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PART IIN.I.PRIMARY PROVISIONS

CHAPTER IN.I.MEMBERSHIP

Eligibility for active membershipN.I.

General eligibility for membership: employees of Scheme employers etc.N.I.

3.—[F1(1) A person may only be an active member if this regulation, or regulation 4 [F2, regulation 4A] enables him to be one and he is not prevented by regulation 5.

(2) A person may be a member if he is employed by a Scheme employer.

(3) A Scheme employer is a local authority as defined in Article 2 of the Order of 1972(1).]

Textual Amendments

Commencement Information

I1Reg. 3 in operation at 1.2.2003, see reg. 1

[F3Employees of non-Scheme employers: community admission bodiesN.I.

4.—[F1(1) Subject to the requirements of this regulation and regulation 4B, the Committee may make an admission agreement with any community admission body.

(2) The following are community admission bodies –

(a)a body which provides a public service in the United Kingdom otherwise than for the purposes of gain and which either –

(i)has sufficient links with a Scheme employer for the body and the Scheme employer to be regarded as having a community of interest, whether because the operations of the body are dependent on the operations of the Scheme employer or otherwise, or

(ii)is approved by the Department for the purpose of admission to the Scheme;

(b)a body to the funds of which any Scheme employer contributes;

(c)a body representative –

(i)of local authorities,

(ii)of local authorities and officers of local authorities,

(iii)of officers of local authorities which is formed for the purpose of consultation as to the common interests of local authorities, and the discussion of matters relating to local government, or

(iv)of Scheme employers;

(d)a statutory undertaker;

(e)a non-statutory undertaker;

(f)the managers of a voluntary school [F4or grant maintained integrated school] within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986;

(g)the governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997.

(3) Approval under paragraph (2)(a)(ii) may be subject to such conditions as the Department thinks fit and it may withdraw approval at any time if such conditions are not met.

(4) Where, at the date the admission agreement is made with a body referred to in paragraph (2)(b), the contributions paid to the body by any one or more Scheme employers equal in total 50% or less of the total amount it receives from all sources, it must be a term of the admission agreement that the Scheme employer who provides funding (and, if more than one, all of them) guarantees the liability of the body to pay all amounts due from it under the Regulations.

(5) In this regulation –

(a)“a non-statutory undertaker” means a body who, though not authorised by any statutory provision to do so, is primarily engaged in carrying on –

(i)any railway, light railway, road transport, water transport, canal, inland navigation, dock, harbour or pier; or

(ii)any undertaking for the promotion of industrial development or the promotion of the development of tourist traffic;

(b)“a statutory undertaker” means a body authorised by any statutory provision to carry on –

(i)any railway, light railway, road transport, water transport, canal, inland navigation, dock, harbour, or pier; or

(ii)any undertaking for the promotion of industrial development or the promotion of the development of tourist traffic.]]

Textual Amendments

F4Words in reg. 4(2)(f) inserted (with effect in accordance with reg. 1(2)(i) of the amending Rule) by The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/206), regs. 1(1), 45(b)

[F3Employees of non-Scheme employers: transferee admission bodiesN.I.

4A.—[F1(1) Subject to the requirements of this regulation and regulation 4B, the Committee may make an admission agreement with any transferee admission body.

(2) A transferee admission body is a body other than a community admission body, that is providing, or will provide –

(a)a service or assets in connection with the exercise of a function of a Scheme employer as a result of the transfer of the service or assets by means of a contract or other arrangement;

(b)a public service and which is approved by the Department for the purposes of admission to the Scheme.

(3) Only those employees of the transferee admission body who are employed in connection with the provision of the service or assets referred to in paragraph (2) are eligible to be members of the Scheme.

(4) In the case of an admission agreement with a transferee admission body under paragraph (2)(a) the Scheme employer, if it is not also the Committee, must be a party to the admission agreement.

(5) Approval under paragraph (2)(b) may be subject to such conditions as the Department thinks fit and it may withdraw approval at any time if such conditions are not met.

(6) An admission agreement with a transferee admission body shall require that:

(a)in the case of a body under –

(i)paragraph (2)(a), the Scheme employer; or

(ii)paragraph (2)(b), the transferee admission body, to the satisfaction of the Committee,

shall carry out an assessment, taking account of actuarial advice, of the level of risk arising on premature termination of the provision of the service or assets by reason of the insolvency, winding up or liquidation of the transferee admission body; and

(b)that where the level of risk identified by the assessment is such as to require it, the transferee admission body shall enter into an indemnity or bond to meet the level of risk identified.

(7) The indemnity or bond must be with –

(a)a person who has permission under Part IV of the Financial Services and Markets Act 2000 to accept deposits or to effect and carry out contracts of general insurance;

(b)an EEA firm of the kind mentioned in paragraph 5(b) and (d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits or to effect and carry out contracts of general insurance; or

(c)a person who does not require permission under that Act to accept deposits, by way of business, in the United Kingdom.

(8) An admission agreement with a transferee admission body shall make provision for the relevant matters set out in Schedule 2.

(9) Where a transferee admission body undertakes to meet the relevant requirements of this regulation, and –

(a)in the case of a body under paragraph (2)(a), the Scheme employer undertakes to meet the relevant requirements of this regulation; or

(b)in the case of a body under paragraph (2)(b), the Department approves the body for admission to the Scheme and the conditions, if any, to which the approval is subject, have been met;

the Committee must admit to the Scheme the eligible employees of the transferee admission body specified by the body and where it does so, the terms on which it does so are the admission agreement for the purposes of these Regulations.]

Textual Amendments

Requirements for admission agreementsN.I.

4B.—[F1(1) In regulations 4 and 4A an admission agreement is an agreement that all or any specified class of the admission body’s employees may be members.

(2) An admission agreement must terminate if the admission body ceases to be such a body and may make such other provision about its termination as the parties consider appropriate.

(3) When the Committee makes an admission agreement, it must promptly inform the Department of the date the agreement takes effect, the admission body’s name and, in the case of an admission agreement with a transferee admission body under regulation 4A (2)(a), the name of the relevant Scheme employer.

F5(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Committee and an admission body may make an admission agreement despite the fact that they do not exercise their functions or provide services or assets in areas that overlap or adjoin each other.

(6) Any question which may arise between the parties to an admission agreement relating to the construction of the agreement or the rights and obligations under that agreement shall be referred in writing for determination to the Department.

(7) An employee of an admission body may not be a member if he is a member of another occupational pension scheme (within the meaning of section 1 of the Pension Schemes (Northern Ireland) Act 1993 other than where the accrual of benefits under the occupational pension scheme would not affect approval of the Scheme as an approved scheme.

(8) These Regulations apply to employment with an admission body in which the employee is an active member in the same way as if the admission body were a Scheme employer.

[F6(9) A body designated under the provisions of the Local Government (Superannuation) Act (Northern Ireland) 1950 shall be deemed to have an admission agreement under regulation 4 (employees of community admission bodies) for as long as that body continues to employ active members of the Scheme.]]]

Textual Amendments

F6Reg. 4B(9) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/410), reg. 3 (with reg. 2)

Further restrictions on eligibilityN.I.

5.—[F1(1) If a person’s employment entitles him to belong to another statutory pension scheme, that employment does not entitle him to be a member, unless that other scheme was made under Article 9 of the Order of 1972.

(2) A statutory pension scheme is an occupational pension scheme provided by or under an enactment.

(3) A person may not become a member after [F7the day before his 75th birthday].

[F8(4) Retained or volunteer membership with a fire and rescue authority (within the meaning given to that term by Article 3 of the Fire and Rescue Services (Northern Ireland) Order 2006) on terms under which the retained or volunteer member is or may be required to engage in fire-fighting does not entitle the retained or volunteer member to be a member of the Scheme.]

(5) Any person who as a member of staff of the University of Ulster is eligible to participate in the Universities' Superannuation Scheme is not entitled to be a member of the Scheme.

[F9(6) A person who is a member and is an employee of a transferee admission body is treated as leaving a local government employment when he ceases to be employed in connection with the provision of a service or assets under regulation 4A(2) as a result of which employment he became eligible to join the Scheme.]]

Textual Amendments

Commencement Information

I2Reg. 5 in operation at 1.2.2003, see reg. 1

Joining and leaving the SchemeN.I.

Joining the SchemeN.I.

6.—[F1(1) A person who wishes to become an active member must apply in writing to his employer or future employer.

(2) An eligible person who applies before he begins his employment becomes a member when his employment begins unless he applies to join later.

