Statutory Rules of Northern Ireland

"the 2002 provisions" means the 2002 Regulations, these Regulations and the Investment Regulations;

(a) by virtue of regulation B11 of the 2000 Regulations (leaving the Scheme); or

(b) by virtue of leaving local government employment on that date and becoming a pensioner member on the commencement date,

and these Regulations shall apply to any such person as if he had already so ceased immediately before the commencement date.

    (3) If any person has notified his employer under regulation B11(2) of the 2000 Regulations before the commencement date that he wishes to cease to be an active member, but would not (apart from this paragraph) have ceased to be an active member immediately before the commencement date-

(a) paragraph (1) shall not apply to him;

(b) he shall cease to be such a member on the day before the commencement date; and

(c) these Regulations shall apply to him as if he had already so ceased immediately before the commencement date.

(a) was entitled to count a period of membership before 1st April 1972; and

(b) had not, being eligible to do so, made a relevant election; or

(c) having made such an election ceased to make payments under it,

for regulation 6 that period of membership or, as the case may be, the unpaid part of it must be reduced to 89 per cent. of its length.

    (2) Paragraph (1) only applies to a female member if she duly elected under regulation E12(1)(b) or (2)(b) of the 1992 Regulations (election by wife of dependent and permanently incapacitated husband).

    (3) A relevant election is an election wholly or partly in respect of membership before 1st April 1972, made or having effect as if made under regulation C13 of the 2000 Regulations or made under regulation C9 of the 1992 Regulations (payments to avoid reduction of retirement grant and death grant).

    (4) Where a member to whom paragraph (1) would have applied if he had been married immediately before the commencement date marries on or after that date while he is an active member and before he becomes entitled to benefits under the Scheme, paragraph (1) shall apply to him as if he had been married immediately before that date.

    (5) Despite anything in these Regulations, a relevant election under which payments were being made immediately before the commencement date shall continue to have effect on and after that date to the extent that it relates to a period of membership before 1st April 1972 (subject to the continuation of payments under it at the same rate as they were made before the commencement date) whether or not immediately before the commencement date the election also related to a later period.

    (6) But if a member to whom paragraph (1) would have applied apart from his continuing to make payments under a relevant election until the commencement date ("a continuing member"), fails after that date to complete the payments due under that election in respect of membership before 1st April 1972 (otherwise than by virtue of his death or his becoming entitled to a retirement pension under regulation 29 of the 2002 Regulations), paragraph (1) shall apply to him as if he had so ceased before the commencement date.

    (7) If a continuing member-

(a) completes the payments due under the election in respect that membership; or

(b) fails to complete them by virtue of his death or his becoming entitled to a retirement pension under regulation 29 of the 2002 Regulations,

(a) in relation to a member who is entitled to count membership by virtue of regulation 6 or 7; or

(b) in relation to a member to whom paragraph 6(6) of Schedule 2 applies as respects a period of membership,

the relevant authority must determine whether his rights under the Scheme in respect of that membership are at least equal in value to the rights to which he was entitled immediately before the commencement date ("his 2000 rights").

    (2) If the relevant authority determines that a member's 2000 rights were of a greater value than his rights under the Scheme in respect of the membership mentioned in paragraph (1), it must resolve to increase the member's total membership for the 2002 Regulations by an additional period so that his rights under the Scheme in respect of the membership mentioned in paragraph (1) are at least equal in value to his 2000 rights.

    (3) But if that additional period would exceed the period which would be the maximum addition under Schedule 4 to the 2002 Regulations if the resolution were made under regulation 55 of those Regulations-

(a) it must be reduced to the amount of the maximum addition; and

(b) the relevant authority must resolve that the appropriate multiplier for one or both of the purposes mentioned in regulation 19(2) and (3) of those Regulations (calculations of pensions and retirement grants) must be increased accordingly so that (taking the effects of the reduced additional period and the increase in any such multiplier together) his rights under the Scheme in respect of the membership mentioned in paragraph (1) are at least equal in value to his 2000 rights.

