Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009

Citation, commencement, interpretation and retrospection

1.—(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 and except as provided for in paragraph (2), shall come into operation on 1st April 2009.

(2) These Regulations shall come into operation as follows—

(a) regulation 8 on 1st February 2009;

(b) paragraphs (2) and (9) of Schedule 3 on 1st April 2007;

(c) paragraphs (3) and (4) of Schedule 3 on 6th April 2006;

(d) paragraph (5) of Schedule 3 on 1st April 2004; and

(e) paragraphs (6), (7) and (8) of Schedule 3 on 1st October 2006.

(3) In these Regulations—

“the 2002 Regulations” means the Local Government Pension Scheme Regulations (Northern Ireland) 2002(1);

“the 2002 Scheme” means the occupational pension scheme constituted by the 2002 Regulations, the Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002(2) and the Local Government Pension Scheme Regulations (Northern Ireland) 2000(3) (so far as they continue to operate);

“active member” has the same meaning as in Article 121(1) of the Pension (Northern Ireland) Order 1995(4);

“the Administration Regulations” means the Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009(5);

“the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009(6);

“the Committee” means the Northern Ireland Local Government Officers’ Superannuation Committee established under section 1 of the Local Government (Superannuation) Act (Northern Ireland) 1950(7);

“contribution rate” means the appropriate contribution rate for a member as provided for in regulation 3 (contributions payable by active members) of the Benefits Regulations;

“deferred member” has the same meaning as in Article 121(1) of the Pensions (Northern Ireland) Order 1995 except as provided in regulation 12 (re-employed and rejoining deferred members) of the Administration Regulations;

“employee” includes a whole-time, part-time or variable time employee;

“employing authority” means a body employing an employee who is eligible to be a member or is a local authority as defined in Article 2 of the Superannuation (Northern Ireland) Order 1972(8) (but see regulation 6(6) (admission agreements – further provisions) of the Administration Regulations);

“employment” includes office;

“local government employment” means employment by virtue of which the person employed is or has been (or is or has been deemed to be) a member;

“member” has the same meaning as in Article 121(1) of the Pensions (Northern Ireland) Order 1995 but, except in regulation 64 (annual benefit statements) and in Part 11 (pension sharing) of the Administration Regulations, shall not include a pension credit member;

“nominated cohabiting partner” has the meaning given by regulation 25 (meaning of “nominated cohabiting partner”) of the Benefits Regulations;

“occupational pension scheme” has the meaning given by section 150(5) of the Finance Act 2004(9);

“pension credit” means a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999(10) or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999(11);

“pension credit benefits” means benefits payable under the Scheme to or in respect of a pension credit member by virtue of rights under the Scheme;

“pension credit member” means a person who has pension credit rights or benefits under the Scheme;

“pension credit rights” means rights to future benefits under the Scheme which are attributable to a pension credit;

“pensioner member” has the same meaning as in Article 121(1) of the Pensions (Northern Ireland) Order 1995;

“preserved benefits” means benefits to which a person—

(a)

was entitled immediately before the commencement date and which are preserved by virtue of regulation 3(1) and 3(2)(a) (membership accrued before 1st April 2009: active members); and

(b)

becomes entitled under the Benefits Regulations and Administration Regulations,

and which have not become payable and which have not had an election made in respect of them under regulation 12 (re-employed and rejoining deferred members) of the Administration Regulations;

“the Scheme” means the occupational pension scheme constituted by these Regulations, the Administration Regulations, the Benefits Regulations and the 2002 Regulations (so far as they continue to operate);

“service” means service or employment with an employing authority and service rendered by an employee of an employing authority whose services are placed at the disposal of a Minister of the Crown or a Government department in pursuance of any enactment is to be treated as service with an employing authority; and

“total membership” means the aggregate of periods of membership which count as such under regulation 6 (periods of membership) of the Benefits Regulations.

(1)

S.R. 2002 No. 352 as amended by S.R. 2002 No. 353, S.R. 2004 No. 139, S.R. 2005 No. 206, S.R. 2005 No. 274, S.R. 2006 No. 6, S.R. 2006 No. 112, S.R. 2007 No. 152, S.R. 2007 No. 448 and S.R. 2007 No. 479.

(2)

S.R. 2002 No. 353; as amended by S.R. 2006 No. 6.

(3)

S.R. 2000 No. 177; as amended S.R. 2001 No. 61, S.R. 2001 No. 63, S.R. 2001 No. 64, S.R. 2002 No. 115 and S.R. 2002 No. 353.

(4)

S.I. 1995/3213 (N.I. 22).

(5)

S.R. 2009 No. 33.

(6)

S.R. 2009 No. 32.

(7)

1950 c. 10 (N.I.).

(8)

As extended by The Housing (Northern Ireland) Order 1981 (S.I. 1981/156, Part 2, Article 5(3)).

(9)

2004 c. 12.

(10)

S.I. 1999/3147 (N.I. 11).

(11)

1999 c. 30.