(3) An eligible employee who applies becomes a member on the first day of the first payment period following the application.

(4) A payment period is a period of service to which the employee’s wages or salary payment relate.

(5) An employee is deemed to have applied to become a member, unless he notified his employer in writing that he did not wish to do so –

(a)before his employment began; or

(b)if he only became eligible to be a member later, before the date he became eligible.

(6) But paragraph (5) does not apply –

(a)to casual employees; or

(b)to former members who opted to leave the Scheme by a notification under regulation 7.

(7) An application for membership may be withdrawn before membership begins.

(8) A former active member may reapply for such membership.

(9) But a person who has given more than one notification under regulation 7 may only reapply again if –

(a)his employer or future employer consents; or

(b)he is beginning a new employment with a new employing authority and he reapplies before he has been employed for three months; or

(c)he is a person about whom information may be given under Article 164(1) of the Pensions (Northern Ireland) Order 1995, as it has effect in the case of the Scheme.]

Textual Amendments

Commencement Information

I3Reg. 6 in operation at 1.2.2003, see reg. 1

Leaving the SchemeN.I.

7.—[F1(1) A person stops being a member if he ceases to be eligible for membership.

(2) A person may leave the Scheme if he wishes but must notify his employer accordingly in writing.

(3) A member who gives such a notification stops being a member from the date the notification specifies.

(4) But, if a date earlier than the notification or no date is specified, he stops being a member at the end of the payment period during which the notification is given.

(5) Where notification is given by a person before he has been a member for three months, he must be treated as not having been a member in that period.]

Textual Amendments

Commencement Information

I4Reg. 7 in operation at 1.2.2003, see reg. 1

CHAPTER IIN.I.COUNTING MEMBERSHIP FOR THE SCHEME

Periods of membership: “total membership”N.I.

8.—[F1(1) The following periods count as periods of membership –

(a)any period for which a member has paid (or is treated as having paid) contributions under regulation 11, 16 or 17 or 88(5);

(b)any period during which a member is away from work because of illness or injury;

(c)any period which a member is entitled to count as membership under –

(i)Chapter II or III of Part III, or

(ii)regulation 125(1) (periods credited on payment of transfer values);

(d)in the case of a member who belonged to the Scheme before the commencement date, any period he is entitled to count under the Transitional Regulations.

(2) For most purposes a member’s “total membership” is the total of the periods he is entitled to count under paragraph (1), disregarding any period which would otherwise count twice (but see [F10regulations 9, 10, 10A, 31 and 34 and the Transitional Regulations]).

(3) A person may not count any period of membership if his contributions for that period have been returned to him and, if all his contributions to the fund are returned to him, he may not count any period of membership credited to him on the receipt of a transfer value.

(4) A person may not count any period of membership if his rights in respect of it have been transferred to a non-local government scheme, a personal pension scheme, a self-employed pension arrangement, a retirement annuity contract or an appropriate policy by payment of a transfer value.

(5) Where a person pays contributions under regulation 17(3) (trade disputes) for any period, that period counts as a period within paragraph (1)(a) even if his contract of employment did not subsist throughout that period.

(6)  Periods of membership before and after any unpaid period of maternity [F11or adoption] absence or period of parental leave in respect of which the member does not pay any contributions shall be treated as continuous.]

Textual Amendments

Commencement Information

I5Reg. 8 in operation at 1.2.2003, see reg. 1

Excluded membershipN.I.

9.—[F12(1) [F1Superannuable membership does not count towards the membership period required before a person is entitled to any benefit.]

(2) [F1Superannuable membership is –

(a)any period of added years; and

(b)any additional period of membership which counts as such by virtue of Chapter II of Part III.]

(3) The Table in Schedule 3 sets out other sorts of membership which do not count for some purposes.

(4) The first column of that Table describes the membership and the second column specifies the purposes for which such membership does not count.

(5) That Table has effect subject to the notes at the end.]

Textual Amendments

Commencement Information

I6Reg. 9 in operation at 1.2.2003, see reg. 1

Length of period of membership: calculation of benefitN.I.

10.—[F1(1) In calculating the amount of any benefit, fractions of years of membership count.

(2) The numerator of such fractions is the number of complete days of membership and 365 is the denominator.

(3) Membership in part-time service is counted as the appropriate fraction of the duration of membership.

[F13(4) The numerator of that fraction is the number of contractual hours during the part-time service and, subject to [F14paragraphs (4A), (4B) and (4C)], its denominator is the number of contractual hours of that employment if it were a whole-time basis.

(4A) In the case of a qualifying member, the denominator is—

(a)for the calculation of any benefits for any period between 1 January 1995 and 30th November 2007, 32.5 hours; and

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

(4B) In the case of a newly qualifying member paragraph (4A) applies as if for “30th November 2007” there was substituted “6th February 2009”.]

[F15(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.]

(5) Paragraph (3) does not apply in determining a member’s total membership for regulation 30(1) (entitlement to ill-health enhancement) (and see regulation 30(6) to (10) as to the determination of the enhanced membership period in such cases).

[F16(6) In this regulation and regulation 19—

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

[F17“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;]

“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;

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

Textual Amendments

F13Reg. 10(4)-(4B) substituted for reg. 10(4) (with effect in accordance with reg. 2(a) of the amending Rule) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/164), regs. 1(1), 4(a) (with reg. 3)

F16Reg. 10(6) inserted (with effect in accordance with reg. 2(a) of the amending Rule) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/164), regs. 1(1), 4(b) (with reg. 3)

Commencement Information

I7Reg. 10 in operation at 1.2.2003, see reg. 1

[F18High earnersN.I.

10A.—[F1(1) This regulation applies to a member who was subject to regulation 15(1) before 6th April 2006 and whose pay (calculated in accordance with regulation 12) in the year ending 5th April 2006 exceeds £105,600.

(2) In such a case, his period of membership for calculating his benefits payable is obtained by aggregating his period of membership after that date with the period obtained by applying the formula set out in paragraph (3).

(3) That formula is—

where—

M is his period of membership after 5th April 1989 and before 6th April 2006 (excluding any membership credited by virtue of a transfer under regulation 124 (inward transfer of pension rights));

P is his pay as mentioned in paragraph (1); and

T is the aggregate of his period of membership before 6th April 1989 and any membership credited by virtue of a transfer under regulation 124.]]

Textual Amendments

CHAPTER IIIN.I.CONTRIBUTIONS

Members' contributionsN.I.

11.—[F1(1) Each member shall make contributions to the Scheme at the standard contribution rate on his pay in each employment in which he is an active member F19....

(2) The standard contribution rate for a member is six per cent., unless he is a member with lower rate rights in accordance with regulation 13(2) or (3).

(3) The standard contribution rate for a member with lower rate rights is five per cent.

(4) A person who is an active member in more than one employment must make contributions for each of those employments.

(5) The Committee may decide the intervals at which the contributions are made.

(6) For this regulation any reduction in pay by reason of the actual or assumed enjoyment by the member of any statutory entitlement during any period away from work shall be disregarded.

(7) [F20Regulations 16 and 17] affect this regulation.]

Textual Amendments

Commencement Information

I8Reg. 11 in operation at 1.2.2003, see reg. 1

Meaning of “pay”N.I.

12.—[F1(1) An employee’s pay is the total of –

(a)all the salary, wages, fees and other payments paid to him for his own use in respect of his employment; and

(b)any other payment or benefit specified in his contract of employment as being a pensionable emolument.

(2) But an employee’s pay does not include –

(a)payments for non-contractual overtime;

(b)any travelling, subsistence or other allowance paid in respect of expenses incurred in relation to the employment;

(c)any payment in consideration of loss of holidays;

(d)any payment in lieu of notice to terminate his contract of employment;

(e)any payment as an inducement not to terminate his employment;

(f)any amount treated as the money value to the employee of the provision of a motor vehicle or any amount paid in lieu of such provision.

(3) For regulation 11, the pay of a part-time employee for any period is the pay he would have received if during that period he had worked the contractual hours.

(4) But paragraph (3) does not apply to periods during which the employee was away from work by reason of illness or injury with reduced or no pay.

F21(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) No sum may be taken into account in calculating pay unless income tax liability has been determined on it.]

Textual Amendments

Commencement Information

I9Reg. 12 in operation at 1.2.2003, see reg. 1

Members with lower rate rightsN.I.

13.—[F1(1) A member has lower rate rights for regulation 11 if he falls within paragraph (2).