    (4) Before-

(a) making a determination under paragraph (1); or

(b) determining the additional period under paragraph (2) or the increase in any appropriate multiplier under paragraph (3)(b),

the relevant authority must consider the advice of an actuary if it considers it appropriate.

    (5) Where the relevant authority has passed a resolution under paragraph (2), the additional period counts as part of the member's total period of membership for regulation 8(1)(d) of the 2002 Regulations.

    (6) The relevant authority must give notice of the making of such a resolution to the member before the expiry of the period of six months beginning with the relevant date.

    (7) The relevant authority is-

(a) in the case of a member who is an active member when the relevant event occurs, his employing authority; and

(b) otherwise, the Committee.

    (8) A relevant event occurs in relation to a member if-

(a) who became employed by a Community institution after having been employed in local government employment;

(b) in respect of whom the scheme managers of the Communities' scheme were paid a transfer value under Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993 or Part K of the 2000 Regulations or any corresponding earlier provisions; and

(c) in respect of whom the Committee has been repaid for the credit of the fund an amount which in accordance with that guidance may be treated as equivalent to that transfer value.

    (3) The rights to which any person is entitled by virtue of guidance under this regulation must not be less valuable than those to which he would have been entitled if regulation K13 of the 2000 Regulations still applied to him.

J. Ritchie
A senior officer of the Department of the Environment

"active deferred member" means any person who was a deferred member and an active member immediately before the commencement date and continues as an active member on that date by virtue of regulation 3;

"active pensioner" means a person who was a pensioner member and an active member immediately before the commencement date and continues as an active member on that date by virtue of regulation 3;

"rejoining pensioner" means a person who was a pensioner member but not an active member immediately before the commencement date, and becomes an active member again on or after that date (otherwise than in an employment which is a new employment to which paragraph 3(1) applies);

"rejoining deferred member" means any person who-

(a) immediately before the commencement date was a deferred member (or would have been apart from being a pensioner member) but was not an active member; and

(b) becomes an active member again on or after that date.

Active and rejoining pensioners: general
     2. Despite regulation 3-

(a) the saved provisions shall continue to apply; and

(b) Part II (except regulations 51 and 52) and Parts III and V of the 2002 Regulations shall not apply,

in relation to an active pensioner or a rejoining pensioner in his capacity as a pensioner member as respects his membership before the commencement date, except where the following provisions of this Schedule provide otherwise.

Re-employment and abatement
     3.  - (1) Where immediately before the commencement date Part I of Schedule D5 to the 2000 Regulations (reduction of retirement pensions) applies to any person by virtue of one or more new employments with employing authorities which continue on that date-

(a) that Part of that Schedule shall cease to apply to him if after that date there is a period of more than one month during which he is not employed by any of those employing authorities; and

(b) if after such a period the member enters employment with any employing authority, regulations 112 and 113 of the 2002 Regulations (abatement) shall apply instead as respects that employment.

    (2) Regulations 112 and 113 of the 2002 Regulations shall apply instead of Part I of Schedule D5 to the 2000 Regulations to a rejoining pensioner and a rejoining deferred member.

Combined benefits
     4.  - (1) An active deferred member, an active pensioner or a former active pensioner may not make an election under Part II of Schedule D5 to the 2000 Regulations on or after the commencement date, but he may make an election under regulation 31(1) of the 2002 Regulations.

    (2) A rejoining pensioner or a rejoining deferred member or a former such person may not make an election under Part II of Schedule D5 to the 2000 Regulations on or after the date on which he becomes an active member again, but he may make an election under regulation 31(1) of the 2002 Regulations.

    (3) Where an election has been made under Part II of Schedule D5 to the 2000 Regulations on or after the commencement date by a person who later becomes unable to make such an election by virtue of sub-paragraph (2)-

(a) that election shall continue to have effect; and

(b) that Part of that Schedule shall continue to apply,

unless he makes an election under regulation 31(1) of the 2002 Regulations affecting the pension in question.

