The Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations (Northern Ireland) 2007

Revocation of Regulations, transitional provision and savings

9.—(1) The following are revoked but subject to the transitional provision in paragraph (2) and the savings in the Schedule—

(a) the 2003 Regulations; and

(b) regulation 5 of the Local Government Pension Scheme (Civil Partnership) (Amendment) Regulations (Northern Ireland) 2006(1).

(2) A Scheme employer may decide to pay compensation under the 2003 Regulations to a person whose employment commenced before 1st October 2006 and whose termination date is after 30th September 2006 and before 1st April 2007.

(3) A Scheme employer may decide to pay compensation under regulation 5 to a person—

(a) whose employment with them terminated after 30th September 2006 and before the date on which these Regulations come into operation; and

(b) in respect of whom a decision to pay lump sum compensation has been made and notified under Part III of the 2003 Regulations before the date on which these Regulations come into operation (“the 2003 lump sum”).

(4) The amount that a Scheme employer may decide to pay under paragraph (3) may not exceed the difference between—

(a) 104 weeks’ pay; and

(b) the 2003 lump sum;

but if the person in whose favour a decision under paragraph (3) has been made receives a redundancy payment under Part XII of the 1996 Order or compensation under regulation 4 of the 2003 Regulations or regulation 4 of these Regulations, the equivalent amount shall be deducted from the compensation otherwise payable to him under paragraph (3) if no such adjustment has already been made.

(5) Nothing in these Regulations shall place any individual who is eligible to participate in the benefits for which the 2003 Regulations provide in a worse position than he would have been in if all the provisions of these Regulations had been framed so as to have effect only from the date of their making.

(1)

S.R. 2006 No. 6.