(2) A member falls within this paragraph if –

(a)immediately before the commencement date he was entitled to contribute to the Scheme at the rate of five per cent; and

(b)since that date either –

(i)he has remained in continuous employment in the same capacity and a member, or

(ii)he falls within paragraph (3).

(3) A member falls within this paragraph if he is –

(a)a continuously-employed manual worker who immediately before the commencement date was in a local government employment in which he was entitled to contribute to the Scheme at the rate of five per cent. by reason of being a manual worker; or

(b)a statutory transferee who was so entitled immediately before he left the Scheme on statutory transfer and has applied to his employing authority to continue to be so entitled before the expiry of the period of 30 days beginning with the date he rejoins the Scheme or such longer period as that authority may allow.

(4) A continuously-employed manual worker is a person –

(a)who on or after the commencement date has been transferred from the employment he held immediately before that date to another local government employment which is described by his employer as a manual employment; or

(b)who on or after that date has been transferred more than once and all of whose employments since that date have been local government employments which are so described.

(5) A statutory transferee is a person who –

(a)left the Scheme by reason of his employment being transferred by virtue of an enactment to a person who was not a Scheme employer; and

(b)has rejoined the Scheme on a further transfer by virtue of an enactment to a person who is a Scheme employer and for whom he is employed in the same capacity as that in which he was employed immediately before he left the Scheme.

(6) For this regulation whether a person’s employment is continuous must be determined in accordance with Chapter III of Part I of the Employments Rights (Northern Ireland) Order 1996(2) but any period not exceeding one month and one day when he is not employed may be disregarded.]

Textual Amendments

Commencement Information

I10Reg. 13 in operation at 1.2.2003, see reg. 1

Employer’s discretion to reduce member’s contribution rateN.I.

F2214.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Inland Revenue limits on contributionsN.I.

F2315.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Obligatory contributions during absencesN.I.

16.—[F1(1) If a member –

(a)is away from his employment with permission (otherwise than because of illness or injury) for a continuous period of less than 31 days or away on jury service for any period; and

(b)is receiving reduced pay or no pay,

he must make contributions at the standard contribution rate on the pay he would have received during that period but for his absence.

(2) If a person who is a member or has applied to be a member goes on maternity [F24, paternity or adoption] leave, [F25he] must make contributions at the standard contribution rate, as respects any part of [F25his] period of maternity [F24, paternity or adoption] absence for which [F25he] is a member and entitled to receive pay (including any statutory maternity [F24, paternity or adoption] pay payable [F26to him] under the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3), on that pay.

(3) That pay includes any such statutory pay but not any amount by which [F27his] actual pay is reduced on account of [F27his] possible entitlement to such statutory pay.

(4) If a person who is a member or has applied to be a member –

(a)goes on ordinary maternity leave [F28, ordinary adoption leave or paternity leave]; and

(b)is not entitled to receive pay (including statutory maternity [F28, paternity or adoption] pay payable [F29to him] under the Social Security Contributions and Benefits Act (Northern Ireland) 1992) for all or any part of that period of leave,

for these Regulations [F30he] shall be treated as if [F30he] had paid contributions under paragraph (2) for the unpaid period of that ordinary maternity leave [F28, ordinary adoption leave or paternity leave] and on the pay that [F30he] would have received during that period but for [F30his] absence.

(5) If a person who is a member or has applied to be a member goes on reserve forces service leave, he must pay contributions under regulation 11 and any payments under Chapter III of Part III which he was paying immediately before his relevant reserve forces service began, if (and only if) during that service his reserve forces pay equals or exceeds the pay he would have received if he had continued to be employed in his former employment.

(6) Those contributions continue to be payable to the fund at the same rates on that pay.

(7) If he is not obliged to pay contributions under paragraph (5), for these Regulations he is treated as if he had paid them and also any payments under Chapter III of Part III which he would have been liable to pay if he had continued to be employed in his former employment.

(8) If a person who is a member or has applied to be a member goes on reserve forces service leave –

(a)he may continue to pay any contributions under Chapter IV of Part III (AVCs and SCAVCs) which he was paying immediately before his leave began;

(b)he may opt to discontinue payment under that Chapter; and

(c)unless he has opted, the Committee must continue throughout the period of his relevant reserve forces service leave to pay any such contributions which were to be used to provide benefits for him on his death.

(9) If a person who is a member or has applied to be a member goes on reserve forces service leave –

(a)his relevant reserve forces service counts as a period of membership in his former employment; and

(b)if during that service, he dies, attains his normal retirement age or becomes incapable for health reasons of working efficiently in local government employment, he shall be treated as if he were in that employment at that time.]

Textual Amendments

Commencement Information

I11Reg. 16 in operation at 1.2.2003, see reg. 1

Optional contributions during absencesN.I.

17.—[F12[F1(1) If a member –

(a)is away from his employment with permission (otherwise than because of illness or injury) for a continuous period of more than 30 days; and

(b)is receiving reduced or no pay,

he must make contributions under regulation 16 at the standard contribution rate for the first 30 days and may make contributions under that regulation for the remaining period of his absence or, if the total period of his absence exceeds 36 months, for 36 months including the first 30 days, on the pay he would have received but for his absence.

(2) If –

(a)a person who is a member or has applied to be a member is on maternity [F31or adoption] leave, other than ordinary maternity [F31or adoption] leave; and

(b)for the whole or part of the period of [F32his] maternity [F31or adoption] absence (“the unpaid period”) [F32he] is not entitled to receive pay (including any statutory maternity [F31or adoption] pay payable [F33to him] under the Social Security Contributions and Benefits (Northern Ireland) Act 1992) but is a member,

[F32he] may make contributions under regulation 16 at the standard contribution rate as respects the unpaid period, as if [F32his] pay in the employment were equal to the pay [F32he] was entitled to receive immediately before the unpaid period began (including any such statutory pay, but not any amount by which [F32his] actual pay is reduced on account of [F32his] possible entitlement to such statutory pay).

[F34(2A) But in calculating the pay on which the contributions are made, any amount the person receives on account of a day’s work carried out under regulation 12A of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999 or regulation 21A of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 that exceeds any maternity, paternity or parental leave pay due for that day, shall be disregarded.]

(3) If a person –

(a)is away from work without permission for a period of one or more days during and because of a trade dispute (“a trade dispute absence”); and

(b)was a member immediately before that period (or, where two or more periods of absence have occurred because of one such dispute, the first such period),

he may make a contribution under regulation 16 for the relevant contribution period at the rate of 16 per cent on his lost pay for that period.

(4) A person’s lost pay is the difference between –

(a)his actual pay (if any); and

(b)the pay he would have received but for any trade dispute absence,

(disregarding any guarantee payments under Part V of the Employment Rights (Northern Ireland) Order 1996).

(5) A period is a person’s relevant contribution period if –

(a)it is coextensive with one of the intervals at which he was required under regulation 11 to make standard contributions; and

(b)it includes all or part of his trade dispute absence.

(6) To make contributions under this regulation a person must apply to the employing authority in writing before the expiry of the period of 30 days beginning with the day on which he returns to work or such longer period as the Committee may allow.

(7) But if he ceases to be employed by that authority without returning to work, he may apply under paragraph (6) before the expiry of the period of 30 days beginning with the day he so ceases or such longer period as the Committee may allow.

(8) An application under paragraph (6) or (7) may be made by the person’s personal representatives if he has died without having made such an application.

(9) The termination of a person’s contract of employment because of a trade dispute does not prevent this regulation applying to him if he again becomes an employee of the same Scheme employer and a member not later than the day after the dispute ends.]]

Textual Amendments

Commencement Information

I12Reg. 17 in operation at 1.2.2003, see reg. 1

CHAPTER IVN.I.BENEFITS

PreliminaryN.I.

General qualification for benefitsN.I.

18.—[F1(1) Membership of the Scheme only entitles the member to benefits under this Chapter if –

(a)his total membership is at least [F35three months];

(b)a transfer value is credited to him; or

(c)neither paragraph (a) nor (b) applies and he –

(i)has attained state pensionable age; or

(ii)will attain that age before the following 6th April.

(2) But paragraph (1) does not apply –

(a)to a benefit under regulation 26 (normal retirement) in a case where the member’s normal retirement date is his 65th birthday F36...; or

(b)to benefits in respect of a member under regulation 41 (death grants), regulation 42 (surviving spouse’s [F37or civil partner's] short-term pension), regulation 47 (children’s short-term pensions) or regulation 48 (children’s long-term pensions).]

Textual Amendments

Commencement Information

I13Reg. 18 in operation at 1.2.2003, see reg. 1

[F38Limit on total amount of benefitsN.I.