    (4) If he does so, regulation 31(1) to (8) of the 2002 Regulations shall apply and the saved provisions shall cease to apply to him as respects the pension in question.

Separate benefits and dependants' benefits
     5.  - (1) This paragraph applies where an active pensioner, a rejoining pensioner, an active deferred member or a rejoining deferred member or a former such person does not make an election under regulation 31(1) of the 2002 Regulations.

    (2) Regulation 31(9) of those Regulations shall apply in relation to him instead of paragraph 16 of Schedule D5 to the 2000 Regulations.

    (3) When he dies, regulation 50 of the 2002 Regulations (dependants of re-employed pensioners) shall apply instead of Part IV of Schedule D5 to the 2000 Regulations.

    (4) But, if he made an election under paragraph 9(1) of Schedule D5 to the 2000 Regulations which continues in effect until his death, regulation 50 of the 2002 Regulations shall apply as if the single pension to which he became entitled by virtue of that election was an unreduced retirement pension within regulation 50(1) of those Regulations.

    (5) This sub-paragraph applies if when he dies, by virtue of regulation 50 of the 2002 Regulations, all the benefits payable on his death (except short-term pensions payable under the old provisions or the 2002 Regulations) are calculated on the assumption that he has made an election under regulation 31(1) of the 2002 Regulations.

Members with preserved rights
     6.  - (1) Where immediately before the commencement date there is an election in force in respect of a member's benefits under regulation D12(1)(c) of the 2000 Regulations (elections to remain entitled to preserved benefits under regulation D11(1) of those Regulations), for these Regulations he shall be treated as a deferred member (and not as an active member) as respects his rights to preserved benefits and the membership in question (but see the following provisions of this paragraph).

    (2) Sub-paragraph (1) is without prejudice to regulation 34(5) of the 2002 Regulations and applies despite the fact that the member-

(a) continues as an active member by virtue of regulation 3; or

(b) becomes an active member again on or after the commencement date (whether immediately before he does so he is a deferred member or a pensioner member).

    (3) Sub-paragraph (1) ceases to apply to a person falling within sub-paragraph (2)(b) as respects any part of his former membership which he elects under regulation 34(1) of the 2002 Regulations to aggregate with later membership.

    (4) Sub-paragraph (1) also ceases to apply if any person falling within that sub-paragraph makes an election under regulation 31(1) of the 2002 Regulations.

    (5) Where sub-paragraph (4) applies, the member shall cease to be entitled to count under the saved provisions any period of membership to which he is entitled under the old provisions but as respects which he elected under regulation D12(1)(c) of the 2000 Regulations to remain entitled to preserved benefits.

    (6) He shall instead be entitled to count that period as a period of membership for the purposes of regulation 8(1)(d) of the 2002 Regulations.

    (7) But regulations 8 to 10 shall apply as to the adjustment of the length of that period as if it had been a period which he was entitled to count by virtue of regulation 6.

Elections for aggregation: members rejoining the day before the commencement date
     7. Where on the day before the commencement date a member was eligible to make an election under regulation D12(1)(c) of the 2000 Regulations by reason of having re-entered local government employment in the period of three months ending at that time, but had not done so-

(a) he may make an election under regulation 34(1) of the 2002 Regulations at any time whilst he remains an active member in that employment; but

(b) if he does not make such an election before he ceases to be such a member in that employment, he shall be treated for the purposes of these Regulations as if he had made an election under regulation D12(1)(c) of the 2000 Regulations on the day before the commencement date as respects all the membership as to which he could have made that election.

