Local Government (Superannuation and Compensation) (Institutions of Further Education) Regulations (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 41

LOCAL GOVERNMENT

Local Government (Superannuation and Compensation) (Institutions of Further Education) Regulations (Northern Ireland) 1998

Made

16th February 1998

Coming into operation

1st April 1998

The Department of the Environment in exercise of the powers conferred on it by Articles 9, 14 and 19 of the Superannuation (Northern Ireland) Order 1972(1) and now vested in it(2) and of every other power enabling it in that behalf and after consultation with such associations of local authorities as appeared to it to be concerned, the local authorities with whom consultation appeared to it to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to it to be appropriate, hereby makes the following Regulations:

Part I Preliminary

Citation and commencement

1.  These Regulations may be cited as the Local Government (Superannuation and Compensation) (Institutions of Further Education) Regulations (Northern Ireland) 1998 and shall come into operation on 1st April 1998.

Part II Superannuation

Interpretation

2.  In this Part “the principal Regulations” means the Local Government (Superannuation) Regulations (Northern Ireland) 1992(3).

Power to admit employees of other bodies

3.  Regulation B5(10) of the principal Regulations is amended—

(a) by deleting the word “and” at the end of sub-paragraph (d);

(b) by substituting a semi-colon and the word “and” for the full stop at the end of sub-paragraph (e); and

(c) by inserting after sub-paragraph (e) the following sub-paragraph—

“(f) the governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997.”(4).

Amendment to Schedule 19 to the principal Regulations

4.  Schedule 19 to the principal Regulations is amended—

(a) by substituting a semi-colon for the full stop at the end of item (j); and

(b) by inserting after item (j) the following item—

“(k) the governing body of an institution of further education within the meaning of Further Education (Northern Ireland) Order 1997.”.

Part III Compensation

Interpretation

5.  In this Part “the 1983 Regulations” means the Local Government (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983(5).

Amendment to Schedule 1 to the 1983 Regulations

6.  Schedule 1 to the 1983 Regulations is amended—

(a) by substituting a semi-colon for the full stop at the end of item (l); and

(b) by inserting after item (l) the following item—

“(m) the governing body of an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997.”.

Sealed with the Official Seal of the Department of the Environment on

L.S.

R. McMinnis

Assistant Secretary

16th February 1998.

Explanatory Note

(This note is not part of the Regulations.)

Part II of these regulations amends the Local Government (Superannuation) Regulations (Northern Ireland) 1992 (the principal Regulations). Part III of these regulations is a related amendment to the Local Government (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983 (the 1983 Regulations).

Regulation 3, in Part II, provides that the Northern Ireland Local Government Officers' Superannuation Committee may make “an admission agreement” under regulation B5 of the principal Regulations with a governing body of an institution of further education, within the meaning of the Further Education (Northern Ireland) Order 1997.

Regulation 4 adds to Schedule 19 to the principal Regulations, governing bodies of institutions of further education as recognised by the Department of Education within the meaning of the Further Education (Northern Ireland) Order 1997. Schedule 19 lists those employing authorities to which Part L (Injury Allowances etc.) of the principal Regulations apply.

Regulation 6, in Part III, adds to Schedule 1 to the 1983 Regulations, governing bodies of institutions of further education within the meaning of the Further Education (Northern Ireland) Order 1997. Employing authorities listed at Schedule 1, whose pensionable employees have ceased their employment through redundancy or in the interests of the efficiency of their employing authorities, can compensate them in certain cases (in the form of additions to superannuation benefits) by the award of additional years of service. This regulation ensures that the compensation provisions will continue to apply to those employees who from 1st April 1998 will be employed by a governing body of an institution of further education and who are formerly employed by an education and library board.

(1)

S.I. 1972/1073 (N.I. 10); Article 14 was amended by Article 12 of the Pensions (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I. 1990/1509 (N.I. 13))

(2)

S.R. & O. (N.I.) 1973 No. 504 Article 7(1); S.I. 1976/424 (N.I. 6)

(3)

S.R. 1992 No. 547

(4)

S.I. 1997/1772 (N.I. 15)

(5)

S.R. 1983 No. 30; Schedule 1 was amended by S.R. 1986 No. 80, regulation 10