Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009

Changes over time for: SCHEDULE 4

Alternative versions:

Prospective- Amendment

Status:

This version of this schedule contains provisions that are prospective.

Status

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where the provision (Part, Chapter or section) has never come into force or;
where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

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Changes and effects yet to be applied to Schedule 4:

Sch. 4 para. 1 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 2 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 3 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 4 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 5 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 6 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 7 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 8 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 9 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 10 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 11 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 12 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 13 coming into force by S.R. 2009/34 reg. 1(1)
Sch. 4 para. 14 coming into force by S.R. 2009/34 reg. 1(1)
Regulations revoked in pt. by S.R. 2014/189 reg. 2 Sch. 2

Prospective

Regulation 15

SCHEDULE 4N.I.MINOR AND CONSEQUENTIAL AMENDMENTS

The Local Government (Superannuation) (Milk Marketing Board for Northern Ireland) Regulations (Northern Ireland) 1997N.I.

1. The Local Government (Superannuation) (Milk Marketing Board for Northern Ireland) Regulations (Northern Ireland) 1997(1) shall be amended as provided for in paragraphs 2 and 3.

Commencement Information

I1Sch. 4 para. 1 in operation at 1.4.2009, see reg. 1(1)

2. In regulation 1(2) (citation, commencement and interpretation)—

(a)before the definition of “admission agreement employee”, insert—

““the Administration Regulations” means the Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009(2);”; and

(b)for the definition of “admission agreement employee”, substitute—

““admission agreement employee” means employment with an admission body in which the employee is an active member in the same way as if the admission body were an employing authority;”.

Commencement Information

I2Sch. 4 para. 2 in operation at 1.4.2009, see reg. 1(1)

3. In regulation 2 (preservation of membership of scheme) at both places where it occurs, for “the principal Regulations” substitute “the Administration Regulations”.

Commencement Information

I3Sch. 4 para. 3 in operation at 1.4.2009, see reg. 1(1)

Local Government Pension Scheme (Management and Investment of Funds) Regulations (Northern Ireland) 2000N.I.

4. The Local Government Pension Scheme (Management and Investment of Funds) Regulations (Northern Ireland) 2000(3) shall be amended as provided in paragraphs 5 and 6.

Commencement Information

I4Sch. 4 para. 4 in operation at 1.4.2009, see reg. 1(1)

5. In regulation 2 (general interpretation)—

(a)for the definition of “the 2000 regulations” substitute—

““the 2002 Regulations” means the Local Government Pension Scheme Regulations (Northern Ireland) 2002(4);

“the Administration Regulations” means the Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009(5);”;

(b)before the definition of “the Committee” insert—

““the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009(6);”;

(c)in the definition of “the Committee” for “Schedule A1 of the 2000 Regulations” substitute “Schedule 1 of the Administration Regulations”; and

(d)after the definition of “traded option” insert—

““the Transitional Regulations” means the Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009(7);”.

Commencement Information

I5Sch. 4 para. 5 in operation at 1.4.2009, see reg. 1(1)

6. In regulation 5 (management of the fund)—

(a)for paragraph (2) substitute—

“(2) The Committee must pay or credit to the fund, in addition to any other sum the Benefits Regulations, the Administration Regulations and the Transitional Regulations specify must be paid or credited to the fund—

(a)the amounts payable by it or paid to it for the credit of the fund by employing authorities under regulations 34 (employer’s contributions) to 37 (payments by employing authorities to the Committee) of the Administration Regulations;

(b)all members’ contributions including those made by virtue of the Transitional Regulations, except contributions payable under regulation 21 (additional voluntary contributions and shared cost additional voluntary contributions);

(c)all income arising during the year from investment of the fund;

(d)all capital money deriving from such investment; and

(e)all additional payments received by it under the Benefits Regulations, Administration Regulations or Transitional Regulations.”; and

(b)in paragraph (3) for “regulations L5 to L7 of the 2000 regulations” substitute “regulations 34 to 37 of the Administration Regulations”.

Commencement Information

I6Sch. 4 para. 6 in operation at 1.4.2009, see reg. 1(1)

The Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001N.I.