Limitations on benefits
     8.  - (1) Where an active pensioner, a rejoining pensioner, an active deferred member or a rejoining deferred member has not made an election under regulation 31(1) of the 2002 Regulations-

(a) Part III of Schedule C4 to the 2000 Regulations (limitations on benefits) shall continue to apply as respects the benefits derived from his membership before the commencement date; and

(b) Schedule 4 to the 2002 Regulations shall only apply as respects his membership after that date.

    (2) Sub-paragraph (1) ceases to apply to an active deferred member or a rejoining deferred member as respects any part of his former membership which he elects under regulation 34(1) of the 2002 Regulations to aggregate with later membership; and accordingly Schedule 4 to the 2002 Regulations shall apply as respects all benefits payable to or in respect of him in relation to the membership aggregated.

Continuity of elections by certain rejoining deferred members
     9.  - (1) This sub-paragraph applies where a rejoining deferred member-

(a) becomes an active member again-


(i) before the expiry of the period of 12 months beginning with the date he ceased to be an active member, and

(ii) before becoming entitled to the immediate payment of benefits under the 2000 Regulations;



(b) immediately before ceasing to be an active member was making payments under an election made under regulation C9 or C13 of the 2000 Regulations; and

(c) elects under regulation 34(1) of the 2002 Regulations.

    (2) Where sub-paragraph (1) applies the member may pay his employing authority in the employment in which he is an active member an amount equal to the amount which would have been payable if he had continued to be an active member and to make those payments.

    (3) That amount must be paid before the expiry of the period of three months beginning with the date he becomes an active member again.

    (4) If he pays his employing authority that amount-

(a) that payment shall be treated as having been made under regulation 57 of the 2002 Regulations; and

(b) that election shall be treated as having been made under that regulation as respects so much of the period of membership as he may not count by virtue of regulation 7 (and accordingly the amount of his additional contributions shall be determined under regulation 57 of the 2002 Regulations).

    (5) Sub-paragraph (1) does not apply if the member-

(a) has received a return of contributions which includes additional contributions under regulation C9 of the 2000 Regulations made under the election mentioned in sub-paragraph (1)(b); or

(b) has requested such a return of contributions.

    " (3) Periods of membership before and after any unpaid period of maternity absence or period of parental leave in respect of which the member does not pay any contributions shall be treated as continuous.".

     3. For regulation C6 there shall be substituted the following-

     " C6.  - (1) If a person who is a member or has applied to be a member goes on maternity leave, she must make contributions at the standard contribution rate, as respects any part of her period of maternity absence for which she is a member and entitled to receive pay (including any statutory maternity pay payable to her under the Social Security Contributions and Benefits (Northern Ireland) Act 1992), on that pay.

    (2) That pay includes any such statutory pay but not any amount by which her actual pay is reduced on account of her possible entitlement to such statutory pay.

    (3) If a person who is a member or has applied to be a member-


(a) goes on ordinary maternity leave; and

(b) is not entitled to receive pay (including statutory maternity pay payable to her under the Social Security Contributions and Benefits Act (Northern Ireland) 1992) for all or any part of that period of leave,



for these Regulations she shall be treated as if she had paid contributions under paragraph (1) for the unpaid period of that ordinary maternity leave and on the pay that she would have received during that period but for her absence.

    (4) If-



(a) a person who is a member or has applied to be a member is on maternity leave, other than ordinary maternity leave; and

(b) for the whole or part of the period of her maternity absence ("the unpaid period") she is not entitled to receive pay (including any statutory maternity pay payable to her under the Social Security Contributions and Benefits (Northern Ireland) Act 1992) but is a member,



she may elect to make contributions at the standard contribution rate as respects the unpaid period, as if her pay in the employment were equal to the pay she was entitled to receive immediately before the unpaid period begun (including any such statutory pay, but not any amount by which her actual pay is reduced on account of her possible entitlement to such statutory pay).

    (5) An election under paragraph (4) shall be made by notice in writing to the employing authority given before the expiry date of the period of 30 days beginning with the earlier of-



(a) the day on which the member returns to duty; and

(b) the day on which she ceases to be employed by that employing authority.".

