| 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
(2) Where such a notice is given the transfer value shall be accepted and so used by the Committee and paragraphs 3, 4, 5(3) and (4), 8 and 9 shall apply in relation to the transfer value as they apply to additional contributions except that for references to a notice under paragraph 1(1) or 2(c) there shall be substituted a reference to the notice under sub-paragraph (1).".
Calculations of transfer values 1. In this Schedule -
2.
Subject to the provisions of this Part of the Schedule, a transfer value to be paid in accordance with the provisions of regulation J2, J3(1) or J14 in respect of a person shall be an amount equal to -
(b) where the transfer value is, without reasonable cause or excuse, not paid within 6 months of the material date and it is not paid to a club scheme -
(ii) the amount by which the transfer value falls short of what it would have been if the material date had been the date on which the transfer value was paid.
3.
Where, prior to the last date on which the Committee is required to pay a transfer value under these regulations, the employing authority has directed under regulation M1 or any corresponding provision of earlier legislation that all or any of the benefits payable under these regulations shall be forfeited, any transfer value payable in respect of that person shall be reduced in proportion to the reduction in the total value of the benefits or shall be withheld as the case may be.
(ii) to a superannuation scheme which is contracted-out within the meaning of that section and the person is not entitled to benefits under regulation E2(1)(c), or (iii) to a personal pension scheme which is not an appropriate personal scheme, or (iv) to a self-employed pension arrangement; and
(b) the trustees or managers of the superannuation scheme, personal pension scheme or self-employed pension arrangement are able and willing to have transferred to it only the liability for a member's accrued rights other than his and his surviving spouse's rights to guaranteed minimum pensions; and
then his transfer value shall be reduced by the amount of a state scheme premium sufficient to meet the liability in respect of that person's and his surviving spouse's guaranteed minimum pensions.
(b) that person has subsequently ceased to be employed in local government employment before attaining pensionable age or, where regulation J2(2)(c)(ii) applies, at least one year before he would have attained pensionable age,
a right to a transfer value in respect of any part of his accrued rights to which, but for the operation of sub-paragraph (1), he would have been entitled on ceasing to be a pensionable employee, shall accrue to the person on the date on which his local government employment ceased and shall be valued accordingly.
(b) the definition of "material date" in paragraph 1 shall have effect as if the words "or to be a pensionable employee, as described in regulation J2(1)" were deleted.
(5) For the purposes of this paragraph, where a person ceases to be employed in local government employment but that person enters again into local government employment, then, if there is between those two employments -
(b) an interval of any length if the second of the employments results from the exercise of a right to return to work under Article 111 of the Employment Rights (Northern Ireland) Order 1996[14] (right to return to work following pregnancy or confinement),
they shall be treated as a single employment unless the employee elected under regulation E2(8)(c).
(b) any transfer values paid to the Committee under Part J in respect of that person, and under regulation 69 of the 1981 regulations,
(insofar as those contributions or transfer values relate to the accrued rights in respect of which the transfer value is paid) less any state scheme premium paid or payable.
Calculation of reckonable service to be credited under regulation J9(1)(a) 1. Where a transfer value has been paid to, and accepted by, the Committee there shall be credited to the person in respect of whom the payment was made a period of reckonable service calculated in accordance with paragraph 2. 2. For the purposes of paragraph 1 -
(ii) represents all the rights relating to the person in that scheme, (iii) has been calculated in a manner consistent with the methods adopted and assumptions made by the Committee in determining the amount of transfer values to be paid to club schemes, and (iv) is paid following an application made to the Committee within 12 months of the person becoming a pensionable employee,
the period of reckonable service to be credited to the person shall be equal to the period of service which if used to calculate a transfer value to be paid to a club scheme would produce an amount equal to the transfer value received by the Committee and, in making the calculation regard shall be had to the person's age, rate of pensionable remuneration, pensionable age, marital status and, in addition, to any other factor notified to the Committee by the trustees or managers of the scheme making the payment as having been taken into account in determining its amount;
3.
In this Schedule "the appropriate date" means the date on which the person in respect of whom the transfer value is paid became a pensionable employee or, if the transfer value is received more than 12 months after that date, the date on which it is received.".
Transitional provisions
(ii) any person to whom regulation C15(11) of the principal Regulations applies and who has not received a return of contributions,
and whose local government employment ceased before 1st January 1986 (or who ceased to be subject to the principal Regulations before that date), so as to allow him to exercise an option under regulation J2 of the principal Regulations which would not have been available to him had these regulations not been made; or
(ii) payments of transfer values made by such schemes to the Committee, in respect of which an application was received by the scheme before that date,
unless both the Committee and the trustees or managers of the scheme agree otherwise.
(2) Where -
(b) the reckonable service to which it relates includes reckonable service which the person was entitled to reckon as reckonable service before 6th April 1988,
the amount of the transfer value shall be the total of
23.
- (1) This regulation applies where -
(b) a transfer value ("the first transfer value") was paid in respect of him by the Committee to the trustees or managers of a club scheme; and (c) he again becomes a pensionable employee before 6th April 1993; and (d) he has, between his ceasing the former employment and his again becoming a pensionable employee, participated in the club scheme referred to in sub-paragraph (b), and has at no time during that period been employed otherwise than in an employment in which he was entitled to participate in that scheme; and (e) within 12 months of again becoming a pensionable employee, he applies for a transfer value to be paid by the trustees or managers of the club scheme to the Committee in accordance with the rules of that scheme; and (f) the trustees or managers of the club scheme pay to the Committee for credit of the fund -
(ii) a transfer value, calculated in accordance with Part J of the principal Regulations (as amended by these regulations) in respect of the person's service while he was a member of the club scheme ("the second transfer value").
(2) Where this regulation applies -
(b) regulation J9 (as amended by these regulations) shall apply in respect of the second transfer value.
Application to benefits in respect of former employment
(b) that provision applies in relation to a benefit paid or payable in respect of a person who -
(ii) died before that date while still in such an employment; and
(c) the first-mentioned person, by notice in writing given to the Committee within 3 months after 16th November 1998, elects that that provision shall not apply in relation to that benefit.
(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 -
(ii) by virtue of contributions paid in respect of any such periods of service; and
(b) in determining entitlement to, or the amount of, the benefit to that extent, he shall (without prejudice to the application of this paragraph) be treated as if he had never recommenced service in such employment at any time after the cessation referred to in sub-paragraph (a);
and the provision in question shall apply accordingly. Pensionable employees 25. Regulation B1 of the principal Regulations is amended by deleting paragraph (3). 26. Schedule 2 to the principal Regulations is amended -
(b) in Part III, by deleting sub-paragraphs (4) and (5) of paragraph 1.
Right of appeal
(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 -
(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. 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 [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
ISBN 0 337 93246 8
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