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Local Government Pension Scheme Regulations (Northern Ireland) 2002

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Members with lower rate rights

13.—(1) A member has lower rate rights for regulation 11 if he falls within paragraph (2).

(2) A member falls within this paragraph if –

(a)immediately before the commencement date he was entitled to contribute to the Scheme at the rate of five per cent; and

(b)since that date either –

(i)he has remained in continuous employment in the same capacity and a member, or

(ii)he falls within paragraph (3).

(3) A member falls within this paragraph if he is –

(a)a continuously-employed manual worker who immediately before the commencement date was in a local government employment in which he was entitled to contribute to the Scheme at the rate of five per cent. by reason of being a manual worker; or

(b)a statutory transferee who was so entitled immediately before he left the Scheme on statutory transfer and has applied to his employing authority to continue to be so entitled before the expiry of the period of 30 days beginning with the date he rejoins the Scheme or such longer period as that authority may allow.

(4) A continuously-employed manual worker is a person –

(a)who on or after the commencement date has been transferred from the employment he held immediately before that date to another local government employment which is described by his employer as a manual employment; or

(b)who on or after that date has been transferred more than once and all of whose employments since that date have been local government employments which are so described.

(5) A statutory transferee is a person who –

(a)left the Scheme by reason of his employment being transferred by virtue of an enactment to a person who was not a Scheme employer; and

(b)has rejoined the Scheme on a further transfer by virtue of an enactment to a person who is a Scheme employer and for whom he is employed in the same capacity as that in which he was employed immediately before he left the Scheme.

(6) For this regulation whether a person’s employment is continuous must be determined in accordance with Chapter III of Part I of the Employments Rights (Northern Ireland) Order 1996(1) but any period not exceeding one month and one day when he is not employed may be disregarded.

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