The Local Government Superannuation Regulations 1986

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Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol). This item of legislation is currently only available in its original format.

Regulation A2(1)

SCHEDULE 1GLOSSARY OF EXPRESSIONS

Expression	Meaning
“The Act of 1922”	The Local Government and other Officers' Superannuation Act 1922(1).
“The Act of 1937”	The Local Government Superannuation Act 1937(2).
“The Act of 1953”	The Local Government Superannuation Act 1953(3).
“The Acts of 1937 to 1953”	The Local Government Superannuation Acts 1937 to 1953(4).
“The Act of 1972”	The Superannuation Act 1972(5).
“Actuary”	A Fellow of the Institute of Actuaries or of the Faculty of Actuaries.
“Added period payment”	A payment made for the purposes of regulation C5 or C6, regulation D10 of the 1974 regulations, or section 2(1) of the Act of 1953 or any similar provision contained in a local Act scheme.
“Added years”	An additional period which a person has become entitled to reckon as reckonable service by virtue of— (a) regulation D10 of the 1974 regulations or regulation D6(2), or (b) regulation 12 of the Benefits regulations, or (c) regulation 5 of the Local Government Superannuation (Reckoning of Service on Transfer) Regulations 1954(6), or (d) regulation 15(2)(b) of the Local Government Superannuation (England and Scotland) Regulations 1948 to 1954(7), or (e) any similar provision of a local Act scheme.
“Additional contributory payment”	A payment made under— (a) regulation D6 or D7 of the 1974 regulations or regulation C9(2), or (b) section 2(3) of the Act of 1953 as originally enacted or as having effect as mentioned in regulation A2(2)(c), or (c) the Act of 1937 as originally enacted, the Act of 1922 or a local Act scheme, as a condition of being entitled to reckon any service either as service generally or as service of a particular character, or (d) proviso (ii) to section 8(2)(b) of the Act of 1937.
“Administering authority”	A body required to maintain a superannuation fund under these regulations.
“Admission agreement”	An agreement made or continued in force as if made under regulation B3.
“Appropriate administering authority”	The body maintaining the appropriate superannuation fund.
“Appropriate superannuation fund”	Construe in accordance with regulation C1.
“Approved non-local government employment”	Employment in which a person participates in an approved non-local government scheme.
“Approved non-local government scheme”	A non-local government scheme— (a) the fund of which is wholly approved under section 208 of the Income and Corporation Taxes Act 1970(8), or (b) which is approved under section 222 of that Act or under Chapter II of Part II of the Finance Act 1970(9), or (c) which is approved by the Commissioners of Inland Revenue for the purposes of these regulations.
“The Benefits regulations”	The Local Government Superannuation (Benefits) Regulations 1954 and 1955(10).
“Child”	A person who— (a) has not attained the age of 17 years, or (b) has attained the age of 17 years and has since been receiving full-time education or undergoing a full-time course of training, of not less than 2 years' duration, for a trade, profession or calling, either— (i) continuously, or (ii) except during a period which the appropriate administering authority, being satisfied that his education or training ought not to be regarded as completed, have in their discretion decided to disregard, or (c) has attained the age of 17 years and is incapacitated by reason of ill-health or infirmity of mind or body which arose either— (i) before he attained that age, or (ii) while receiving such full-time education or training, or (iii) during a period which the authority have under paragraph (b)(ii) decided to disregard.
“Combined police authority”	The same meaning as in the Police Act 1964(11).
“The Common Council”	The Common Council of the City of London.
“Contracted-out employment”	Construe in accordance with section 30 of the Pensions Act.
“Contributory employee”	A person who was entitled to participate in the benefits of a superannuation fund maintained under Part I of the Act of 1937.
“Death grant”	A death grant payable under regulation E11.
“Designated employee”	A person who before 1st April 1939 had been, or had been treated by a local authority as being, a person to whom the Act of 1922 applied.
“Disqualifying break of service”	A continuous period of 12 months or longer during no part of which was the person concerned a pensionable employee, contributory employee or local Act contributor.
“Eligible child”	A child is an eligible child of a person who has died after becoming entitled to a retirement pension if he is— (a) a legitimate child of a marriage of that person which took place before the date on which he became entitled to the retirement pension, and was born within 12 months after that date, or (b) a child adopted by the person before he became entitled to the retirement pension, or (c) a child wholly or mainly dependent on the person both before he became entitled to the retirement pension and at the time of his death who is— (i) the person's step-child or illegitimate child, or (ii) an adopted child of a woman who married the person before he became entitled to the retirement pension, or (iii) a child accepted by the person as a member of the family.
