http://www.legislation.gov.uk/id/nisr/2005/274

http://www.legislation.gov.uk/nisr/2005/274/regulation/28/made

Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005

Local government

Illnesses

Occupational pensions

Local government committees

Pensions

Government Printer for Northern Ireland

2022-07-05

LOCAL GOVERNMENT

These Regulations make various amendments to the Local Government Pension Scheme Regulations (Northern Ireland) 2002 (the “principal Regulations”) to have effect from 1st June 2005. The main changes are as follows –regulation 5 amends regulation 18 of the principal Regulations to reduce the total membership required to become entitled to benefits from two years to three months;regulation 7 amends regulation 30 of the principal Regulations to provide that where a member becomes entitled to a second ill-health pension and grant (unless by virtue of being in concurrent employments which cease simultaneously), the multiplier for that pension and grant will be his total membership without enhancement;regulation 8 removes provisions in regulation 31 of the principal Regulations relating to re-employed pensioners' entitlement to elect for a single new pension and provides for when periods of former membership may be taken into account when calculating the total membership of a re-employed pensioner;regulation 10 amends regulation 34 of the principal Regulations so as to provide that where a deferred member becomes an active member again and wants to elect to have his former membership aggregated with his current membership, he must give notice of his election within 12 months of the date he became an active member again or such longer period as his employer may allow and makes provision for when the unaggregated periods of membership should be taken into account;regulation 12 amends regulation 43 of the principal Regulations to alter, from two years to three months, the amount of total membership required to determine the applicable calculation for surviving spouses long-term pension;regulation 13 amends regulation 54 of the principal Regulations to provide that employing authorities may increase an active member’s total membership;regulations 15 and 16 make provision for the Northern Ireland Local Government Officers' Superannuation Committee (NILGOSC) to prepare, maintain and publish a written funding strategy statement, which must be taken into account by the actuary in specifying the common rate of employer’s contribution;regulations 20 and 21 amend regulations 88 and 89 of the principal Regulations so that members with less than three months' membership may be entitled to a refund of contributions if they cease to be employed by a Scheme employer;regulation 24 inserts provisions for the issue of benefit statements:regulation 25 amends Schedule 1 of the principal Regulations to clarify the definition of “permanently incapable”;regulation 27 revokes a number of provisions of the principal Regulations consequential to the above. It also revokes certain other provisions of the principal Regulations as follows:regulation 12 of the principal Regulations is amended to delete provisions for Scheme employers and employee representatives to agree a method of determining employees' pay;regulation 29 of the principal Regulations is amended to provide that a member with over three months' total membership will be entitled to an ill-health pension and grant;regulation 50 of the principal Regulations is revoked and removes calculations in relation to re-employed pensioners;regulation 28 makes transitional provisions and regulation 27 allows certain persons who would be placed in a worse position by amendments made by these Regulations to elect for the amendments not to apply in their case.

Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005

Regulations

Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009

Sch. 1

Transitional provisions28

1

Nothing in paragraphs (a) and (b) of regulation 27 will affect the amount of pay or final pay determined in accordance with an agreement made under regulation 12(5) of the principal Regulations prior to these Regulations coming into operation.

2

This paragraph applies to a member who is an active member on the date these Regulations came into operation and who on that date –

a

has less than two years' total membership, and

b

does not have a transfer value credited to him.

3

Subject to paragraph (4), nothing in these Regulations shall prevent a member to whom paragraph (2) applies from opting to receive a return of contributions (with interest calculated to the date he ceased to be employed) in accordance with regulation 88 of the principal Regulations.

4

A member to whom paragraph (2) applies is not entitled to receive a return of contributions if –

a

he is for the time being entitled to be paid, or has been paid, a benefit under Chapter IV of Part II of the principal Regulations; or

b

he is for the time being entitled to be paid, or has been paid, a benefit under regulation 29(2) of the principal Regulations (ill-health grant),

and a member is not entitled to interest if he would not have been entitled under regulation 88(2) of the principal Regulations.

5

This paragraph applies to a member, who was a re-employed pensioner member on the date these Regulations came into operation, where the member –

a

has written to the Committee within six months of that date to elect that the amendments in these Regulations in relation to regulations 31, 32 and 50 of the principal Regulations do not apply to him; and

b

has remained in the same employment, unless subject to a transfer, from the date these Regulations came into force operation until he retired or died.

6

Nothing in these Regulations shall prevent a member to whom paragraph (5) applies from electing for a single pension in accordance with regulations 31 and 32 of the principal Regulations.

7

Nothing in these Regulations shall affect the calculation of benefits under regulation 50 of the principal Regulations in respect of a member to whom paragraph (5) applies.

8

In relation to deferred members who have become active members again prior to these Regulations coming into operation (but have not yet made an election under regulation 34 of the principal Regulations), regulation 34(7A) of the principal Regulations (as inserted by regulation 9 of these Regulations) shall have effect as if “the date he became an active member again” reads “1st June 2005.”.

9

So far as it is necessary to give effect to the entitlements in this regulation and to make provision for any matters incidental to them, the principal Regulations shall be treated as if they had continued in effect without the amendments made by these Regulations.