The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2022

Amendment of The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014

18.  In regulation 17 (survivor benefits)—

(a) in the heading for “Survivor benefits” substitute “Survivor pension”;

(b) in paragraph (1)—

(i) for “Survivor pensions” substitute “Except where regulation 9A(4) (aggregation adjustments etc.) applies, survivor pension”; and

(ii) for “are” substitute “is”;

(c) in paragraph (2)(a) for “benefit” substitute “pension”;

(d) for paragraphs (5) to (9) substitute—

“(5) For the purposes of calculating eligibility of a person to survivor pension under the 2009 Scheme and the other earlier Schemes—

(a) the definition of “eligible child” contained in Schedule 1 (interpretation) to the 2014 Regulations is substituted for the definition contained in regulation 26 (meaning of “eligible child”) of the Benefits Regulations and the corresponding provisions in the former regulations;

(b) any calculation of the survivor pension payable under the former regulations to a person who is the surviving civil partner of a member is on the basis that the survivor is a surviving spouse; and

(c) in the calculation of any survivor pension under the former regulations any reference to contracted out membership is to be read as including contracted in membership.

(6) Any calculation of any survivor pension payable under the former regulations in respect of a surviving cohabiting partner, is only to take account of membership accrued by that member after 5th April 1988.

(7) Any calculation of any survivor pension payable under the former regulations in respect of surviving civil partner or spouse of a member who enters into a civil partnership or marriage after leaving active membership and dies is only to take account of membership accrued by that member after 5th April 1978, except where regulation F11 (cessation of membership before the commencement date) of the 2000 Regulations applies.

(8) Despite paragraph (5)(b), for the purposes of paragraphs (6), (7), (9) membership includes—

(a) relevant additional membership that would have counted as membership for the purposes of regulations 44 and 44A of the 2002 Regulations (reduction of some surviving spouses’ and civil partners’ pensions);

(b) membership that would have counted under regulation F3, F4 or F5 (spouse pensions in certain cases) of the 2000 Regulations by virtue of regulation F6 (post-retirement marriages)) of those Regulations; and

(c) any membership purchased under regulation 14A of the Benefits Regulations (elections to pay additional contributions: survivor benefits).”; and

(e) for paragraph (10) substitute—

“(9) Any calculation of any survivor pension payable under the former regulations in respect of surviving civil partner or spouse of a member who enters into a civil partnership or marriage after leaving active membership and dies where that member has made an inward transfer to the Scheme after 5th April 1988 in relation to which the member is entitled to reckon a period of service or, as the case may be, count a period of membership under the former regulations, that period of service or membership shall be regarded as a period of service or membership after 5th April 1978, (except where regulation F11 (cessation of membership before the commencement date) of the 2000 Regulations applies, that period of service or membership shall be regarded as a period of service or membership after 5th April 1988) notwithstanding the following provisions and without limiting the effect of those provisions in relation to any other matter—

(a) regulations K14 (inward transfers) and K15 (right to count service) of the 2000 Regulations;

(b) regulations 124 (inward transfers of pension rights) and 125 (right to count credited period) of the 2002 Regulations;

(c) regulations 79 (inward transfer of pension rights) and 80 (right to count credited period) of the Administration Regulations; and

(d) regulation 9 (transfers).”.