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PART 6 MINOR TECHNICAL AMENDMENTS

Further restrictions on eligibility

62.  For regulation 5(4) (further restrictions on eligibility) there shall be substituted—

“(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(10)) 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.”.

First instance decisions

63.  For regulation 98(6)(b) (first instance decisions) there shall be substituted—

“(b) “qualified in occupational health medicine” means—

(i) holding a diploma in occupational medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA State; and for the purposes of this definition, “competent authority” has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualification) Order 2003(11); or

(ii) being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine(12) or an equivalent institution of an EEA State.”.

Interpretation

64.  In Schedule 1 (interpretation) at the definition of “Scheme managers” in paragraph (a) after the word “fire” there shall be inserted “and rescue”.

Regulation 58

SCHEDULE Transitional Provisions and Savings

1.  Where a member —

(a) elects to receive the immediate payment of retirement benefits under regulation 33(1) (other early leavers: deferred retirement benefits and elections for early payment) of the principal Regulations; and

(b) satisfies the 85 year rule;

that part of his retirement pension and grant which is calculated by reference to any period of membership before the relevant date shall not be reduced in accordance with regulation 33(4) of the principal Regulations (as amended by regulation 50).

2.  For the purposes of paragraph 1, the relevant date, for a member who was a member before 1st October 2006 is —

(a) in the case of a member who will be aged 60 or more on 31st March 2016, the earlier of—

(i) 31st March 2016; and

(ii) the date on the day after the day on which the member leaves local government employment; or

(b) in any other case, 1st April 2008.

3.  For the purposes of this Schedule, a member satisfies the 85 year rule if the sum of —

(a) his age in whole years on the date his local government service ends or the date he elects under regulation 33(1) of the principal Regulations if later;

(b) his total membership in whole years;

(c) in a case where he elects after his local government employment ends, the period beginning with the end of that employment and ending with the date he elects; and

(d) in the case of a person who was a member before 1st February 2003, any qualifying period counted by virtue of regulation 127 (rights as to service not matched by credited period) which was awarded before 1st April 2008,

is 85 years or more.

4.  Where a member who may elect under regulation 34(1) (re-employed and rejoining deferred members) of the principal Regulations does not do so or does not so elect as respects all periods of his membership, in applying paragraph 2 as respects any later membership, his total membership excludes unaggregated periods.

5.—(1) This paragraph applies to a member who was an active member before 1st October 2006 who—

(a) before 1st October 2006 elected to make additional contributions to the Scheme to increase his total membership under regulation 57(1) (payments to increase total membership) of the principal Regulations; and

(b) was assumed to retire from a local government employment on a date before his 65th birthday (“the assumed date”) for the purposes of calculating his additional contributions under regulation 57(5) of the principal Regulations.

(2) Where a member to whom this paragraph applies —

(a) continues paying the additional contributions until the assumed date; and

(b) retires on or after the assumed date,

he shall not pay any additional contributions after that date and the whole of the additional period may be counted as part of his total membership.

(3) An additional period counted as a period of total membership as a result of this paragraph shall be treated as a period of membership before 1st April 2008.

6.—(1) This paragraph applies to a member who retires, having reached the age of 60, between 1st April 2016 and 31st March 2020, and who would (but for the provisions of paragraphs 1 and 2) have satisfied the 85 year rule before the latter date.

(2) That part of his retirement pension and grant which is calculated by reference to any period of membership after 31st March 2008 shall be reduced in accordance with guidance issued by the Government Actuary.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make a number of amendments to the Local Government Pension Scheme (“the Scheme”) constituted by the Local Government Pension Scheme Regulations, as amended (“the principal Regulations”).

Article 14 of the Superannuation (Northern Ireland) Order 1972 confers express powers to make regulations retrospective in effect. These Regulations are retrospective, however, no one will be adversely affected by the retrospection.

Part 2 makes a number of amendments to the principal Regulations to address changes in the tax regime consequent on the Finance Act 2004.

Part 3 deals with what has become known as the “85 year rule”. This term refers to the current provisions of the Scheme, which allow members to retire and take their pension entitlements without actuarial reduction if the sum of their age and their length of service equals 85 years or more. Members over 60 can do so as of right; members over 50 but under 60 require their employer’s consent. Part 3 makes a number of technical amendments to the principal Regulations to remove the 85 year rule.

Part 4 and the Schedule make amendments in relation to transitional provisions and savings.

Part 5 inserts the following new provisions—

(a) Regulation 73A requires the Northern Ireland Local Government Officers’ Superannuation Committee (“the Committee”) to prepare, maintain and publish a governance policy statement as to whether they delegate their function or part of their function in relation to maintaining the pension fund to a committee, sub-committee or an officer; and

(b) Regulation 106B requires the Committee to prepare, maintain and publish a statement concerning their policy on communicating with members, members’ representatives, prospective members and employing authorities.

Part 6 makes the following minor technical amendments—

(a) Regulation 5 of the principal Regulations is amended to update references made by the Fire and Rescue Services (NI) Order 2006; and

(b) Regulation 98 of the principal Regulations is amended to update the definition of “qualified in occupational health medicine” to reflect changes to European legislation.