http://www.legislation.gov.uk/nisr/2002/352/regulation/126/madeLocal Government Pension Scheme Regulations (Northern Ireland) 2002Local governmentEmployment rightsOccupational pensionsRetirementPublic fundingGovernment Printer for Northern Ireland2022-06-23LOCAL GOVERNMENTThese Regulations replace certain provisions of the Local Government Pension Scheme Regulations (Northern Ireland) 2000 (S.R. 2000 No. 177) (as amended) and constitute the occupational pension scheme for persons employed by a local authority or engaged in other employment, who are active members of the Scheme on or after the commencement date of these Regulations, and replace them in part for other members in accordance with the Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 353).PART IVADMINISTRATIONCHAPTER VITRANSFERSTransfers inCredited periods for transferring members with mis-sold pension rights126.(1)

Regulation 125(3) does not apply where –

(a)

the transferring person is a person about whom information may be given under Article 164(1) of the Pensions (Northern Ireland) Order 1995 (mis-sold personal pensions), as it has effect in the case of the Scheme (see regulation 111); and

(b)

the transfer value satisfies the conditions specified in paragraph (2).

(2)

Those conditions are –

(a)

that it is paid by the trustees or managers of the personal pension scheme mentioned in Article 164(1)(a)(ii) of that Order;

(b)

that it represents all the rights relating to the member in that scheme;

(c)

that it is paid on an application made to the Committee before the expiry of the period of 12 months beginning with the date the transferring person becomes an active member (or such longer period as it may allow); and

(d)

that in the opinion of the Committee it is not less than the restitution amount.

(3)

Where paragraph (1) applies, the credited period is the period of membership the transferring person could have counted if he had been an active member throughout the personal pension period.

(4)

The restitution amount is the aggregate –

(a)

of the amount that would be necessary (as at the date on which the request for the calculation of the restitution amount is received by the Committee) to purchase a period of membership for these Regulations equal to the length of the personal pension period on the basis of a transfer from a scheme which is not a club scheme (including the value of rights under the Pensions (Increase) Act (Northern Ireland) 1971

1971 c. 35

and the Pensions (Increase) (Northern Ireland) Order 1974

S.I. 1974/1267 (N.I. 12)

);

(b)

of the transfer value paid out of the Scheme to the personal pension scheme; and

(c)

of interest on any such transfer value at such rate as is approved for the time being by the Government Actuary, calculated over the period commencing with the date on which that transfer value was paid out of the Scheme and ending with the date as at which the transfer value is taken to be paid to the Scheme.

(5)

The Committee must determine the amount mentioned in paragraph (4)(a) in such manner as is for the time being indicated in guidance issued by the Government Actuary.

(6)

The personal pension period is the period for which the transferring person was eligible to be an active member but in respect of which he made contributions to the personal pension scheme instead.

(7)

Where a transfer value has been accepted in relation to a woman to whom this regulation applies and in respect of whom a transfer value has been paid previously by the Committee to a personal pension scheme any part of which transfer value was attributable to membership before 5th April 1988, then the credited period shall be apportioned as membership before 6th April 1988 and as membership after 5th April 1988 in the same proportions as it would have been had the woman become or remained a member of the Scheme throughout the personal pension period.

(8)

If in the opinion of the Committee the transfer value does not satisfy the conditions specified in paragraph (2) for the reason only that it is less than the restitution amount, the Committee may accept the transfer value on the basis that the credited period which the member may count is such proportion of the personal pension period as the Committee determines.