18A.—[F1(1) A member and any dependant of his shall not be entitled, under any provision [F39except as provided in regulation 52(1) (commutation: exceptional ill-health)], to receive benefits the capital value of which exceeds his lifetime allowance, increased where applicable by his primary protection or enhanced protection, except in accordance with guidance issued by the Government Actuary.

(2) In this regulation, “lifetime allowance”, “primary protection” and “enhanced protection” are to be construed in accordance with section 218 of, and Schedule 36 to, the Finance Act 2004.

(3) Any calculation of the capital value of a member’s benefits is to be carried out in accordance guidance issued by the Government Actuary.]

Textual Amendments

Deduction of taxN.I.

18B.  [F1The Committee is responsible for deducting from any payments of benefits under the Scheme any tax to which they may become chargeable under the Finance Act 2004.]]

Textual Amendments

CalculationsN.I.

19.—[F1(1) [F40Subject to paragraphs (10) to (13)] the amount of any benefit payable as a result of a person’s membership is generally calculated by multiplying his final pay by the appropriate multiplier.

(2) Unless another multiplier is indicated, the appropriate multiplier for a pension is –

(3) Unless another multiplier is indicated, the appropriate multiplier for a retirement grant is –

[F41(3A) A member in respect of whom a benefit crystallisation event occurs after 5th April 2006 may elect in writing to the Committee before any benefits become payable to increase the retirement grant payable under paragraph (3) by commuting his pension, or a part thereof, at a rate of £12 for every £1 of annual pension entitlement surrendered [F42but the entitlement to the benefit shall not arise until the date on which the Committee receives the information it requires to calculate the increase].

(3B) But the total amount of the member’s retirement grant, including any sum received—

(a)in accordance with an election under paragraph (3A);

(b)as benefits provided in the form of a lump sum in accordance with regulation 66 (retirement benefits); or

(c)as additional lump sum benefits in accordance with regulation 68 (elections as to use of accumulated AVCs)

shall not exceed 25% of the capital value of his accrued rights.

(3C) For the purposes of this regulation, a member’s accrued rights include rights accrued in respect of any payments made by him or on his behalf in accordance with Chapter IV of Part III (Additional Voluntary Contributions).

(3D) Any calculation of the capital value of a person’s accrued rights shall be carried out in accordance with guidance issued by the Government Actuary.

(3E) In paragraph (3A), “member” includes a deferred member to whom regulation 4 (deferred members and pensioners: general) of the Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002 applies.

(3F) A member may make an election under paragraph (3A) in respect of his pension, or any part thereof, payable by virtue of an election under regulation 68 (elections as to use of accumulated value of AVCs) notwithstanding any provision to the contrary in the former provisions of regulation 68 treated as continuing to have effect under paragraph (8) of that regulation.]

(4) But –

(a)benefits payable to a pension debit member are reduced as provided in regulation 20; and

(b)benefits payable on or after the death of a pensioner member are calculated by multiplying the amount of his former retirement pension by the multiplier specified for the benefit in question.

[F43(4A) Where no benefit crystallisation event has occurred before the day after a member’s 65th birthday in respect of any benefits payable under the Scheme, those benefits shall be increased at such a rate as is shown as appropriate in guidance issued by the Government Actuary.]

(5) Unless otherwise indicated, references to the amounts of pensions are to their annual rate.

(6) The amount of a deceased person’s former retirement pension is the amount of the pension he would have received immediately before his death, but for –

F44(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)regulation 33 (elections for early payment);

F45(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)regulation 52 (commutation in cases of exceptional ill-health);

F46(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)regulation 113 (application of abatement policy in individual cases).

(7) Periods are measured in years and fractions of a year (calculated as specified in regulation 10).

(8) A pensioner member includes a person who would have been entitled to a pension but for regulation 113 (application of abatement policy in individual cases).

(9) But paragraph (8) does not stop a person to whom it applies from also being an active member.

[F47(10) In the case of a qualifying member, the amount of benefit payable in respect of any period between 1st January 1995 and 30th November 2007 is calculated by multiplying his interim pay by the appropriate multiplier.

(11) The appropriate multiplier is where “x” represents the qualifying member’s membership between 1st January 1995 and 30th November 2007 calculated in accordance with regulation 10.

(12) In the case of a qualifying member, the amount of benefit payable for any period between 1st January 1995 and 30th November 2007 is calculated in accordance with paragraph (1) and (2) but as if for the words “the member’s total membership” in paragraph (2) there were substituted “the member’s membership from 30th November 2007”.

(13) In this regulation interim pay means the final pay that would have been for a single comparable employment with a weekly contract of 32.5 hours.

(14) In the case of a newly qualifying member, paragraphs (10) to (13) apply as if for each reference to “30th November 2007” there was substituted “6th February 2009”.]

[F48(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”]]

Textual Amendments

F40Words in reg. 19(1) inserted (with effect in accordance with reg. 2(a) of the amending Rule) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/164), regs. 1(1), 5(a) (with reg. 3)

Commencement Information

I14Reg. 19 in operation at 1.2.2003, see reg. 1

Pension debit memberN.I.

20.—[F1(1) The benefits payable to a pension debit member shall be reduced to take into account the debit to which the shareable rights of the pension debit member are subject under a pension sharing order.

(2) The amount of the reduction shall be calculated in accordance with guidance issued by the Government Actuary.]

Textual Amendments

Commencement Information

I15Reg. 20 in operation at 1.2.2003, see reg. 1

Replacement of rightsN.I.

21.—[F1(1) Subject to paragraph (2), a pension debit member who is an active member may not replace any rights debited as a consequence of a pension sharing order with any rights which the member would not have been able to acquire (in addition to the debited rights) had the pension sharing order not been made(4).

(2) The provisions of paragraph (1) shall not apply in circumstances which the Commissioners of Inland Revenue may stipulate in relation to “moderate earners” in any taxation exception or concession made by them from time to time under paragraph 18(10) and (11) of Schedule 10 to the Finance Act 1999(5), or otherwise.

(3) For the purpose of this regulation, “moderate earners” has the meaning in paragraphs (4) to (6) of regulation 5 of the Retirement Benefits Schemes (Sharing of Pensions on Divorce) Regulations 2000(6).]

Textual Amendments

Commencement Information

I16Reg. 21 in operation at 1.2.2003, see reg. 1

Final payN.I.

22.—[F1(1) A member’s final pay for an employment is his pay for as much of the final pay period as he is entitled to count as active membership in local government employment (but see paragraphs (3) to (11), regulations 23 and 24(2) F49...).

(2) A member’s final pay period is the year ending with the day on which he stops being an active member (but see paragraph (10) and regulations 23 and 24).

[F50(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.]

(4) But in calculating death grant or the rate of surviving spouse’s [F51, civil partner's] or children’s short-term pension payable on the death of an active member, actual pay in part-time employment is to be used, or, in calculating death grant, three eightieths of final pay multiplied by total membership if greater.

(5) Any reduction or suspension of a member’s pay during the final pay period because of his absence from work owing to illness or injury must be disregarded for this Chapter.

(6) If a member’s final pay period includes reserve forces service leave, his final pay is –

(a)in a case where he has paid contributions by virtue of regulation 16(5), the amount it would have been if his reserve forces pay were pay received in his former local government employment; or

(b)otherwise, the amount it would have been if he had continued to be employed in his former employment during the period of that leave.

(7) For the purposes of this Chapter, a member’s pay for any period of maternity [F52, paternity or adoption] absence during the final pay period in respect of which [F53he] pays or is treated as paying contributions is the pay [F53he] would have received had [F53he] not been absent.

(8) If a member is absent from work for any other reason during his final pay period, he is only to be treated for this Chapter as having received the pay he would otherwise have received if he has made the appropriate contributions under Chapter III for the period he is absent.

F54(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) If a member is only entitled to count part of the year specified in paragraph (2) as a period of active membership in relation to the employment which he ceases to hold, his final pay is his pay during that part multiplied by 365 and divided by the number of days in that part.

(11) Final pay does not include any pension in payment.]

Textual Amendments

Commencement Information

I17Reg. 22 in operation at 1.2.2003, see reg. 1

Other final pay periodsN.I.

23.—[F1(1) Where the whole or part of a member’s pay consists of fluctuating emoluments, his final pay period for them is not the period specified in regulation 22(2) but –

(a)the period of three years ending with the last day he was an active member; or

(b)any other period he may with the consent of his employing authority elect, being a period of not less than three nor more than five years –

(i)ending with a day which is that last day or of which that last day is the anniversary, and

(ii)falling within the period of 13 years ending with that last day.

