Local Government (Compensation for Redundancy) (Amendment) Regulations 1996

Interpretation

2.  Regulation 2 of the 1994 Regulations is amended—

(a) by inserting before the definition of “eligible employee” the following—

““continuous employment” means a period of employment computed in accordance with the provisions of section 151 of and Schedule 13 to the Employment Protection (Consolidation) Act 1978(1) as modified by the Redundancy Payments (Local Government) (Modification) Order 1983(2).”;

(b) in the definition of “eligible employee” by adding the following—

“or;

(c) a person who on the material date is a member of the occupational pension scheme constituted by the 1995 Regulations or is eligible to be a member or would be eligible but for the fact that he is not eligible under regulation B2(2) of the 1995 Regulations;”;

(c) in the definition of “employing body” by inserting—

(i) after the words “the Local Government Superannuation Regulations 1986” the words “an LGPS employer within the meaning of the 1995 Regulations”; and

(ii) after the words “the Local Government (Wales) Act 1994” the words “or a National Park authority in Wales”;

(d) by inserting before the definition of “the prescribed period” the following—

““material date” in relation to an eligible employee means the date upon which he ceases to hold the employment which ceases as described in regulations 3(a), 5(a) or 13(a);

“National Park authority in Wales” means the authority established for a National Park in Wales by article 3 of the National Park Authorities (Wales) Order 1995(3);

“the 1986 Regulations” means the Local Government Superannuation Regulations 1986(4);

“the 1995 Regulations” means the Local Government Pension Scheme Regula tions(5);”;

(e) in the definition of “the prescribed period” by substituting for the date “31st March 1997” the date “30th September 1997”;

(f) by inserting before the definition of “relevant body” the following—

• ““qualifying employment” in relation to an eligible employee means a period of employment with an employer in relation to which the employing body is satisfied that the employee—

  (a)

  was in local government employment within the meaning of the 1995 Regulations or would have been treated as being in local government employment but for a relevant disqualification; or

  (b)

  was in pensionable employment within the meaning of the Teachers Superannuation (Consolidation) Regulations 1988(6) or was in employment which would have been pensionable employment but for a relevant disqualification; or

  (c)

  was in pensionable employment within the meaning of the National Health Service Pension Scheme Regulations 1995(7) or was in employment which would have been pensionable employment but for a relevant disqualification,

  but excludes—

  (d)

  periods of employment in an independent school within the meaning given in section 114(1) of the Education Act 1944(8); and

  (e)

  any period in relation to which a pension or other benefits (other than a refund of contributions) under the qualifying scheme are being or have been paid;

• “qualifying scheme” means an occupational pension scheme under which qualifying employment accrues or is deemed to accrue;”;

(g) in the definition of “relevant body” by adding the words “and for the purposes of this definition as it applies in Wales, a National Park authority in Wales shall be treated as if it were a body referred to in that section”;

(h) by inserting after the definition of “relevant body” the following—

• ““relevant disqualification” means—

  (a)

  the failure of any medical examination required for membership of the qualifying scheme in question;

  (b)

  the requirement that a manual worker should have completed any period of continuous employment before he may become a member of the Scheme;

  (c)

  the making of any election to opt out of or the absence of an election to opt into membership of the qualifying scheme in question with respect to any period;

  (d)

  any restriction on part-time employment being pensionable employment;

  (e)

  the fact that, where the employment is part-time, the person has not elected that it should be pensionable; or

  (f)

  the fact that a person is not eligible to be a member of the Scheme under regulation B2(2) of the 1995 Regulations,

  in consequence of one or more of which (either individually or cumulatively) that person has not become or has ceased to be or has not been treated as being eligible for the qualifying scheme in question;

• “the Scheme” has the same meaning as in the 1995 Regulations;

• “a week’s pay” shall be calculated in accordance with the provisions of Schedule 14 to the Employment Protection (Consolidation) Act 1978 but, for the purposes of these Regulations, the calculation date shall be the material date and the schedule shall be applied as if paragraph 8(1)(c) has been repealed.”;

(i) by deleting the definitions of “remuneration” and “special service”.

(1)

1978 c. 44; section 151 was substituted with savings by the Employment Act 1982 (c. 46) section 20, Schedule 2, paragraph 7(1) and Schedule 13 was amended by the Employment Act 1980 (c. 42), section 20, Schedule 1, paragraphs 31 and 32, the Employment Act 1982, section 20, Schedule 2, paragraph 7(2) and section 21, Schedule 3, Part I and II and Schedule 4, the Reserve Forces (Safeguard of Employment) Act 1985 (c. 17), section 21, Schedules 4 and 5, the Social Security (Consequential Provisions) Act 1992 (c. 6), section 4, Schedule 2, paragraph 51, the Trade Union Reform and Employment Rights Act 1993, (c.19), sections 49(1) and (2) and 51 and Schedule 7, paragraph 14, Schedule 8, paragraph 31(a) and (b) and Schedule 10, the Health Authorities Act 1995 (c. 17) Schedule 1, paragraph 103 and the Employment Protection (Part-time Employees) Regulations 1995, S.I. 1995/31.

(2)

S.I. 1983/1160 as amended by S.I. 1988/907, 1989/532, 1990/826, 1991/881, 1993/784.

(3)

S.I. 1995/2803.

(4)

S.I. 1986/24; relevant amending instruments are S.I. 1989/371, 1991/2471, 1992/172.

(5)

S.I. 1995/1019, amended by S.I. 1995/1985, 2249, 2953, 1996/185.

(6)

S.I. 1988/1652; a relevant amending instrument is S.I. 1995/2004.

(7)

S.I. 1995/300.

(8)

1944 c. 31.