Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009

[F1 PENSION CREDIT MEMBERS AND PENSION CREDIT N.I.

Textual Amendments

F1 Regulations revoked (except reg. 4 for specified purposes, reg. 6 for specified purposes and reg. 11) (1.4.2015) by The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/189), regs. 1(1), 2(1), Sch. 2 (with regs. 3, 13, 14(1)(d), Sch. 5)

Application of the Regulations to pension credit members N.I.

89.   Part 1 (preliminary), regulations 46 (interest on late payment of certain benefits), 47 (payments due in respect of deceased persons) and 48 (non-assignability) and Parts 6 (determination of questions and disputes) and 7 (policy statements and information) apply to a pension credit member.

Modifications etc. (not altering text)

C1 Pt. 10 applied (1.4.2009) by Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/34), regs. 1(1), 13

Commencement Information

I1 Reg. 89 in operation at 1.4.2009, see reg. 1

Calculation N.I.

90.— (1) The annual rate of the pension at normal benefit age shall be the pension calculated as referred to in regulation 84(4) (discharge of liability for pension credit rights), increased in accordance with the Pensions (Increase) Act (Northern Ireland) 1971(1) and, if applicable, the Pensions Increase (Northern Ireland) Order 1974(2) from the day on which the pension sharing order takes effect.

(2) Where applicable, the lump sum grant shall be equal to 3 times the annual rate of pension.

Commencement Information

I2 Reg. 90 in operation at 1.4.2009, see reg. 1

Payment of benefits N.I.

91.— (1) [F2 Subject to paragraph (4), a pension credit member] who attains normal benefit age is entitled to the immediate payment of a pension and, if applicable, a lump sum grant.

(2) The pension and if applicable the lump sum grant are payable from the fund or admission agreement fund.

(3) The pension is payable for life.

[F3 (4) A pension credit member may apply in writing to the Committee for the benefits payable under paragraph (1) to be paid at or after [F4 age 55] (but before normal benefit age), and such benefits shall be reduced by the amounts as are shown to be appropriate in guidance issued by the Government Actuary.

(5) Where paragraph (4) applies the benefits shall be payable from the date the Committee receives the application.]

Textual Amendments

F2 Words in reg. 91(1) substituted (with effect in accordance with reg. 1(5) of the amending Rule) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/410), regs. 1(1), 43(a)

F3 Reg. 91(4)(5) inserted (with effect in accordance with reg. 1(5) of the amending Rule) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/410), regs. 1(1), 43(b)

F4 Words in reg. 91(4) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/128), regs. 1(1), 33

Commencement Information

I3 Reg. 91 in operation at 1.4.2009, see reg. 1

Death grants: pension credit members N.I.

92.— (1) Regulations 23 (death grants: active members), 32 (death grants: deferred members) and 35 (death grants: pensioner members) of the Benefits Regulations shall apply in relation to a pension credit member.

(2) The Committee at its absolute discretion may make payments of a death grant to or for the benefit of the pension credit member’s nominee or personal representatives, or any person appearing to the Committee to have been his relative or dependant at any time.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 92(3) omitted (18.11.2019) by virtue of The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/206), regs. 1(1), 56

Commencement Information

I4 Reg. 92 in operation at 1.4.2009, see reg. 1

Commutation: small pensions N.I.

93.— (1) Regulation 39 (commutation: small pensions) of the Benefits Regulations shall apply if as a result of a pension sharing order the annual rate of the retirement pension which a member who has attained normal benefit age is entitled to be paid falls below the sum mentioned in that regulation.

(2) Regulation 39 of those Regulations shall apply in respect of the retirement pension payable to a pension credit member in respect of a pension credit and the amount of that pension shall for the purpose of this regulation be aggregated with any other pension payable to that member under the Scheme.]

Commencement Information

I5 Reg. 93 in operation at 1.4.2009, see reg. 1

(1)

1971 c. 35 (N.I) sections 3, 8 and 15 were amended by Article 36 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.

(2)

S.I. 1974/1267 (N.I. 2).