be treated as the material date.

(8) For the purpose of calculating the compensation payable to a person under this Part, the LGPS employer shall not include any years of qualifying employment which it or a previous LGPS employer has taken into account in calculating compensation which has been paid to him previously under these Regulations or other regulations made under Article 19 of the 1972 Order (except for concurrent qualifying employment).

(9) No period of qualifying employment which has been taken into account in calculating compensation paid under this Part may be taken into account for the purposes of calculating compensation to be paid under these Regulations or other regulations made under that Article (except, in the case of a calculation by a LGPS employer, for concurrent qualifying employment).

(10) In this Part—

  • “concurrent qualifying employment”, in relation to a calculation by a LGPS employer, means qualifying employment with that employer which is concurrent with qualifying employment with that or another LGPS employer;

  • “excluded employment” means a period of employment in relation to which a pension or other benefits (other than a refund of contributions) are being or have been paid under an occupational pension scheme;

  • “qualifying employment”, in relation to an employee, means a period of employment (other than excluded employment) in relation to which the LGPS employer is satisfied that the employee was in local government employment (within the meaning of the LGPS Regulations) or was in employment which would have been such employment but for a relevant disqualification;

  • “relevant disqualification”, in relation to an occupational pension scheme, means any of the following reasons in consequence of which (either alone or taken together) a person has not become, has ceased to be or has not been treated as being eligible for membership of the Scheme, namely—

    (a)

    the failure of a medical examination required for such membership;

    (b)

    the making of any election to opt out of or the absence of an election to opt into such membership with respect to any period of employment; and

    (c)

    a restriction excluding some part-time employment from being employment to which the Scheme applies;

    and other expressions used in this Part and in Part III have the same meaning as in that Part.

Back to top

Options/Help

Print Options

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