(2) But if he was only entitled to receive fluctuating emoluments during part of the period mentioned in paragraph (1)(a), that part is substituted for the period referred to in that paragraph.

(3) If a member has been absent from work during any part of the year specified in regulation 22(2), his final pay period is the last 365 days he is entitled to count as a period of active membership.

(4) A member to whom paragraph (5) applies may elect that instead of his final pay period being determined under regulation 22(2) or paragraph (1), (2) or (3), it should instead be –

(a)as respects so much of his pay as does not consist of fluctuating emoluments, a year ending with a day –

(i)falling within the period of three years ending with the last day he was an active member, and

(ii)of which that last day is the anniversary; and

(b)as respects so much of his pay as consists of fluctuating emoluments, that period of three years.

(5) This paragraph applies to a member whose pay in the period which he would elect as his final pay period if he made an election under paragraph (4) is higher than his pay in a final pay period determined under regulation 22(2) or paragraph (1), (2) or (3).

(6) Where paragraph (1) or (2) applies or a member elects for the period specified in paragraph (4)(b), as respects so much of his pay as consists of fluctuating emoluments his final pay is the annual average of his fluctuating emoluments during his final pay period.

(7) An election under this regulation by a member must be made by notice in writing given to the Committee before the expiry of the period of one month, or such longer period as the Committee may allow, beginning with the day he is notified of his entitlement to a benefit.

(8) Where a member has died without having made an election under this regulation, the Committee may make an election on his behalf (whether or not the period within which he could have elected has expired).]

Textual Amendments

Commencement Information

I18Reg. 23 in operation at 1.2.2003, see reg. 1

Permanent reductions in pay: certificates of protection of pension benefitsN.I.

24.—[F1(1) Where a certificate has been issued as respects a member’s pay under paragraph (3) or (5) and the date of reduction or, as the case may be, restriction specified in the certificate is not more than 10 years before the date on which he ceases to be an active member, he may elect that his final pay period should be –

(a)a year ending with a day –

(i)falling within the period of five years ending with the last day he was an active member, and

(ii)of which that last day is the anniversary; or

(b)any three consecutive years –

(i)falling within the period of 13 years ending with the last day he was an active member, and

(ii)ending with a day of which that last day is the anniversary.

(2) Where a member elects for the period specified in paragraph (1)(b), his final pay is the annual average of his pay during that period.

(3) If, otherwise than by virtue of a member’s own circumstances –

(a)his rate of pay is reduced; or

(b)the rate at which it may be increased is restricted in such a way that it is likely that the rate of his retirement pension will be adversely affected,

he is entitled to be issued with a certificate to this effect by his employing authority (but see paragraph (5)).

(4) A member is not entitled to be issued with a certificate under this regulation if the reduction in his rate of pay –

(a)is temporary; or

(b)consists in the termination of, or a reduction in, a temporary increase in the rate of pay.

(5) The employing authority may issue a certificate without an application from the member, but need not issue a certificate if he does not apply for one within 12 months after the date of reduction or restriction.

(6) A certificate issued under this regulation must specify the date of the reduction or restriction.

(7) The employing authority must send a copy of the certificate to the Committee.

(8) The employing authority must keep a record of the certificate including such information as would be necessary for applying paragraph (1) for the period of 10 years beginning with the date of reduction or restriction specified in it.

(9) An election under this regulation by a member must be made by notice in writing given to the Committee before the expiry of the period of one month, or such longer period as the Committee may allow, beginning with the date on which he is notified of his entitlement to a benefit.

(10) Where a member has died without having made an election under this regulation, the Committee may make an election on his behalf (whether or not the period within which he could have elected has expired).]

Textual Amendments

Commencement Information

I19Reg. 24 in operation at 1.2.2003, see reg. 1

Revenue restrictionsN.I.

F5525.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Retirement benefitsN.I.

Normal retirementN.I.

26.—[F1(1) If a member who has attained his normal retirement age retires from a local government employment, he is entitled to a pension and retirement grant which are payable immediately.

(2) The normal retirement date of a member is his 65th birthday.

F56(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A member’s normal retirement age is his age on his normal retirement date.]

Textual Amendments

Commencement Information

I20Reg. 26 in operation at 1.2.2003, see reg. 1

[F57Retirement after the normal retirement dateN.I.

[F127.—(1) A member who remains in service after his 65th birthday is entitled to the immediate payment of a pension and retirement grant when he retires from service or, if earlier, on the day before his 75th birthday.

(2) A member is not entitled to count any period of service as a period of membership on or after the day before his 75th birthday and is not an active member after that day.]]

Textual Amendments

Redundancy etc.N.I.

28.—[F1(1) If –

(a)a member who is aged 50 or more retires from a local government employment; and

(b)his employing authority certifies the reason for his retirement was his redundancy,

he is entitled to a pension and retirement grant which are payable immediately.

(2) In paragraph (1) “redundancy” includes retirement in the interests of efficiency, or because the member held a joint appointment which has been ended because the other holder has left it.]

Textual Amendments

Commencement Information

I21Reg. 28 in operation at 1.2.2003, see reg. 1

Ill-healthN.I.

29.—[F1(1) Where a member leaves a local government employment by reason of being permanently incapable of discharging efficiently the duties of that employment or any other comparable employment with his employing authority because of ill-health or infirmity of mind or body, he is entitled to an ill-health pension and grant which are payable immediately.

F58(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph (1), “comparable employment” means employment in which, when compared with the member’s employment –

(a)the contractual provisions as to capacity either are the same or differ only to an extent that is reasonable given the nature of the member’s ill-health or infirmity of mind or body; and

(b)the contractual provisions as to place, remuneration, hours of work, holiday entitlement, sickness or injury entitlement and other material terms do not differ substantially from those of the member’s employment.]

Textual Amendments

Commencement Information

I22Reg. 29 in operation at 1.2.2003, see reg. 1

Amounts of ill-health pension and grantN.I.

30.—[F1(1) Where the member’s total membership is at least 5 years, the multiplier for an ill-health pension or grant is by reference to the member’s enhanced membership period instead of his total membership.

(2) A member’s enhanced membership period is –

(a)if his total membership is less than 10 years, twice his total membership;

(b)if his total membership is at least 10 years, but not more than 13 122/365 years, 20 years; and

(c)otherwise, his total membership plus 6 243/365 years.

(3) But the enhanced membership period must not exceed F59... the total membership the member would have had if he had continued as an active member until he was 65, F60....

[F61(4) Subject to paragraph (5), where a member becomes entitled to a further ill-health pension and grant (because of having been a member in two employments) the multiplier for the further ill-health pension and grant will be the total membership without enhancement.

(5) Paragraph (4) does not apply to a member who becomes entitled to a further ill-health pension and grant as a result of being in concurrent employments which cease simultaneously.]

(6) Where membership includes membership in part-time employment, the enhanced membership period allowed under paragraph (2) must be calculated by first working out what it would be if the employment were all whole-time, and then reducing the resulting period by multiplying it by the appropriate fraction (but see paragraphs (7) and (10)).

(7) The member’s enhanced membership period must not be reduced below that which is calculated by reference to his membership in whole-time employment, disregarding his membership in part-time employment.

(8) The appropriate fraction is the fraction of which the numerator is the member’s total membership and the denominator is the period which would be his total membership if his employment had all been whole-time.

(9) In the case of a member in part-time employment with non-cyclical fluctuating contractual hours, that fraction must be determined by making separate calculations for each period over which averaging of the member’s hours occurs in calculating his contractual hours.

(10) If the member’s total membership includes a period of at least 13 122/365 years in whole-time employment, paragraph (6) does not apply.

F62(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Commencement Information

I23Reg. 30 in operation at 1.2.2003, see reg. 1

[F63Re-employed pensionersN.I.

31.—[F1(1) Where a pensioner member becomes an active member again, his former membership shall be taken into account only for the purpose of calculating whether he has the necessary total membership referred to in—

(a)regulation 18(1)(a) to be entitled to benefits under this Chapter; and

(b)regulation 30(1) to be entitled to calculate his ill-health pension and grant by reference to the enhanced membership period.

(2) Where a member to whom benefits are paid in accordance with regulation 38(1A) continues to accrue membership after the date on which payment of such benefits takes effect (“the payment date”), his membership prior to the payment date shall only be taken into account after the payment date for the purpose of making the calculations referred to in paragraph (1).]]

Textual Amendments

Further provisions about elections under regulation 31N.I.

