Guaranteed minimum pensions etc.
39.—(1) Where a member’s local government employment is contracted-out employment and he has a guaranteed minimum in relation to service before 6th April 1997, from the date he attains state pensionable age he is entitled to a pension at a weekly rate equal to not less than that guaranteed minimum.
(2) But if the member attains state pensionable age while in local government employment, he is not so entitled until he leaves that employment, unless paragraph (3) applies.
(3) If the member –
(a)continues in the same employment for a further period of five years after attaining state pensionable age; and
(b)does not then leave it,
he is entitled from the end of that period to so much of his retirement pension as equals that guaranteed minimum (unless he consents to a postponement of the entitlement).
(4) For paragraph (1), a person has a guaranteed minimum if he has such a minimum under section 10 of the Pension Schemes (Northern Ireland) Act 1993 in relation to benefits under these Regulations.
(5) A person’s retirement pension is not to be reduced under regulation 33(4) to less than the aggregate of –
(a)any minimum rate of equivalent pension benefits applicable under the Insurance Act; and
(b)one eightieth of his final pay (expressed as an annual rate), multiplied by the length in years of the whole period of his membership in contracted-out employment during the period beginning with the relevant date and ending with 30th April 1995.
(6) In paragraph (5) “the relevant date” means –
(a)in the case of a man, 17th May 1990; and
(b)in the case of a woman, 6th April 1978.
(7) Where a person’s local government employment is or was contracted-out employment, a surrender under regulation 36 (together with any previous surrenders) must not result in the annual rate of the retirement pension being less than one eightieth of his final pay multiplied by the length in years of the whole period of his membership in contracted-out employment beginning with the relevant date and ending with 30th April 1995.
(8) Where a person making a surrender under regulation 36 has a guaranteed minimum, the surrender (together with any previous surrenders) must not result in the weekly rate of the retirement pension being less than the guaranteed minimum.
(9) Where a person making a surrender under regulation 36 –
(a)is in local government employment;
(b)has attained normal retirement age; and
(c)has total membership of at least two years or a transfer value credited to him,
references in paragraphs (7) and (8) to the retirement pension are references to the retirement pension which would become payable if he ceased to hold his employment on the day the surrender takes effect.
(10) This regulation overrides any provision in these Regulations to the extent to which it conflicts with it, except –
(a)regulation 51 (commutation);
(b)regulation 113 (application of abatement policy in individual cases);
(c)regulation 114 (forfeiture); and
(d)regulation 115 (interim payments directions).