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The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2020

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend 3 Statutory Rules which provide the regulatory framework for the Local Government Pension Scheme (Northern Ireland) (LGPS (NI)).

These Regulations amend—

(a)The Local Government Pension Scheme Regulations (Northern Ireland) 2014 (“the Principal Regulations”);

(b)The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (“the Transitional Regulations”); and

(c)The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2019 (“the Amendment Regulations”).

Regulation 2 introduces amendments to the Principal Regulations.

Regulation 3 amends regulations 52(4)(a), 54(3)(a), 54(4)(a), 55(3)(a) and 55(4)(a) (survivor benefits: partners and children of pensioner members) of the Principal Regulations to ensure that the calculation of survivor benefits for partners and children of pensioner members include any ill-health enhancement under regulations 39(1)(a) or 39(2)(a) (tier 1 or tier 2 ill-health benefits).

Regulation 4 amends regulation 57 (limit on total amount of benefits payable) of the Principal Regulations to correct references which apply in respect of lifetime allowance statements.

Regulation 5 introduces amendments to the Transitional Regulations.

Regulation 6(a) amends paragraph 1(1) of Schedule 3 (the 85 year rule: transitional provisions and savings) to omit the word “former” from sub-paragraph (aa). This means that this substituted sub-paragraph applies to a former employing authority, an employing authority and the Committee as the case may be by virtue of paragraph 1(5) of Schedule 3 (“the 85 year rule”) to the Transitional Regulations.

Regulation 6(b) amends paragraph 1(1)(c) of Schedule 3 (the 85 year rule: transitional provisions and savings) to omit the changes introduced by regulation 92(c) which made an erroneous amendment to paragraph 1(1)(c) of Schedule 3 to the Transitional Regulations. Its omission by these Regulations corrects that error.

Regulation 7 revokes regulations 71 and 72. Regulations 3 and 4 of these Regulations are identical to regulations 71 and 72 of the Amendment Regulations. They are restated at regulations 3 and 4 to correct the date the amendments come into operation. Under these Regulations these amendments will have retrospective effect from 1 April 2015.

These Regulations are made under the powers contained in the Public Service Pensions Act (Northern Ireland) 2014. Section 3(3)(b) of that Act provides that scheme regulations may make retrospective provision. In these Regulations, the regulations listed in regulation 1(2) are retrospective. The retrospective provisions contained in these Regulations do not appear to the Department to have significant adverse effects in relation to the pension payable to or in respect of members of the scheme, or members of previous schemes. Accordingly, the procedures set out in section 23 of that Act are not applicable in relation to these Regulations.

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