This XML file does not appear to have any style information associated with it. The document tree is shown below.
<akomaNtoso xmlns:uk="https://www.legislation.gov.uk/namespaces/UK-AKN" xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xsi:schemaLocation="http://docs.oasis-open.org/legaldocml/ns/akn/3.0 http://docs.oasis-open.org/legaldocml/akn-core/v1.0/cos01/part2-specs/schemas/akomantoso30.xsd">
<act name="nisr">
<meta>
<identification source="#">
<FRBRWork>
<FRBRthis value="http://www.legislation.gov.uk/id/nisr/2002/352"/>
<FRBRuri value="http://www.legislation.gov.uk/id/nisr/2002/352"/>
<FRBRdate date="2002-11-19" name="made"/>
<FRBRauthor href="http://www.legislation.gov.uk/id/government/northern-ireland"/>
<FRBRcountry value="GB-NIR"/>
<FRBRsubtype value="regulation"/>
<FRBRnumber value="352"/>
<FRBRname value="S.R. 2002/352"/>
<FRBRprescriptive value="true"/>
</FRBRWork>
<FRBRExpression>
<FRBRthis value="http://www.legislation.gov.uk/nisr/2002/352/made"/>
<FRBRuri value="http://www.legislation.gov.uk/nisr/2002/352/made"/>
<FRBRdate date="2002-11-19" name="made"/>
<FRBRauthor href="#"/>
<FRBRlanguage language="eng"/>
</FRBRExpression>
<FRBRManifestation>
<FRBRthis value="http://www.legislation.gov.uk/nisr/2002/352/made/data.akn"/>
<FRBRuri value="http://www.legislation.gov.uk/nisr/2002/352/made/data.akn"/>
<FRBRdate date="2024-12-07Z" name="transform"/>
<FRBRauthor href="http://www.legislation.gov.uk"/>
<FRBRformat value="application/akn+xml"/>
</FRBRManifestation>
</identification>
<lifecycle source="#">
<eventRef refersTo="#made" date="2002-11-19" eId="date-made" source="#"/>
<eventRef refersTo="#coming-into-force" date="2003-02-01" eId="date-cif-1" source="#"/>
</lifecycle>
<analysis source="#">
<otherAnalysis source=""/>
</analysis>
<references source="#">
<TLCEvent eId="made" href="" showAs="Made"/>
<TLCEvent eId="cif" href="" showAs="ComingIntoForce"/>
</references>
<proprietary xmlns:ukm="http://www.legislation.gov.uk/namespaces/metadata" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:dct="http://purl.org/dc/terms/" source="#">
<dc:identifier>http://www.legislation.gov.uk/nisr/2002/352/regulation/126/made</dc:identifier>
<dc:title>Local Government Pension Scheme Regulations (Northern Ireland) 2002</dc:title>
<dc:subject>Local government</dc:subject>
<dc:subject>Employment rights</dc:subject>
<dc:subject>Occupational pensions</dc:subject>
<dc:subject>Retirement</dc:subject>
<dc:subject>Public funding</dc:subject>
<dc:publisher>Government Printer for Northern Ireland</dc:publisher>
<dc:modified>2022-06-23</dc:modified>
<dc:subject scheme="SIheading">LOCAL GOVERNMENT</dc:subject>
<dc:description>These Regulations replace certain provisions of the Local Government Pension Scheme Regulations (Northern Ireland) 2000 (S.R. 2000 No. 177) (as amended) and constitute the occupational pension scheme for persons employed by a local authority or engaged in other employment, who are active members of the Scheme on or after the commencement date of these Regulations, and replace them in part for other members in accordance with the Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 353).</dc:description>
<ukm:SecondaryMetadata>
<ukm:DocumentClassification>
<ukm:DocumentCategory Value="secondary"/>
<ukm:DocumentMainType Value="NorthernIrelandStatutoryRule"/>
<ukm:DocumentStatus Value="final"/>
<ukm:DocumentMinorType Value="regulation"/>
</ukm:DocumentClassification>
<ukm:Year Value="2002"/>
<ukm:Number Value="352"/>
<ukm:Made Date="2002-11-19"/>
<ukm:ComingIntoForce>
<ukm:DateTime Date="2003-02-01"/>
</ukm:ComingIntoForce>
<ukm:ISBN Value="0337944032"/>
</ukm:SecondaryMetadata>
<ukm:Alternatives>
<ukm:Alternative Date="2008-11-27" URI="http://www.legislation.gov.uk/nisr/2002/352/pdfs/nisr_20020352_en.pdf" Title="Print Version"/>
</ukm:Alternatives>
<ukm:Statistics>
<ukm:TotalParagraphs Value="216"/>
<ukm:BodyParagraphs Value="145"/>
<ukm:ScheduleParagraphs Value="71"/>
<ukm:AttachmentParagraphs Value="0"/>
<ukm:TotalImages Value="7"/>
</ukm:Statistics>
</proprietary>
</meta>
<body>
<part eId="part-IV">
<num>PART IV</num>
<heading>ADMINISTRATION</heading>
<chapter eId="part-IV-chapter-VI">
<num>CHAPTER VI</num>
<heading>
<i>TRANSFERS</i>
</heading>
<hcontainer name="crossheading" ukl:Name="Pblock" eId="part-IV-chapter-VI-crossheading-transfers-in">
<heading>
<i>Transfers in</i>
</heading>
<hcontainer name="regulation" eId="regulation-126" uk:target="true">
<heading>Credited periods for transferring members with mis-sold pension rights</heading>
<num>126.</num>
<paragraph eId="regulation-126-1">
<num>(1)</num>
<intro>
<p>Regulation 125(3) does not apply where –</p>
</intro>
<level class="para1" eId="regulation-126-1-a">
<num>(a)</num>
<content>
<p>the transferring person is a person about whom information may be given under Article 164(1) of the Pensions (Northern Ireland) Order 1995 (mis-sold personal pensions), as it has effect in the case of the Scheme (see regulation 111); and</p>
