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The Local Government Pension Scheme (Nursery Assistants) (Amendment) Regulations (Northern Ireland) 2016

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Statutory Rules of Northern Ireland

2016 No. 329

Local Government

The Local Government Pension Scheme (Nursery Assistants) (Amendment) Regulations (Northern Ireland) 2016

Made

16th September 2016

Coming into operation

16th October 2016

The Department for Communities(1), with the consent of the Department of Finance, makes these Regulations in exercise of the powers conferred by sections 1 and 3 of, and Schedule 3 to, the Public Service Pensions Act (Northern Ireland) 2014(2).

In accordance with section 21 of that Act, the Department has consulted with such persons or representatives of such persons as appears to the Department likely to be affected by these Regulations.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as The Local Government Pension Scheme (Nursery Assistants) (Amendment) Regulations (Northern Ireland) 2016 and shall come into operation on 16 October 2016.

(2) In these Regulations—

“the 2002 Regulations” means the Local Government Pension Scheme Regulations (Northern Ireland) 2002(3);

“the Administration Regulations” means the Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009(4);

“the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009(5); and

“the 2014 Transitional Regulations” means The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014(6).

Retrospection

2.  The amendments in—

(a)regulations 3 to 10 shall have effect from 27th March 2015; and

(b)regulations 11 to 13 shall have effect from 1st April 2015.

Amendment of the 2002 Regulations

3.—(1) Regulations 4 to 6 have effect in relation to the 2002 Regulations to the extent that the 2002 Regulations continue in operation by virtue of the 2014 Transitional Regulations.

(2) The 2002 Regulations shall be amended in accordance with regulations 4 to 6.

4.  In regulation 10 (length of period of membership: calculation of benefit)—

(a)in paragraph (4) for “paragraphs (4A) and (4B)” substitute “paragraphs (4A), (4B) and (4C)”;

(b)after paragraph (4B) insert—

(4C) In the case of the Agreement No. 2 qualifying member, the denominator is—

(a)for the calculation of any benefits for the period between 1st January 1995 and 27th March 2015, 32.5 hours; and

(b)for the calculation of any benefits for the period thereafter, the number of contractual hours of that employment if it were on a whole-time basis.; and

(c)in paragraph (6) after the definition of “the Agreement” insert—

“the Agreement No. 2” means the Collective Agreement for the Joint Negotiating Council of the Education and Library Boards reached on 27th March 2015;

“the Agreement No. 2 qualifying member” means a member who was party to the Agreement No. 2;.

5.  After regulation 19(14) (calculations), insert—

(15) In the case of the Agreement No. 2 qualifying member, paragraphs (10) to (13) apply as if for each reference to “30th November 2007” there was substituted “27th March 2015”.

6.  For regulation 22(3) (final pay) substitute—

(3) For part-time employment—

(a)in the case of a qualifying member subject to regulation 19(10) to (13);

(b)in the case of a newly qualifying member subject to regulation 19(10) to (14); and

(c)in the case of the Agreement No. 2 qualifying member subject to regulation 19(10) to 19(13) and 19(15);

the final pay is the pay which would have been paid for a single comparable whole-time employment..

Amendment of the Benefits Regulations

7.—(1) Regulation 8 has effect in relation to the Benefits Regulations to the extent that the Benefits Regulations continue in operation by virtue of the 2014 Transitional Regulations.

(2) The Benefits Regulations shall be amended in accordance with regulation 8.

8.  In regulation 8 (final pay: general) of the Benefits Regulations—

(a)for paragraph (3) substitute—

(3) For part-time employment—

(a)in the case of a qualifying member subject to regulation 19(10) to (13) of the 2002 Regulations;

(b)in the case of a newly qualifying member subject to regulation 19(10) to (14) of the 2002 Regulations; and

(c)in the case of the Agreement No. 2 qualifying member subject to regulation 19(10) to 19(13) and 19(15) of the 2002 Regulations;

the final pay is the pay which would have been paid for a single comparable whole-time employment.; and

(b)after paragraph (4) insert—

(5) In this Regulation—

“qualifying member” means a member who was party to the Agreement;

“newly qualifying member” means a member who is employed as a classroom assistant by a voluntary grammar school or a grant maintained integrated school within the meaning of the Education Reform (Northern Ireland) Order 1989;

“the Agreement” means the Collective Agreement for the Joint Negotiating Council of the Education and Library Boards dated 30th November 2007;

“the Agreement No. 2” means the Collective Agreement for the Joint Negotiating Council of the Education and Library Boards reached on 27th March 2015; and

“the Agreement No. 2 qualifying member” means a member who was party to the Agreement No. 2..

