Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007

Regulation 58

SCHEDULE Transitional Provisions and Savings

1.  Where a member —

(a) elects to receive the immediate payment of retirement benefits under regulation 33(1) (other early leavers: deferred retirement benefits and elections for early payment) of the principal Regulations; and

(b) satisfies the 85 year rule;

that part of his retirement pension and grant which is calculated by reference to any period of membership before the relevant date shall not be reduced in accordance with regulation 33(4) of the principal Regulations (as amended by regulation 50).

2.  For the purposes of paragraph 1, the relevant date, for a member who was a member before 1st October 2006 is —

(a) in the case of a member who will be aged 60 or more on 31st March 2016, the earlier of—

(i) 31st March 2016; and

(ii) the date on the day after the day on which the member leaves local government employment; or

(b) in any other case, 1st April 2008.

3.  For the purposes of this Schedule, a member satisfies the 85 year rule if the sum of —

(a) his age in whole years on the date his local government service ends or the date he elects under regulation 33(1) of the principal Regulations if later;

(b) his total membership in whole years;

(c) in a case where he elects after his local government employment ends, the period beginning with the end of that employment and ending with the date he elects; and

(d) in the case of a person who was a member before 1st February 2003, any qualifying period counted by virtue of regulation 127 (rights as to service not matched by credited period) which was awarded before 1st April 2008,

is 85 years or more.

4.  Where a member who may elect under regulation 34(1) (re-employed and rejoining deferred members) of the principal Regulations does not do so or does not so elect as respects all periods of his membership, in applying paragraph 2 as respects any later membership, his total membership excludes unaggregated periods.

5.—(1) This paragraph applies to a member who was an active member before 1st October 2006 who—

(a) before 1st October 2006 elected to make additional contributions to the Scheme to increase his total membership under regulation 57(1) (payments to increase total membership) of the principal Regulations; and

(b) was assumed to retire from a local government employment on a date before his 65th birthday (“the assumed date”) for the purposes of calculating his additional contributions under regulation 57(5) of the principal Regulations.

(2) Where a member to whom this paragraph applies —

(a) continues paying the additional contributions until the assumed date; and

(b) retires on or after the assumed date,

he shall not pay any additional contributions after that date and the whole of the additional period may be counted as part of his total membership.

(3) An additional period counted as a period of total membership as a result of this paragraph shall be treated as a period of membership before 1st April 2008.

6.—(1) This paragraph applies to a member who retires, having reached the age of 60, between 1st April 2016 and 31st March 2020, and who would (but for the provisions of paragraphs 1 and 2) have satisfied the 85 year rule before the latter date.

(2) That part of his retirement pension and grant which is calculated by reference to any period of membership after 31st March 2008 shall be reduced in accordance with guidance issued by the Government Actuary.