F6432.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Other early leavers: deferred retirement benefits and elections for early paymentN.I.

33.—[F1(1) If a member leaves a local government employment (or is treated for these Regulations as if he had done so) before he is entitled to the immediate payment of retirement benefits (apart from this regulation), once he is aged 50 or more he may elect to receive payment of them immediately.

(2) An election made by a member aged less than [F6555] is ineffective without the consent of his employing authority or former employing authority (but see paragraph (6)).

(3) If the member elects, he is entitled to a pension and retirement grant payable immediately.

[F66(4) His retirement pension and grant must be reduced by the amounts shown as appropriate in guidance issued by the Government Actuary (but see paragraphs (5) and (6) and regulation 39(5)) (guaranteed minimum pensions).]

(5) A member’s employing authority may determine on compassionate grounds that his retirement pension and grant should not be reduced under paragraph (4).

(6) If a member who has left a local government employment before he is entitled to the immediate payment of retirement benefits (apart from this regulation) becomes permanently incapable as certified in accordance with regulation 98(4) of discharging efficiently the duties of that employment because of ill-health or infirmity of mind or body –

(a)he may elect to receive payment of the retirement benefits immediately, whatever his age; and

(b)paragraphs (2) and (4) do not apply.

[F67(7) If a member does not elect for immediate payment under this regulation, he is entitled to receive a pension and grant without reduction payable from his normal retirement date.]

(8) An election under paragraph (1) must be made by notice in writing to the member’s Scheme employer [F68and an election made under paragraph 6(a) must be made to the Committee.]]

Textual Amendments

F65Word in reg. 33(2) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/128), regs. 1(1), 34

Commencement Information

I24Reg. 33 in operation at 1.2.2003, see reg. 1

Re-employed and rejoining deferred membersN.I.

34.—[F1(1) Where a deferred member becomes an active member again before becoming entitled to the immediate payment of retirement benefits in respect of his former membership, he may elect to have his former membership aggregated with his membership on or after the date he becomes an active member again.

[F69(1A) A member cannot elect to aggregate any period of former membership which he could have elected to aggregate with another period of former membership but did not before the expiry of the period in paragraph (7A).]

F70(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a member elects under paragraph (1) –

(a)he ceases to be entitled to rights under the Scheme in respect of his former membership (except in so far as he is entitled by virtue of having become an active member again to rights in respect of the aggregated total membership); and

(b)he ceases to count as a deferred member for these Regulations as respects his former membership (unless he becomes a deferred member again after ceasing to be an active member).

(4) Where an election under paragraph (1) is made by a member who has ceased to be an active member more than once, the election may be made as respects his total membership at each of the times he so ceased or only as respects such of those periods of membership as are specified in the election.

(5) Where a member who may elect under paragraph (1) does not do so or does not elect as respects all periods of his membership –

(a)in applying regulations 19(2) and (3), 30(2) [F71and 31] as respects any later membership, his total membership excludes unaggregated periods;

[F72(b)for the purpose only of calculating –

(i)whether the member has the necessary total membership referred to in regulation 18(1)(a) to be entitled to benefits under this Chapter and regulation 30(1) to be entitled to calculate his ill-health pension and grant by reference to the enhanced membership period; and

(ii)total membership in regulation 54 (power of employing authority to increase total membership),

the unaggregated periods of membership shall be taken into account, and]

(c)as respects each unaggregated period of his former membership –

(i)paragraph (3) does not apply,

(ii)he shall continue to be treated as a deferred member or, as the case may be, as a pensioner member (and not as an active member), and

(iii)he shall be entitled to the same rights as if he were not also an active member (but subject to regulation 37 and, in the case of a pensioner member, to regulation 31).

(6) For this regulation a period of membership is an unaggregated period if –

(a)no previous election has been made under this regulation for its aggregation; and

(b)in the case of a period as respects which the member was entitled to elect under regulation D12(1)(c) of the 2000 Regulations (elections to remain entitled to preserved benefits) or any previous corresponding provision of the Scheme, such an election was made.

(7) An election under paragraph (1) must be made by notice in writing to the Committee.

[F73(7A) The notice under paragraph (7) must be given before the expiry of the period of 12 months beginning with the date that he became an active member again (or such longer period as the Committee may allow).]

(8) References in this regulation to former membership include all membership which the member was entitled to count as total membership immediately before he ceased his former active membership.

(9) Where a person ceases to be an active member in one employment and immediately becomes an active member in another employment, for paragraph (1) of this regulation he shall be treated as if he were a deferred member as respects the first employment, despite never having ceased to be an active member of the Scheme.

[F74(10) In the case of a member who first becomes a member on or after 2nd April 2001 any period of membership in the employment of a community admission body within –

(a)regulation 4(2)(a)(ii), or

(b)regulation 4(2)(b) where, at the date the admission agreement is made, the contributions paid to the body by any one or more Scheme employers equal in total 50% or less of the total amount it receives from all sources;

shall not be aggregated with any other periods of membership for the purpose of calculating his retirement grant.]]

Textual Amendments

Commencement Information

I25Reg. 34 in operation at 1.2.2003, see reg. 1

Concurrent employmentsN.I.

35.—[F1(1) Where a person –

(a)ceases to be an active member in one employment (“the first employment”); and

(b)continues as an active member in another employment he held concurrently with the first employment,

he may elect to have his former membership in respect of the first employment aggregated with his membership in that other employment.

(2) If he so elects, the provisions of regulation 34 shall apply as if references to –

(a)his former membership or former active membership were references to his membership from his first employment;

(b)the new employment were references to his concurrent employment; and

(c)the employment in which he becomes an active member again were references to that concurrent employment.

(3) In the case of a person to whom this regulation applies, the period of membership which will be aggregated with his membership from the concurrent employment will be equal to his membership from his first employment, as reduced under regulation 10(4) if the first employment was part-time, multiplied by the fraction –

where

  • the rate of pay in each case is the annual rate of pay on the last day of the first employment.]

Textual Amendments

Commencement Information

I26Reg. 35 in operation at 1.2.2003, see reg. 1

Surrenders of pensionN.I.

F7536.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

No double entitlementN.I.

37.—[F1(1) Where (apart from this regulation) any member would be entitled to a pension or retirement grant under two or more regulations by reason of the same period of membership –

(a)he may elect under which provision he is to be paid those benefits;

and

(b)if he does not elect, the employing authority may notify him in writing of the provision.

(2) An election by a member must be by notice in writing, given to the employing authority before the expiry of the period of three months beginning with the day on which he becomes entitled to elect.

(3) Paragraph (1) does not affect the member’s rights under the Pension Schemes (Northern Ireland) Act 1993(7).]

Textual Amendments

Commencement Information

I27Reg. 37 in operation at 1.2.2003, see reg. 1

Requirements as to time of paymentN.I.

38.—[F1(1) Retirement benefits under this Chapter may not be paid to a person before he has retired from the employment in which he was a member.

[F76(1A) But where, after 5th April 2006, a member who has attained the age of 50, with his employer’s consent, reduces the hours he works, or the grade in which he is employed, he may elect in writing to the Committee and such benefits may, with his employer’s consent, be paid to him notwithstanding that he has not retired from that employment.

(1B) If the payment of benefits referred to in paragraph (1A) takes effect before the member’s 65 birthday, the benefits payable are reduced in accordance with guidance issued by the Government Actuary.

(1C) But the employer may choose to waive, in whole or in part, any such reduction.

(1D) Where the employer so chooses, it shall pay to the fund the cost incurred as a result of such waiver as calculated by the fund’s actuary.

(1E) Any benefits paid following an election under paragraph (1A) are not subject to abatement under regulation 113 (application of abatement policy in individual cases) in respect of any subsequent employment with the person who is his employer at the date of his election.]

[F77(2) In any event, retirement benefits under this Chapter must begin to be paid not later than the day before the member’s 75th birthday even if he has not retired (and see regulation 39(3)).]]

Textual Amendments

Commencement Information

I28Reg. 38 in operation at 1.2.2003, see reg. 1

Guaranteed minimum pensions etc.N.I.

39.—[F1(1) Where a member’s local government employment is contracted-out employment and he has a guaranteed minimum in relation to service before 6th April 1997, from the date he attains state pensionable age he is entitled to a pension at a weekly rate equal to not less than that guaranteed minimum.

(2) But if the member attains state pensionable age while in local government employment, he is not so entitled until he leaves that employment, unless paragraph (3) applies.

