Statutory Rules of Northern Ireland 1998 No. 337
Local Government (Superannuation) (Interchange) Regulations (Northern Ireland) 1998
- continued

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Transfers from Additional Voluntary Contributions Provisions and Schemes
     18. Schedule 6 to the principal Regulations is amended by inserting after paragraph 9 the following paragraph - 

Calculations of transfer values
    
19. Schedule 16 to the principal Regulations is amended by substituting for Parts I, II, III and IV the following Part - 



Calculation of reckonable service to be credited under regulation J9(1)(a)
     20. The principal Regulations are amended by substituting for Schedule 17 the following Schedule - 



Transitional provisions
    
21. Regulations 11 to 16 and 19 and 20 shall have effect subject to regulations 22 and 23.

    
22.  - (1) Regulations 11 to 16 and 19 and 20 shall not have effect - 

    (2) Where - 

the amount of the transfer value shall be the total of

A and the greater of B and C,
where - 
    A is a notional transfer value, calculated in accordance with Part J of the principal Regulations (as amended by these regulations), in respect of the person's reckonable service after 5th April 1988,

    B is a notional transfer value, calculated on the same basis, in respect of his reckonable service before 6th April 1988, and

    C is a notional transfer value, calculated as if Schedule 14 of the 1981 regulations as in force on 5th April 1988, had continued in force, in respect of his reckonable service before 6th April 1988.

     23.  - (1) This regulation applies where - 

    (2) Where this regulation applies - 

Application to benefits in respect of former employment
    
24.  - (1) Except as provided by paragraph (2), no provision of these regulations shall apply to any person to whom at any time before 16th November 1998 any benefit (including a return of contributions and any pension payable to a widow or widower or any dependant by virtue of a surrender) was being paid or became or might become payable if - 

    (2) If such an election as is mentioned in paragraph (1) above is made in relation to a benefit which was being paid or became or might become payable in respect of a person who is employed in a local government employment, or if that person subsequently recommences service in such an employment, then - 

and the provision in question shall apply accordingly.



Part III

Pensionable Employment

Pensionable employees
    
25. Regulation B1 of the principal Regulations is amended by deleting paragraph (3).

    
26. Schedule 2 to the principal Regulations is amended - 

    (a) by deleting Part II;

    (b) in Part III, by deleting sub-paragraphs (4) and (5) of paragraph 1.

Right of appeal
    
27. The provisions of Part N of the principal Regulations (determination of questions and appeals) shall apply in relation to rights and liabilities arising by virtue of these regulations as they apply in relation to other rights and liabilities under the principal Regulations.



Sealed with the Official Seal of the Department of the Environment on

L.S.


R. Warburton
Assistant Secretary

28th September 1998.



EXPLANATORY NOTE

(This note is not part of the regulations.)


These regulations amend the Local Government (Superannuation) Regulations (Northern Ireland) 1992 ("the principal Regulations") to take account of the provisions relating to transfer values contained in Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993. Regulations 11 to 17 and 19 to 20 amend Part J of, and Schedules 1, 16 and 17 to, the principal Regulations and revise the provisions regarding - 

    (a) the payment of transfer values to occupational pension schemes, self-employed pension arrangements and insurance companies representing the cash equivalent of the accrued rights being transferred; and

    (b) the amount of reckonable service to be credited upon receipt of a transfer value calculated in a manner consistent with the methods and assumptions made in determining the transfer value.

Regulations 3 and 18 make provision regarding receipt of transfer values from additional voluntary contributions provisions and schemes.

Regulations 4 to 10 amend Parts C and E of the principal Regulations to ensure that any reckonable service as a result of the receipt of a transfer value from a personal pension scheme or self-employed arrangement is taken into account for benefit purposes.

Regulations 21 to 23 contain transitional provisions.

Regulations 25 and 26, which have effect as from 1st October 1989, enable manual workers to become pensionable employees without first completing 12 months' service.

Article 14 of The Superannuation (Northern Ireland) Order 1972 confers express powers to make regulations retrospective in effect. These regulations are mostly retrospective but they confer a right for a person, who in certain circumstances could be adversely affected, to opt out (regulation 24).

The appeals provisions of the principal Regulations are applied by regulation 27.


Notes:

[10] The definition of "state scheme premium" was revoked by paragraph 66 of Schedule 3 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))back

[11] 1971 c. 35back

[12] S.I. 1974/1267 (N.I. 2)back

[13] S.R. 1985 No. 358 as revoked by the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 619) with effect from 6th April 1997back

[14] S.I. 1996/1919 (N.I. 16)back

[15] 1993 c. 49; Section 90 was amended by Article 150 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and modified by Part VI of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 619)back



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