7. The Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001(8) shall be amended as provided in paragraphs 8 to 10.

Commencement Information

I7Sch. 4 para. 7 in operation at 1.4.2009, see reg. 1(1)

8. In regulation 2 (general interpretation)—

(a)in paragraph (1)—

(i)after the definition of “assumed member” insert—

““the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009(9);”;

(ii)for the definition of “the LGPS Regulations” substitute—

““the LGPS Regulations” means the Benefits Regulations, the Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009(10) and the Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009(11);”;

(iii)after the definition of “the 2000 Regulations” insert—

““the 2002 Regulations” means the Local Government Pension Scheme Regulations (Northern Ireland) 2002(12);”;

(iv)in the definition of “pensionable remuneration” for “regulation 12 of the LGPS Regulations” substitute “regulation 4 of the Benefits Regulations”; and

(v)in the definition of “the Scheme” for “the LGPS Regulations” substitute “the Benefits Regulations”; and

(b)in paragraph (2) for “the 2000 Regulations” substitute “the 2002 Regulations”; and

(c)in paragraph (3) in both places where it occurs after “the 2000 Regulations” insert “or the 2002 Regulations”.

Commencement Information

I8Sch. 4 para. 8 in operation at 1.4.2009, see reg. 1(1)

9. In regulation 32(1) (interpretation of Part V) for “as a member of the fire brigade as defined in Article 2(2) of the Fire Services (Northern Ireland) Order 1984(13)” substitute “retained or volunteer membership with a fire and rescue authority as defined in Article 3 of the Fire and Rescue Services (Northern Ireland) Order 2006(14)”.

Commencement Information

I9Sch. 4 para. 9 in operation at 1.4.2009, see reg. 1(1)

10. In regulation 35(1) (allowances for pensioners)—

(a)for sub-paragraph (b) substitute—

“(b)on so ceasing regulation 33 does not apply, but he becomes entitled under the Benefits Regulations to receive payments in respect of an annual retirement pension and regulation 10 (final pay: reductions) of those Regulations or regulation 24(1) (different relevant period for calculating pensionable remuneration where a material reduction has been certified) of the LGPS Regulations does not apply; and”; and

(b)in sub-paragraph (c) for “the LGPS Regulations” substitute “the Benefits Regulations”.

Commencement Information

I10Sch. 4 para. 10 in operation at 1.4.2009, see reg. 1(1)

The Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations (Northern Ireland) 2007N.I.

11. The Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations (Northern Ireland) 2007(15) shall be amended as provided for in paragraphs 12 to 14.

Commencement Information

I11Sch. 4 para. 11 in operation at 1.4.2009, see reg. 1(1)

12. In regulation 2 (general interpretation)—

(a)after the definition of “the 2003 Regulations” insert—

““the Administration Regulations” means the Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009(16);

“the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009(17);”; and

(b)for the definition of “the Pension Regulations” substitute—

““the Pension Regulations” means the Benefits Regulations, the Administration Regulations, the Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009(18) and the Local Government Pension Scheme Regulations (Northern Ireland) 2002(19) (so far as they continue to operate);”.

Commencement Information

I12Sch. 4 para. 12 in operation at 1.4.2009, see reg. 1(1)

13. In regulation 3(1)(b)(ii) (application of the regulations) for “regulation 7 (leaving the scheme) of the Pension Regulations” substitute “regulation 10 (ending of membership) of the Administration Regulations”.

Commencement Information

I13Sch. 4 para. 13 in operation at 1.4.2009, see reg. 1(1)

14. In regulation 5(1)(b) (discretionary compensation) for “regulation 54 (power of employing authority to increase total membership) of the Pension Regulations” substitute “regulation 12 (power of employing authority to increase total membership of members) or 13 (power of employing authority to award additional pension) of the Benefits Regulations”.

Commencement Information

I14Sch. 4 para. 14 in operation at 1.4.2009, see reg. 1(1)

(1)

S.R. 1997 No. 137 as amended by Schedule M4 to S.R. 2000 No. 177 (Schedule M4 to S.R. 2000 No. 177 was amended by regulation 11 of S.R 2001 No. 64) and S.R. 2002 No. 353.

(2)

S.R. 2009 No. 33.

(3)

S.R. 2000 No. 178 as amended by Regulations S.R. 2001 No. 62, S.R. 2003 No. 433, S.R. 2004 No. 260 and S.R. 2006 No. 400.

(4)

S.R. 2002 No. 352 as amended by S.R. 2002 No. 353, S.R. 2004 No. 139, S.R. 2005 No. 206, S.R. 2005 No. 274, S.R. 2006 No. 6, S.R. 2006 No. 112, S.R. 2007 No. 152, S.R. 2007 No. 448 and S.R. 2007 No. 479.

(5)

S.R. 2009 No. 33.