</content>
</level>
<level class="para1" eId="regulation-126-1-b">
<num>(b)</num>
<content>
<p>the transfer value satisfies the conditions specified in paragraph (2).</p>
</content>
</level>
</paragraph>
<paragraph eId="regulation-126-2">
<num>(2)</num>
<intro>
<p>Those conditions are –</p>
</intro>
<level class="para1" eId="regulation-126-2-a">
<num>(a)</num>
<content>
<p>that it is paid by the trustees or managers of the personal pension scheme mentioned in Article 164(1)(a)(ii) of that Order;</p>
</content>
</level>
<level class="para1" eId="regulation-126-2-b">
<num>(b)</num>
<content>
<p>that it represents all the rights relating to the member in that scheme;</p>
</content>
</level>
<level class="para1" eId="regulation-126-2-c">
<num>(c)</num>
<content>
<p>that it is paid on an application made to the Committee before the expiry of the period of 12 months beginning with the date the transferring person becomes an active member (or such longer period as it may allow); and</p>
</content>
</level>
<level class="para1" eId="regulation-126-2-d">
<num>(d)</num>
<content>
<p>that in the opinion of the Committee it is not less than the restitution amount.</p>
</content>
</level>
</paragraph>
<paragraph eId="regulation-126-3">
<num>(3)</num>
<content>
<p>Where paragraph (1) applies, the credited period is the period of membership the transferring person could have counted if he had been an active member throughout the personal pension period.</p>
</content>
</paragraph>
<paragraph eId="regulation-126-4">
<num>(4)</num>
<intro>
<p>The restitution amount is the aggregate –</p>
</intro>
<level class="para1" eId="regulation-126-4-a">
<num>(a)</num>
<content>
<p>
of the amount that would be necessary (as at the date on which the request for the calculation of the restitution amount is received by the Committee) to purchase a period of membership for these Regulations equal to the length of the personal pension period on the basis of a transfer from a scheme which is not a club scheme (including the value of rights under the Pensions (Increase) Act (Northern Ireland) 1971
<authorialNote class="footnote" eId="f00041" marker="41">
<p>
<ref eId="c00059" href="http://www.legislation.gov.uk/id/apni/1971/35">1971 c. 35</ref>
</p>
</authorialNote>
and the Pensions (Increase) (Northern Ireland) Order 1974
<authorialNote class="footnote" eId="f00042" marker="42">
<p>
<ref eId="c00060" href="http://www.legislation.gov.uk/id/nisi/1974/1267">S.I. 1974/1267 (N.I. 12)</ref>
</p>
</authorialNote>
);
</p>
</content>
</level>
<level class="para1" eId="regulation-126-4-b">
<num>(b)</num>
<content>
<p>of the transfer value paid out of the Scheme to the personal pension scheme; and</p>
</content>
</level>
<level class="para1" eId="regulation-126-4-c">
<num>(c)</num>
<content>
<p>of interest on any such transfer value at such rate as is approved for the time being by the Government Actuary, calculated over the period commencing with the date on which that transfer value was paid out of the Scheme and ending with the date as at which the transfer value is taken to be paid to the Scheme.</p>
</content>
</level>
</paragraph>
<paragraph eId="regulation-126-5">
<num>(5)</num>
<content>
<p>The Committee must determine the amount mentioned in paragraph (4)(a) in such manner as is for the time being indicated in guidance issued by the Government Actuary.</p>
</content>
</paragraph>
<paragraph eId="regulation-126-6">
<num>(6)</num>
<content>
<p>The personal pension period is the period for which the transferring person was eligible to be an active member but in respect of which he made contributions to the personal pension scheme instead.</p>
</content>
</paragraph>
<paragraph eId="regulation-126-7">
<num>(7)</num>
<content>
<p>Where a transfer value has been accepted in relation to a woman to whom this regulation applies and in respect of whom a transfer value has been paid previously by the Committee to a personal pension scheme any part of which transfer value was attributable to membership before 5th April 1988, then the credited period shall be apportioned as membership before 6th April 1988 and as membership after 5th April 1988 in the same proportions as it would have been had the woman become or remained a member of the Scheme throughout the personal pension period.</p>
</content>
</paragraph>
<paragraph eId="regulation-126-8">
<num>(8)</num>
<content>
<p>If in the opinion of the Committee the transfer value does not satisfy the conditions specified in paragraph (2) for the reason only that it is less than the restitution amount, the Committee may accept the transfer value on the basis that the credited period which the member may count is such proportion of the personal pension period as the Committee determines.</p>
</content>
</paragraph>
</hcontainer>
</hcontainer>
</chapter>
</part>
</body>
</act>
</akomaNtoso>