Amendment of the Administration Regulations

9.—(1) Regulation 10 has effect in relation to the Administration Regulations to the extent that the Administration Regulations continue in operation by virtue of the 2014 Transitional Regulations.

(2) The Administration Regulations shall be amended in accordance with regulation 10.

10.  In regulation 11 (periods of membership) of the Administration Regulations—

(a)in paragraph (6)—

(i)at the end of sub-paragraph (a) delete “and”;

(ii)at the end of sub-paragraph (b) insert “; and”; and

(iii)after sub-paragraph (b), insert—

(c)Agreement No.2 qualifying member between 1st January 1995 and 27th March 2015,

(b)in paragraph (7) after the definition of “the Agreement”, insert—

“the Agreement No. 2” means the Collective Agreement for the Joint Negotiating Council of the Education and Library Boards reached on 27th March 2015;

“the Agreement No. 2 qualifying member” means a member who was party to the Agreement No. 2;.

Amendment of the 2014 Transitional Regulations

11.  The 2014 Transitional Regulations shall be amended in accordance with regulations 12 and 13.

12.  After regulation 3(14) (membership before 1st April 2015), insert—

(15) Where final pay is to be calculated for any qualifying members or newly qualifying members or the Agreement No. 2 qualifying member, in accordance with regulation 8(3) (final pay: general) of the Benefits Regulations, that calculation is completed as if regulations 10 (length of period of membership: calculation of benefit), 19 (calculations) and 22 (final pay) of the 2002 Regulations continue to have effect.

(16) In this Regulation—

“qualifying member” means a member who was party to the Agreement;

“newly qualifying member” means a member who is employed as a classroom assistant by a voluntary grammar school or a grant maintained integrated school within the meaning of the Education Reform (Northern Ireland) Order 1989;

“the Agreement” means the Collective Agreement for the Joint Negotiating Council of the Education and Library Boards dated 30th November 2007;

“the Agreement No. 2” means the Collective Agreement for the Joint Negotiating Council of the Education and Library Boards reached on 27th March 2015; and

“the Agreement No. 2 qualifying member” means a member who was party to the Agreement No. 2.;

13.  In Schedule 2 (revocation of regulations)—

(a)for the revocation of “The Benefits Regulations” substitute—

The Benefits Regulations are revoked except for the provisions listed below—

Regulation 8 (final pay: general) as amended by regulation 7 of the Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2010(7) and regulations 7 and 8 (amendment of the Benefits Regulations) of the Local Government Pension Scheme (Nursery Assistants) (Amendment) Regulations (Northern Ireland) 2016(8);;

(b)for “Regulation 11”, the last entry at the end of the list of regulations excepted from revocation of “The Administration Regulations”, substitute—

Regulation 11 (periods of membership) as amended by regulation 18 of the Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2012(9) and regulations 9 and 10 (amendment of the Administration Regulations) of the Local Government Pension Scheme (Nursery Assistants) (Amendment) Regulations (Northern Ireland) 2016;.

Sealed with the Official Seal of the Department for Communities on 16 September 2016

(L.S.)

Anthony Carleton

A senior officer of the Department for Communities

The Department of Finance consents to these Regulations

Sealed with the Official Seal of the Department of Finance on 16 September 2016

(L.S.)

Joanne McBurney

A senior officer of the Department of Finance

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend—

  • The Local Government Pension Scheme Regulations (Northern Ireland) 2002 (“the 2002 Regulations”);

  • The Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009 (“the Administration Regulations”);

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

  • The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (“the 2014 Transitional Regulations”).

These Regulations will come into operation on 16 October 2016. Section 3(3)(b) of the Public Service Pensions Act (Northern Ireland) 2014 provides that scheme regulations may make retrospective provision and Regulation 2 outlines the terms of the retrospective nature of these Regulations.

These Regulations will protect nursery assistants’ pensions by changing the denominator of the fraction used to calculate their pension entitlement from a whole-time equivalent of 32.5 hours per week to 36 hours per week. Nursery assistants employed by the Education and Library Boards who accrued pension rights on the basis of a whole-time equivalent of 32.5 hours per week during the period from 1 January 1995 to 27 March 2015 (inclusive) will have those rights protected. Thereafter their pension rights will be accrued on the basis of the whole-time equivalent of 36 hours per week.

(1)

Formerly known as the Department for Social Development; see the Departments Act (Northern Ireland) 2016 c.5 (N.I). Article 8 of and Schedule 5 to the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76) transferred functions to the Department for Communities which were previously exercisable by the Department of the Environment; S.R. & O. (N.I) 1973 No.504 Article 7(1); S.I. 1976/424 (N.I. 6) Article 3(1).

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