“Eligible child”	A child is an eligible child of a person who has died in an employment in which he was a pensionable employee if he is— (a) a legitimate or adopted child of that person, or (b) a child wholly or mainly dependent on the person at the time of his death who is— (i) the person's step-child or illegitimate child, or (ii) an adopted child of a woman who has been married to the person, or (iii) a child accepted by the person as a member of the family.
“Employee”	An employee whether permanent or temporary, other than a person appointed to a post in a temporary capacity for a period of not more than 3 months or whose employment is of a casual nature.
"Employer's contribution"	A sum payable under regulation P7(1).
“Employing authority”	The body employing a pensionable employee.
“Employment”	Construe as including office.
“Enactment”	Construe as including any instrument made under an Act.
“Equivalent pension benefits”	The meaning given by section 57(1) of the Insurance Act.
“Fees”	Includes other payments in the nature of fees.
“Former local authority”	A body, other than a scheduled body, who were a local authority within the meaning of the Act of 1937 as originally enacted.
“The former regulations”	Those of the enactments and instruments referred to in paragraph 5(1) of Schedule 7 to the Act of 1972 and applying to England and Wales that were in force immediately before 1st April 1974, the Miscellaneous Provisions regulations and the Local Government Superannuation (Miscellaneous Provisions) (No. 2) Regulations 1973(12).
“Guaranteed minimum”	A guaranteed minimum under section 35 of the Pensions Act.
“Inner London area”	The same meaning as in section 2 of the Justices of the Peace Act 1979(13)
“The Insurance Act”	The National Insurance Act 1965(14).
“The Insurance Acts”	The National Insurance Acts 1965 to 1973(15)
“Insurance code”	The Insurance Act, the Northern Ireland Act or the Isle of Man Act.
“Interchange rules”	Rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948(16) (pensions of persons transferring to different employment) and any similar instrument made, or having effect as if made, under any other Act which makes similar provision.
“The Isle of Man Act”	The National Insurance (Isle of Man) Act 1961 (an Act of Tynwald).
“Judicially separated”	Judicially separated in circumstances in which the husband is not required by the order of any competent court to contribute to the support of his wife.
"Justices' clerk (inner London area)"	A person who, under section 37 of the Justices of the Peace Act 1979, has been or is deemed to have been appointed by the committee of magistrates for the inner London area to be a justices' clerk.
"Justices' clerk (outside the inner London area)"	A person who, under section 25 of the Justices of the Peace Act 1979, has been or is deemed to have been appointed by a committee of magistrates to be a justices' clerk.
“Local Act contributor”	A person who was entitled to participate in the benefits of a superannuation fund maintained under a local Act scheme.
“Local education authority”	The same meaning as in the Education Act 1944(17).
“The Local Government Act”	The Local Government Act 1972(18).
'Local government employment"	In relation to any time before 1st April 1974, the expression means employment by virtue of which the person employed was, or is deemed to have been, a contributory employee or a local Act contributor.
'Local government employment"	In relation to any time after 31st March 1974, the expression means employment by virtue of which the person employed is, or is deemed to be, a pensionable employee or a local Act contributor.
“Manual worker”	An employee who is not an officer.
“The Miscellaneous Provisions regulations”	The Local Government Superannuation (Miscellaneous Provisions) Regulations 1973(19).
“The 1974 regulations”	The Local Government Superannuation Regulations 1974(20)
“Non-local government scheme”	A superannuation scheme or other arrangements for superannuation, other than— (a) the superannuation scheme provided in the Acts of 1937 to 1953 and the regulations made thereunder or in the Local Government Superannuation (Scotland) Acts 1937 to 1953(21) and the regulations made thereunder, (b) a superannuation scheme provided in regulations for the time being in force under section 7 of the Act of 1972, and (c) a local Act scheme.
“Non-participating employment”	The same meaning as in section 56(1) of the Insurance Act.
“The Northern Ireland Act”	The National Insurance Act (Northern Ireland) 1959(22).
“Officer”	An employee whose duties are wholly or mainly administrative, professional, technical or clerical.
“Part-time employee”	An employee who is neither a whole-time employee nor a variable-time employee.
“Passenger transport executive”	The Executive for a designated area within section 9(1) of the Transport Act 1968(23).
“Payment in lieu of contributions”	A payment in lieu of contributions under Part III of the Insurance Act.
“Pensionable age”	A person's pensionable age is the earliest age at which (assuming continuous local government employment) he could become entitled by virtue of regulation E2(1)(a) or (b)(ii) to a retirement pension.
“Pensionable employee”	In relation to any time before 1st March 1986, the expression means a person who was a pensionable employee under the 1974 regulations.