(3) If the member –

(a)continues in the same employment for a further period of five years after attaining state pensionable age; and

(b)does not then leave it,

he is entitled from the end of that period to so much of his retirement pension as equals that guaranteed minimum (unless he consents to a postponement of the entitlement).

(4) For paragraph (1), a person has a guaranteed minimum if he has such a minimum under section 10 of the Pension Schemes (Northern Ireland) Act 1993 in relation to benefits under these Regulations.

(5) A person’s retirement pension is not to be reduced under regulation 33(4) to less than the aggregate of –

(a)any minimum rate of equivalent pension benefits applicable under the Insurance Act; and

(b)one eightieth of his final pay (expressed as an annual rate), multiplied by the length in years of the whole period of his membership in contracted-out employment during the period beginning with the relevant date and ending with 30th April 1995.

(6) In paragraph (5) “the relevant date” means –

(a)in the case of a man, 17th May 1990; and

(b)in the case of a woman, 6th April 1978.

F78(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) This regulation overrides any provision in these Regulations to the extent to which it conflicts with it, except –

(a)regulation 51 (commutation);

(b)regulation 113 (application of abatement policy in individual cases);

(c)regulation 114 (forfeiture); and

(d)regulation 115 (interim payments directions).]

Textual Amendments

Commencement Information

I29Reg. 39 in operation at 1.2.2003, see reg. 1

Revaluation of guaranteed minimumN.I.

40.—[F1(1) Where the guaranteed minimum of a person who has ceased to be an active member is appropriately secured, his earnings factors for the purposes of section 10(2) of the Pension Schemes (Northern Ireland) Act 1993 must be determined –

(a)by reference to the last order under Article 23 of the Social Security Pensions (Northern Ireland) Order 1975(8) or section 130 of the Social Security Administration (Northern Ireland) Act 1992(9) (revaluation orders) to come into force before the end of the tax year in which he ceased to be an active member; and

(b)without reference to the last such order to come into force before the end of the final relevant year.

(2) For such a person the weekly equivalent mentioned in section 10(2) of the Pension Schemes (Northern Ireland) Act 1993 is to be increased –

(a)by at least the prescribed percentage for each relevant year after the end of the tax year in which he ceased to be an active member, and

(b)in accordance with such additional requirements as may be prescribed for the purposes of section 12(3) of the Pension Schemes (Northern Ireland) Act 1993.

(3) In this regulation –

  • “appropriately secured” has the meaning given in section 15(3) of the Pension Schemes (Northern Ireland) Act 1993;

  • “final relevant year” has the meaning given in section 12(5) of that Act;

  • “relevant year” has the meaning given in section 10(8) of that Act; and

  • “prescribed percentage” has the meaning given in regulation 62 of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996(10).]

Textual Amendments

Commencement Information

I30Reg. 40 in operation at 1.2.2003, see reg. 1

Death grantsN.I.

Death grantsN.I.

41.—[F12[F1(1) If a member dies [F79before his 75th birthday], the Committee at its absolute discretion may make payments to or for the benefit of the member’s nominee or personal representatives or any person appearing to the Committee to have been his relative or dependant at any time.

(2) The aggregate amount paid under paragraph (1) must not exceed the member’s death grant.

(3) The multiplier for an active member’s death grant is 2.

(4) The multiplier for a deferred member’s death grant is the same as for his retirement grant.

(5) The multiplier for a pensioner member’s death grant is 5, but the amount so calculated is reduced by the amounts of any retirement pension paid to him.

(6) The multiplier for the death grant of a member who remains in service after his 65th birthday as referred to in regulation 27 is whichever of –

(a)2, or

(b)

  • gives the greater amount.

F80(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) For these Regulations, any payments made under paragraph (1) must be treated as payments made by way of death grant.]]

Textual Amendments

Commencement Information

I31Reg. 41 in operation at 1.2.2003, see reg. 1

[F81Surviving spouses' or civil partner’s pensions]N.I.

Textual Amendments

F81Reg. 42(1)-(3) and cross-heading substituted (with effect in accordance with reg. 1(3) of the amending Rule) by Local Government Pension Scheme (Civil Partnership) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/6), regs. 1(2), 3(5)

[F82Surviving spouse’s or civil partner’s short term pensionN.I.

42.—[F1(1) If an active or pensioner member dies leaving a surviving spouse or civil partner, the spouse or civil partner is entitled to a short-term pension.

(2) It is payable for three months after the member’s death.

(3) But if there are eligible children in the spouse’s or civil partner’s care, it is payable for a further three months.]

(4) Where the deceased was an active member, the annual rate of short-term pension is equal to the deceased’s final pay.

(5) Where the deceased was a pensioner member, the annual rate of short-term pension is equal to his retirement pension immediately before the death (but see regulation 44).

(6) In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 52 (exceptional ill-health).

(7) If there is more than one surviving spouse, they become jointly entitled under paragraph (1).]

Textual Amendments

F82Reg. 42(1)-(3) and cross-heading substituted (with effect in accordance with reg. 1(3) of the amending Rule) by Local Government Pension Scheme (Civil Partnership) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/6), regs. 1(2), 3(5)

Commencement Information

I32Reg. 42 in operation at 1.2.2003, see reg. 1

[F83Surviving spouse’s or civil partner’s long-term pensionN.I.

43.—[F1(1) If a member dies leaving a surviving spouse or civil partner, the spouse or civil partner is entitled to a spouse’s or civil partner’s long-term pension.]

(2) If the deceased was an active or pensioner member, the long-term pension is payable from the end of the period for which the short-term pension is payable.

(3) The long-term pension payable on a deferred member’s death is payable from the death.

(4) If the deceased was an active member with a total membership of at least [F84three months], the long-term pension is equal to half the ill-health pension to which the deceased would have been entitled under regulation 29 if he had become entitled to a pension under that regulation on the date he died.

(5) If the deceased was an active member with a total membership of less than [F84three months] or a deferred member, the multiplier for the long-term pension is –

(but see regulation 44).

(6) But where the deceased was a deferred member and a pension debit member, the long-term pension is equal to half the pension to which the deceased would have been entitled under regulation 26 if he had become entitled to a pension under that regulation on the date that he died (but see regulation 44).

(7) If the deceased was a pensioner member, the long-term pension is equal to half his retirement pension immediately before the date of death [F85or half his pension before any commutation under regulation 19(3A), whichever is greater] (but see regulation 44).

(8) For the purposes of this regulation –

(a)any increase in the pensioner member’s retirement pension made under regulation 57(2);

(b)any reduction in that pension under regulation 33 F86...; and

(c)any loss of that pension as a result of an election made under regulation 31,

shall be disregarded.

(9) If there is more than one surviving spouse, they become jointly entitled under paragraph (1).]

Textual Amendments

Commencement Information

I33Reg. 43 in operation at 1.2.2003, see reg. 1

Reduction of some surviving spouses' pensionsN.I.

44.—[F12[F1(1) Where a male pensioner member or deferred member marries and dies, the pension to which his widow is entitled under regulation 42 or 43 is calculated as if his retirement pension were only so much of his actual pension as is attributable to the period of his membership in contracted-out employment after 5th April 1978.

(2) Except in the case of a short term pension payable to the widower of an active member, the pension to which a widower is entitled under regulation 42 or 43 is calculated as if the member’s retirement pension were only so much of her actual pension as is attributable to her membership after 5th April 1988.

(3) But relevant additional membership also counts as membership after 5th April 1988, where the widower was married to the member at some time while she was in local government employment after 31st March 1972.

(4) Relevant additional membership is membership –

(a)forming the enhanced element of a member’s total period of membership by virtue of a retirement to which regulation 30 applied after 5th April 1988;

(b)added by virtue of a resolution under Chapter II of Part III or regulation 130 or under the Transitional Regulations after that date;

(c)counted by reason of a payment made under Chapter III of Part III F87...;

(d)treated as membership after 5th April 1988 by virtue of the 2000 Regulations; or

(e)attributable to a transfer value accepted by the Scheme after 5th April 1988.]]

Textual Amendments

Commencement Information

I34Reg. 44 in operation at 1.2.2003, see reg. 1

[F88Calculation of pension for surviving civil partnerN.I.

44A.  [F12[F1For the purpose of calculating the pension to which a surviving civil partner is entitled under regulation 42 or 43 (surviving spouse’s or civil partner’s short-term or long-term pension) account shall only be taken of the deceased member’s membership after 5th April 1988. This shall include relevant additional membership (as defined in regulation 44(4)).]]]

Textual Amendments

[F89Surviving spouse’s or civil partner’s guaranteed minimum pensionN.I.