     4. In Schedule A1-

(a) after the definition "Officer" insert-

(a) in the definition of "admitted employee" for "regulation B6(15)" substitute "regulation 4(15)"; and

(b) in the definition of "the principal Regulations" for "the Local Government Pension Scheme Regulations (Northern Ireland) 2000" substitute "the Local Government Pension Scheme Regulations (Northern Ireland) 2002".

(a) "the former provisions" means any provisions which by virtue of these Regulations cease to apply to any person at any time; and

(b) references to the revocation of any provision shall be taken to include its ceasing to apply to any person or in any situation (and related expressions shall be construed accordingly).

     2.  - (1) The substitution of the 2002 provisions for the former provisions does not affect the continuity of the law.

    (2) Anything done or having effect as if done under or for the purposes of any of the former provisions has effect, if it could have been done under or for the purposes of the corresponding provision of the 2002 provisions, as if done also under or for the purposes of that corresponding provision.

    (3) Any reference, whether express or implied, in the 2002 provisions or any other instrument or document to a provision of the 2002 provisions shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the former provisions has effect, a reference to that corresponding provision.

    (4) Any reference, whether express or implied, in any provision of the former provisions or in any other instrument or document to a provision of the former provisions shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the 2002 provisions.

    (5) Any document made, served or issued after the 2002 provisions come into operation in relation to any person which contains a reference to any of the former provisions shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the 2002 provisions.

    (6) Where any provision of the former provisions ("the re-enacting provision") re-enacted, with or without modification, a previous provision revoked by the 2000 Regulations or any other former provision, then, so far as is necessary to prevent the continuity of the law from being affected, any reference in the 2002 provisions or in any other instrument or document to the re-enacting provision shall, so far as the context permits, be construed as including a reference to that previous provision.

    (7) Where by virtue of paragraph 2(6) of Schedule M2 to the 2000 Regulations any reference to such a previous provision includes a reference to any earlier provision, sub-paragraph (6) applies so as to include a reference to that earlier provision too.

     3.  - (1) Where-

(a) any provision continues to have effect in relation to any person by virtue of these Regulations; and

(b) on the day before the commencement date it has effect in relation to him subject to any saving, transitional provision or modification,

nothing in these Regulations affects the operation of that saving, transitional provision or modification.

    (2) The revocation by these Regulations of any provision previously revoked subject to savings does not affect the continued operation of those savings, in so far as they remain capable of having effect.

     4.  - (1) If any person to whom a relevant benefit is or may become payable would, apart from this paragraph, be placed in a worse position in relation to that benefit than that he would have been in had these Regulations not been made and makes an election under this paragraph, these Regulations shall have effect, in relation to him and to that benefit, as if they had provided for his position to continue without amendment (but see sub-paragraph (4)).

    (2) An election under sub-paragraph (1) must be made by notice in writing given to the Committee before the expiry of the period of six months beginning with the commencement date.

    (3) In this paragraph-

"relevant benefit" means a benefit payable to, or in respect of, a person who before the commencement date-

(a) left an employment in which he was an active member (whether or not he has subsequently become an active member again); or

(b) died while in such employment; and

"benefit" includes a return of contributions and any pension payable to a widow, widower or any dependant by virtue of a surrender.

    (4) If an election under sub-paragraph (1) is made in relation to a benefit in respect of a person who is an active member, or subsequently becomes an active member again-

(a) the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue-


(i) of periods of membership before he left the employment referred to in sub-paragraph (a) of the definition of "relevant benefit" (or, if he left such an employment more than once, the last time he left before the commencement date); or

(ii) of contributions paid in respect of such periods of membership; and



(b) in determining entitlement to, or the amount of, the benefit to that extent, he shall be treated as if he had never become an active member again at any time after he so left (but without prejudice to the application of this paragraph);

and these Regulations shall have effect accordingly.