“Pensionable employee”	In relation to any time after 28th February 1986, the expression is to be construed in accordance with regulation B1.
“Pensionable remuneration”	Construe in accordance with regulation E22.
“The Pensions Act”	The Social Security Pensions Act 1975(24).
“Police authority”	The same meaning as in the Police Act 1964.
“Preserved benefits”	Benefits to which a person— (a) was entitled immediately before 1st March 1986 by virtue of regulation E2(1)(c) of the 1974 regulations, or (b) has become entitled by virtue of regulation E2(1)(c), and which have not become payable.
“Probation committee”	A probation committee constituted by paragraph 2(1) of Schedule 3 to the Powers of Criminal Courts Act 1973(25).
“Probation officer”	A probation officer appointed or deemed to have been appointed by a probation committee under paragraph 3 of Schedule 3 to the Powers of Criminal Courts Act 1973.
“Public service scheme”	The meaning given by regulation F1(1).
“Qualifying service”	Construe in accordance with regulation D2.
“Reckonable service”	Construe in accordance with regulation D1.
“Registration officer”	A superintendent registrar or registrar of births and deaths, a registrar of births and deaths exercising any of the functions of a registrar of marriages, or a person provided by and at the expense of a local authority to act as a deputy superintendent registrar or deputy registrar of births and deaths.
“Relevant absence” and “relevant contribution period”	The meanings given by regulation C4.
“Remuneration”	Except to the extent that any notional remuneration has been agreed under regulation G8, the expression means all the salary, wages, fees, poundage and other payments paid or made to an employee as such for his own use and the money value of any apartments, rations or other allowances in kind appertaining to his employment.
“Remuneration”	The expression does not include— (a) payments for non-contractual overtime, (b) any allowance paid to an employee to cover cost of office accommodation or clerk's assistance, (c) any travelling or subsistance allowance or other moneys to be spent, or to cover expenses incurred by him, for the purposes of his employment, (d) any payment made to him on his ceasing to hold his employment in consideration of loss of holidays, or (e) any payment accepted by him in lieu of notice to terminate his contract of employment.
“Rent officer” and “deputy rent officer”	A person who has been or is deemed to have been appointed as a rent officer or, as the case may be, a deputy rent officer in pursuance of a scheme under section 63 of the Rent Act 1977(26).
“Residuary body” and “London Residuary Body”	The first expression has the meaning given in section 105(1) of the Local Government Act 1985(27) and the second means the body established by section 51(1)(a) of that Act.
“Retiring allowance”	A retiring allowance payable under regulation E2.
“Retirement pension”	A retirement pension payable under regulation E2.
“Scheduled body”	A body described in Schedule 2.
“Scheme managers”	In relation to a statutory scheme, the expression means the Minister of the Crown or police or fire authority administering the scheme.
“Scheme managers”	In any other case, the expression means the person responsible for the management of a non-local government scheme.
“Service”	Except in Part J, where it has the meaning given by regulation J1, the expression means service rendered to a scheduled body.
“Service”	Service rendered by an employee of a scheduled body whose services are placed at the disposal of a Minister of the Crown or a government department in pursuance of any enactment is to be treated as service rendered to the scheduled body.
“Standard rate”	1% above the rate which is for the time being the base rate published by the Committee of London Clearing Bankers or, where there is for the time being more than one such base rate, the lowest of them.
“State pensionable age”	In the case of a man, 65; in the case of a woman, 60.
“Statutory scheme”	A scheme established under section 1 of the Act of 1972, arrangements for superannuation maintained in pursuance of regulations made or having effect as if made under section 9 or 10 of that Act or section 1 of the Police Pensions Act 1976(28), or the Firemen's Pension Scheme made under the Fire Services Act 1947(29).
“Trade dispute”	The meaning given by regulation C4.
“The Transitional Provisions Regulations”	The National Insurance (Non-participation-Transitional Provisions) Regulations 1974(30).
“Variable-time employee”	An employee who has no contractual hours of employment.
“War service”	Construe in accordance with regulation F2.
“War service provisions”	The meaning given by regulation F1(1).
“Water authority”	The same meaning as in the Water Act 1973(31).
“Water company scheme”	The standard water company scheme under subsection (2) of section 27 of the Water Act 1973 or, in relation to a person who opted under paragraph (c) of subsection (3) of that section that that scheme should not apply to him, the superannuation arrangements mentioned in that paragraph.
“Whole-time”	A person is a “whole-time employee”, and as the case may be a “whole-time officer” or a “whole-time manual worker”, if his contractual minimum hours of employment regularly or usually amount to 30 hours or more in each week.