45.—[F1(1) If the guaranteed minimum pension rule applies, the pension to which a person is entitled under regulation 42 or 43 must be not less than the surviving spouse’s or civil partner’s guaranteed minimum.]

(2) The guaranteed minimum pension rule applies if –

(a)the employment in which the deceased was a member was contracted-out employment; and

(b)he had a guaranteed minimum in relation to benefits under these Regulations.

(3) Paragraph (1) overrides any contrary provision in these Regulations except–

(a)regulation 51 (commutation of small pensions);

(b)regulation 114 (forfeiture); and

(c)regulation 115 (interim payments directions).]

Textual Amendments

Commencement Information

I35Reg. 45 in operation at 1.2.2003, see reg. 1

Children’s pensionsN.I.

Meaning of “eligible child”N.I.

[F9046.—[F12[F1(1) Subject to paragraph (3), the child of a deceased member is an eligible child if he is wholly or mainly dependent on the member, and is less than 18 years of age, at the date of the member’s death.

(2) But a child who is born on or after the first anniversary of the date of the member’s death is not an eligible child.

(3) A dependent child who has reached the age of 18 but has not reached the age of 23 and is in full-time education or undertaking vocational training at the date of the member’s death is an eligible child.

(4) The Committee may treat a dependent child as an eligible child after he reaches the age of 18 and until he reaches the age of 23 if he commences full-time education or vocational training after the date of the member’s death.

(5) In the case of a dependent child falling within paragraph (4), the Committee may—

(a)treat education or training as continuous despite a break; or

(b)suspend payment of any entitlement to benefits under regulations 47, 48 and 49 during a break in education or vocational training.

(6) The Committee may treat a dependent child who is disabled within the meaning of the Disability Discrimination Act 1995 as an eligible child.]]]

Textual Amendments

Children’s short-term pensionsN.I.

47.—[F1(1) If an active member or pensioner member dies leaving one or more eligible children, they are entitled to a children’s short-term pension.

(2) If a short-term pension is payable to a surviving spouse [F91or civil partner] under regulation 42, the children’s short-term pension is payable only for three months after the death.

(3) Otherwise, it is payable for six months after the death.

(4) Where the deceased was an active member, the annual rate of children’s short-term pension is equal to the deceased’s final pay.

(5) Where the deceased was a pensioner member, the annual rate of children’s short-term pension is equal to his retirement pension immediately before the death.

(6) But in the case of a pensioner member who was a pension debit member, the pension is calculated by reference to the retirement pension to which the deceased would have been entitled had his shareable rights not been subject to a pension debit.

(7) If a short-term pension is payable to a surviving spouse [F92or civil partner] under regulation 42, the children’s short-term pension is reduced by that pension, if one or more of the children are in the care of the surviving spouse [F92or civil partner].

(8) Where, if a children’s long-term pension and a surviving spouse’s [F93or civil partner's] long-term pension were payable instead of short-term pensions, that would result in a greater aggregate pension, long-term pensions shall be payable instead of short-term pensions.

(9) Where –

(a)a children’s short-term pension is payable for one or more children who are not in the care of a person to whom a short-term pension is payable (or would be payable apart from paragraph (8)); and

(b)a children’s long-term pension would be greater,

the long-term pension shall be payable instead of the short-term pension.

(10) In this regulation “pensioner member” includes a person whose retirement pension has been commuted under regulation 52 (exceptional ill-health).]

Textual Amendments

Commencement Information

I36Reg. 47 in operation at 1.2.2003, see reg. 1

Children’s long-term pensionsN.I.

48.—[F1(1) If a member dies leaving one or more eligible children, they are entitled to a children’s long-term pension.

(2) If the deceased was an active member or pensioner member, it is payable from the end of the period for which the short-term spouse’s [F94or civil partner's] and short-term children’s pensions are payable.

(3) The pension payable on the death of a deferred member is payable from the day after his death.

(4) An eligible child ceases to be entitled to a long-term pension when he ceases to be a child within regulation 46(2).

(5) If the deceased was an active member, the pension is the appropriate fraction of the pension to which he would have been entitled if on the date of death he had become entitled under regulation 29(1) (ill-health).

(6) If the deceased was a deferred member, the pension is the appropriate fraction of the amount of the pension to which he would have been entitled if on the date of death he had become entitled under regulation 26 (normal retirement).

(7) If the deceased was a pensioner member, the pension is the appropriate fraction of his retirement pension disregarding –

(a)any increase made under regulation 57(2),

[F95(b)any reduction made under regulation 19(3A) or regulation 33, and]

(c)any loss of pension as a result of an election made under regulation 31.

(8) But in the case of a member who was a pension debit member, the pension is calculated by reference to the pension to which the deceased would have been entitled had his shareable rights not been subject to a pension debit.

(9) If, apart from this paragraph, the calculation of the long-term pension would be based on a member’s retirement pension calculated on the basis of membership of less than –

(a)10 years; or

(b)the period he would have been entitled to count if his active membership had continued until his 65th birthday,

(whichever is the shorter), then that period should be used instead in calculating it.

(10) The appropriate fractions are –

(a)where there is one eligible child –

(i)if a surviving spouse’s [F96or civil partner's] long-term pension is payable, one quarter,

(ii)otherwise one-third;

(b)where there is more than one eligible child –

(i)if a surviving spouse’s [F97or civil partner's] long-term pension is payable, one half,

(ii)otherwise two-thirds.

(11) If a child in full-time training for a trade, profession or vocation is receiving pay at an annual rate exceeding the training rate –

(a)the pension is reduced by the excess; but

(b)if the pension would be greater without the child, he need not be counted.

(12) In paragraph (11) “the training rate” means the current annual rate of an official pension which began to be paid on 1st April 1994 at an annual rate of £1,450.]

Textual Amendments

Commencement Information

I37Reg. 48 in operation at 1.2.2003, see reg. 1

Discretions as to payment of children’s pensionsN.I.

49.—[F1(1) If a children’s pension is payable for more than one eligible child, the Committee may apportion it amongst the children as it thinks fit.

(2) The Committee may pay the whole or part of a children’s pension to a person other than an eligible child, to be applied for the benefit of one or more eligible children as it directs.]

Textual Amendments

Commencement Information

I38Reg. 49 in operation at 1.2.2003, see reg. 1

Dependants of re-employed pensionersN.I.

F9850.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CommutationN.I.

[F99Commutation: small pensionsN.I.

51.—[F1[F100(1) A lump sum which is a trivial commutation lump sum within the meaning of section 166 of the Finance Act 2004 or a trivial commutation lump sum death benefit within the meaning of section 168 of that Act may be paid in accordance with the rules relating to the payment of such benefits under that Act.]

(2) No payment may be made under paragraph (1) if the pension includes a guaranteed minimum unless the member to whom it is paid has reached state pensionable age or any pension in respect of the guaranteed minimum is otherwise payable.

[F101(3) The payment of a lump sum for that pension discharges the Committee from its liability for the pension or any other benefit payable under the Scheme in respect of the member.]

(4) The capital value of a pension must be calculated in accordance with guidance issued by the Government Actuary.

(5) The Committee must deduct from any payment under this regulation any tax for which it may become liable under Part 9 of the Income Tax (Earnings and Pensions) Act 2003.]]

Textual Amendments

Commutation: exceptional ill-healthN.I.

52.—[F1(1) If, when a retirement pension first becomes payable to a member, the Committee is satisfied that his life expectancy is less than one year, it may pay him a lump sum equal to five times the amount [F102of his annual rate of retirement pension, notwithstanding that such lump sum may exceed his lifetime allowance].

[F103(1A) The Committee cannot be satisfied as mentioned in paragraph (1) unless they have first obtained a certificate from a fully registered person within the meaning of the Medical Act 1983 to the effect that the member’s life expectancy is less than one year.]

(2) Such a payment discharges the Committee’s liability for that pension F104... and for any lump sum death grant calculated by reference to that pension F104... under the Scheme.

(3) The Committee must deduct from any such payment any tax for which it may become liable under [F105Part 9 of the Income Tax (Earnings and Pensions) Act 2003].]

Textual Amendments

Commencement Information

I39Reg. 52 in operation at 1.2.2003, see reg. 1

(1)

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

(4)

See section 590(3) (bb) of the Income and Corporation Taxes Act 1988 (1988 c. 1) inserted by paragraph 2(3) of Schedule 10 to the Finance Act 1999 (1999 c. 16).

(8)

S.I. 1975/1503 (N.I. 15) Article 23 was repealed by the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

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