Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005 © Crown Copyright 2005 Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Rule which is published by the Government Printer for Northern Ireland has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005, ISBN 0337960291. The print version may be purchased by clicking here. Braille copies of this Statutory Rule can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Department of the Environment, in exercise of the powers conferred by Articles 9 and 14 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972[1] and now vested in it[2] and of every other power enabling it in that behalf and after consultation with the Northern Ireland Local Government Association, the Northern Ireland Local Government Officers' Superannuation Committee and such representatives of other persons likely to be affected by the Regulations as appeared to it to be appropriate, hereby makes the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005. (2) These Regulations shall come into operation on 1st June 2005. (3) In these Regulations, "the principal Regulations" means the Local Government Pension Scheme Regulations (Northern Ireland) 2002[3]. Amendment of principal Regulations 2. The principal Regulations shall be amended in accordance with regulations 3 to 27. General eligibility for membership: employees of Scheme employers etc. 3. In regulation 3(1), after "regulation 4" there shall be inserted ", regulation 4A"[4]. Periods of membership: "total membership" 4. In regulation 8(2), after "regulations 9, 10" there shall be inserted ", 31". General qualification for benefits 5. In regulation 18 -
(b) in paragraph (2)(a), there shall be deleted "or under regulation 29(2) (ill-health grants)".
Calculations
(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.".
Re-employed pensioners
(ii) regulation 30(1) to be entitled to calculate his ill-health pension and grant by reference to the enhanced membership period; and
(b) total membership in regulation 54 (power of employing authority to increase total membership).".
Other early leavers: deferred retirement benefits and elections for early payment
(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"; and
(c) after paragraph (7), there shall be inserted -
Guaranteed minimum pensions etc.
(b) in paragraph (1), for "a member who leaves his employment on or after his 50th birthday" there shall be substituted "an active member"; (c) for paragraph (2) there shall be substituted -
(b) the period by which the member's total membership falls short of 40 years; or (c) the period by which the member's total membership falls short of the total membership the member will have if he continues as an active member until he is 65,
whichever is the shortest.";
Elections as to use of accumulated value of AVCs
76A. - (1) The Committee shall, after consultation with such persons as it considers appropriate, prepare, maintain and publish a written statement setting out its funding strategy. (2) In preparing and maintaining the statement the Committee shall have regard to -
(b) the statement of investment principles published by the Committee under regulation 10 of the Local Government Pension Scheme (Management and Investment of Funds) Regulations (Northern Ireland) 2000[5].
(3) The first such statement shall be published on or before 31st March 2006.
(b) material change to the statement of investment principles under regulation 10(4) of the Local Government Pension Scheme (Management and Investment of Funds) Regulations (Northern Ireland) 2000.".
Actuarial valuations and certificates
Employer's further payments
(b) for "(but, in the case of resolutions" to the end of the paragraph there shall be substituted "(but, in the case of a resolution under regulation 54, only so far as not paid under paragraph (1)).".
Interest
(b) in paragraph (3), there shall be deleted "(with interest due under paragraph (1), if applicable)".
Exclusion of rights to return of contributions
108A. - (1) The Committee shall issue an annual benefit statement to each of its active, deferred and pension credit members. (2) The first such statement[s] must be issued on or before 1st April 2006 and subsequent statements must be issued on or before each 1st April thereafter. (3) An annual benefit statement shall contain an illustration of the amount of benefit entitlement, in respect of the rights that may arise under the Scheme, which -
(b) in the case of an active member, is capable of being accrued by the member if he remains in the Scheme until his normal retirement date.
(4) The illustration shall be calculated -
(b) in the case of deferred members, on the member's final pay; and (c) in the case of pension credit members, in accordance with regulation 139, as if the "normal benefit age" is the relevant date.
(5) The relevant date -
(b) such later date as the Committee may choose.".
Interpretation
Revenue restrictions
(b) in paragraph 8(1), there shall be deleted "55 or"; and (c) in paragraph 8(3), there shall be omitted sub-paragraph (a).
Revocations
(b) regulation 22(9) (final pay); (c) regulation 29(2) and (3) (ill-health); (d) regulation 30(11) (amounts of ill-health pension and grant); (e) regulation 32 (further provisions about elections under regulation 31); (f) regulation 50 (dependants of re-employed pensioners); (g) regulation 54(3), (4) and (5) (power of employing authority to increase total membership of members leaving employment at or after 50); (h) regulation 55 (power of employing authority to increase total membership of new members); (i) regulation 80(2) (employers further payments); (j) regulation 88(2) (rights to return of contributions);
are hereby revoked.
(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.
(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.
(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.
(b) that relevant beneficiary so elects by notice in writing given to the Committee within the period of six months beginning with the date on which these Regulations come into operation,
then the principal Regulations shall have effect in relation to him as if those amendments had never been made.
(b) dies while in such employment,
before the date on which these Regulations come into operation.
(This note is not part of the Regulations) 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 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;
A number of minor amendments have been made (regulations 9, 21, 22(a) and (b) ) to the conditions for early payment of preserved benefits on the grounds of ill-health. Notes: [1] S.I. 1972/1073 (N.I. 10)back [2] S.R. & O. (N.I.) 1973 No. 504 Article 7(1); S.I. 1976/424 (N.I. 6)back [4] Regulation 4A was inserted by S.R. 2005 No. 206back [5] S.R. 2000 No. 178, regulation 10 was amended by S.R. 2003 No. 433back
ISBN 0 337 96029 1
|
|
Other Statutory Rules of Northern Ireland | UK Statutory Instruments | Home | Her Majesty's Stationery Office | ||
| We welcome your comments on this site | © Crown copyright 2005 | Prepared 3 June 2005 |