Search Legislation

The Teachers’ Superannuation (Additional Voluntary Contributions) (Amendment) Regulations (Northern Ireland) 2015

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendments to regulation 2 (Interpretation)

This section has no associated Explanatory Memorandum

4.  In regulation 2(1)–

(a)after the definition of “authorised insurance company” insert—

AVC policy age” means—

(a)

except in the circumstances mentioned in sub-paragraphs (b), (c), (d) or (e), a person (P)’s normal pension age on the date P makes an election under regulation 4;

(b)

if a transfer is made under regulation 10, a person (P)’s normal pension age at the date that written notice from P under regulation 10(1) is received by the Department;

(c)

in respect of a pension credit member, the pension debit member’s normal pension age on the date that an election under regulation 4 is made by the pension debit member or notice from the pension debit member under regulation 10(1) is received by the Department;

(d)

if a contributor or participator (P) realises all of the funds invested on P’s behalf under regulation 9(1) and 10(2) and makes a subsequent election under regulation 4, P’s normal pension age at the date of the subsequent election;

(e)

if a person (P) is in pensionable service under the 1998 Regulations at the time of making an election under regulation 4, and has more than one normal pension age under regulation EA1 of those Regulations, P’s normal pension age in relation to P’s pensionable service on the date P makes the election;;

(b)for the definition of “civil partner” substitute—

is to be construed in accordance with section 1 of the Civil Partnership Act 2004(1);;

(c)in the definition of “dependent”, for sub-paragraphs (a) to (c) substitute—

(a)any surviving spouse or surviving civil partner;

(b)any person who is an eligible child as defined in regulation E22(5), (6) and (7) of the 1998 Regulations or regulation 137 of the 2014 Regulations;

(c)any person in respect of whom at the time of death of the participator or contributor a nomination under regulation E22A or E23 of the 1998 Regulations or regulation 135 or 136 of the 2014 Regulations has effect;

(d)any surviving adult as defined in regulation 134 of the 2014 Regulations;;

(d)for the definition of “normal pension age” substitute—

in the case of a person who, at the time of making an election under regulation 4, is in pensionable service under the 1998 Regulations is to be construed in accordance with the 1998 Regulations, and in the case of a person who, at the time of making an election under regulation 4, was in pensionable service under the 2014 Regulations is to be construed in accordance with the 2014 Regulations;;

(e)in the definition of “participator”—

(i)at the end of sub-paragraph (a) insert “in respect of all investments made under regulation 9(1) and 10(2) and has not made a further election under regulation 4 in respect of further pensionable service”;

(ii)at the end of sub-paragraph (c) insert “and who is not otherwise a contributor”;

(f)after the definition of “participator” insert—

“pension commencement lump sum” is to be construed in accordance with Part 1 of Schedule 29 to the 2004 Act;;

(g)after the definition of “pension sharing order” insert—

“pensionable service” is to be construed in accordance with section 34 of the Public Service Pensions Act (Northern Ireland) 2014(2);

(h)omit the definition of “Principal Regulations”;

(i)after the definition of “pensionable service” insert—

“qualifying recognised overseas pension scheme” is to be construed in accordance with section 169 of the 2004 Act;;

(j)omit the definition of “reckonable service”;

(k)in the definition of “salary”, for sub-paragraphs (a) and (b) substitute—

(a)where a person is in pensionable service under the 1998 Regulations at the time the contribution is paid, the salary calculated in accordance with regulation C1 of the 1998 regulations;

(b)where a person is in pensionable service under the 1998 Regulations at the time the contribution is paid in relation to contributions payable under regulation C7 of the 1998 Regulations the salary determined in accordance with the provisions of those Regulations for the purposes of calculating those contributions;

(c)where a person is in pensionable service under the 2014 Regulations at the time the contribution is paid, in relation to pensionable earnings under Chapter 4 of Part 3 of the 2014 Regulations, the earnings determined in accordance with the provisions of that Chapter;;

(l)omit the definition of “the 1977 Regulations”;

(m)after the definition of “the 2004 Act” insert—

“the 1998 Regulations” means the Teachers’ Superannuation Regulations (Northern Ireland) 1998(3);

(n)after the definition of “the 1998 Regulations” insert—

“the 2014 Regulations” means the Teachers’ Pension Scheme Regulations (Northern Ireland) 2014(4);

(o)after the definition of “the 2014 Regulations” insert—

“uncrystallised fund pension lump sum” is to be construed in accordance with section 166 of the 2004 Act..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources