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Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002

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Counting old membership of existing members under 2002 Regulations

Entitlement of active members to count old membership

6.  Any person who continues as an active member of the Scheme on the commencement date by virtue of regulation 3 may count for regulation 8(1)(d) of the 2002 Regulations the same length of membership as the total period he was entitled to count under the old provisions immediately before that date (but see regulations 8 to 11 and Schedule 2).

Entitlement of re-employed members to count old membership

7.—(1) Any member to whom regulation 3 does not apply who becomes an active member again on or after the commencement date may count for regulation 8(1)(d) of the 2002 Regulations the same length of membership as he would have been entitled to count for that regulation if regulation 6 had applied to him (but see Schedule 2).

(2) Where paragraph (1) applies to a member who is entitled to count a period of membership under regulation B13(1)(a) of the 2000 Regulations by virtue of regulation 9(5)(c) of these Regulations, for paragraph (1) the member shall be deemed to have been entitled to count that period immediately before the commencement date.

Membership before 1st April 1972

8.—(1) If immediately before the commencement date a member–

(a)was entitled to count a period of membership before 1st April 1972; and

(b)had not, being eligible to do so, made a relevant election; or

(c)having made such an election ceased to make payments under it,

for regulation 6 that period of membership or, as the case may be, the unpaid part of it must be reduced to 89 per cent. of its length.

(2) Paragraph (1) only applies to a female member if she duly elected under regulation E12(1)(b) or (2)(b) of the 1992 Regulations (election by wife of dependent and permanently incapacitated husband).

(3) A relevant election is an election wholly or partly in respect of membership before 1st April 1972, made or having effect as if made under regulation C13 of the 2000 Regulations or made under regulation C9 of the 1992 Regulations (payments to avoid reduction of retirement grant and death grant).

(4) Where a member to whom paragraph (1) would have applied if he had been married immediately before the commencement date marries on or after that date while he is an active member and before he becomes entitled to benefits under the Scheme, paragraph (1) shall apply to him as if he had been married immediately before that date.

(5) Despite anything in these Regulations, a relevant election under which payments were being made immediately before the commencement date shall continue to have effect on and after that date to the extent that it relates to a period of membership before 1st April 1972 (subject to the continuation of payments under it at the same rate as they were made before the commencement date) whether or not immediately before the commencement date the election also related to a later period.

(6) But if a member to whom paragraph (1) would have applied apart from his continuing to make payments under a relevant election until the commencement date (“a continuing member”), fails after that date to complete the payments due under that election in respect of membership before 1st April 1972 (otherwise than by virtue of his death or his becoming entitled to a retirement pension under regulation 29 of the 2002 Regulations), paragraph (1) shall apply to him as if he had so ceased before the commencement date.

(7) If a continuing member–

(a)completes the payments due under the election in respect that membership; or

(b)fails to complete them by virtue of his death or his becoming entitled to a retirement pension under regulation 29 of the 2002 Regulations,

for regulation 8(1)(d) of those Regulations he may count the full period of membership in relation to which he made the election.

(8) For paragraph (1) the unpaid part of the period is the part of it in respect of which payments (including payments by instalments of a lump sum) have not been made.

(9) Where paragraph (1) applies by virtue of paragraph (6) any payments made on or after the commencement date must be taken into account for paragraph (8).

Rights under old provisions affecting membership periods (extra payments, absences etc.)

9.—(1) Any notice given or having effect as if given or deemed to have been given under–

(a)regulation C5(3) or (4) of the 2000 Regulations (payments in respect of leave of absence);

(b)regulation C6(5) of those Regulations (payments in respect of maternity absence);

(c)regulation C7(2) of those Regulations (payments in respect of absence owing to trade dispute); or

(d)regulation C9 of those Regulations (payments to increase membership),

by a member to whom regulation 3(1) applies shall cease to have effect (but see regulation 12).

(2) Where a member to whom paragraph (1) applies has made any payment under regulation C5(3) or, as the case may be, regulation C6(4), C7(2) or C9(2) of the 2000 Regulations in pursuance of the notice, the Committee must calculate the period as respects which payment has been made.

(3) The Committee must notify the member of that period as soon as practicable after the commencement date.

(4) The period the member may count for regulation 8(1)(d) of the 2002 Regulations includes the period calculated under paragraph (2).

(5) Nothing in these Regulations affects–

(a)any right of any person who has ceased to be employed before the commencement date to give a notice under regulation C5(3) or C6(5) of the 2000 Regulations not later than 30 days after he ceased to be employed;

(b)any right of any person who has ceased to be employed before the commencement date (or his personal representatives) to give a notice under paragraph (2) of regulation C7 of the 2000 Regulations within the period mentioned in paragraph (4) of that regulation; or

(c)if such a person as is specified in sub-paragraph (a) or (b) makes a payment in pursuance of the notice, his right to count the period as respects which the payment is made under regulation B13(1)(a) of the 2000 Regulations.

(6) In the case of a notice served under regulation C7(2) of the 2000 Regulations where the member has died, references in this regulation to the member shall be taken where appropriate as references to the member’s personal representatives.

Rights under Schedule C5 to the 2000 Regulations: counting of membership

10.—(1) Where any member to whom regulation 3(1) applies has any rights to make any payments which remain payable immediately before the commencement date by virtue of paragraph 1(3) of Schedule C5 to the 2000 Regulations–

(a)those rights shall cease (but see regulation 13);

(b)the Committee must calculate the period as respects which payment has been made and notify the member of that period as soon as practicable after the commencement date; and

(c)the period the member may count for regulation 8(1)(d) of the 2002 Regulations includes the period so calculated.

(2) The period mentioned in paragraph (1)(c) is such period as the Committee determines to be appropriate.

(3) A period is only appropriate if the rights in respect of that period under the 2002 Regulations will be at least equal in value to the member’s rights in respect of the payments he has made under the old provisions.

(4) Where the Committee thinks fit, it must obtain the advice of an actuary appointed by it before making a determination under paragraph (2) and a statement as to the actuarial basis of that advice.

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