Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Government Pension Scheme Regulations (Northern Ireland) 2002 (the principal Regulations) which comprise the Local Government Pension Scheme (the Scheme).

Regulation 3 amends regulation 4 of the principal Regulations by substituting new regulation 4, 4A and 4B which provide for the Northern Ireland Local Government Officers' Superannuation Committee to make admission agreements to enable employees of non-Scheme employers to be members of the Scheme. The main changes are –

• to separate the requirements for “community” and “transferee” admission bodies into separate regulations;

• to extend the definition of transferee admission body, to include bodies (other than community admission bodies) that carry out a public service and have been approved by the Department for admission to the Scheme; and

• to require an indemnity or bond to be entered into by the transferee admission body where it is identified as being necessary following a risk assessment.

The amended regulation 4 of the principal Regulations makes provision for the admission of community admission bodies. These are bodies which provide public services, otherwise than for the purposes of gain.

The inserted regulation 4A of the principal Regulations makes provision for the admission of transferee admission bodies. These are bodies which either provide a service or assets transferred from Scheme employers or carry out a public service and have been approved by the Department for admission to the Scheme.

The inserted regulation 4B of the principal Regulations makes further provisions in relation to admission agreements with both types of admission bodies.

Regulation 4 makes a consequential amendment to regulation 5(6) of the principal Regulations to provide when employees of the transferee admission bodies are treated as leaving local government employment for the purposes of the Scheme.

Regulation 5 amends regulation 34(10) of the principal Regulations, which covers re-employed and rejoining deferred members, to provide that for members who have accrued Scheme membership with certain admission bodies, specified periods of such membership may not be aggregated in calculating lump sum benefits.

Regulation 6 amends regulation 78(2) of the principal Regulations, which deals with special circumstances where revised actuarial valuations and certificates must be obtained.

Regulations 7 and 9 make consequential amendments to references to the amended provisions in Schedules 1 and 4 to the principal Regulations. Regulation 8 substitutes a new Schedule 2 to the principal Regulations, as set out in the Schedule to these Regulations.

Regulation 10 provides that the amendments made by these Regulations do not affect admission agreements entered into before the date that these Regulations come into operation.

Regulation 11 makes consequential amendments to the Local Government (Superannuation) (Milk Marketing Board for Northern Ireland) Regulations (Northern Ireland) 1997.