Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002

Duty of employing authority to increase total membership of members with membership before the commencement date

11.—(1) Where a relevant event occurs–

(a) in relation to a member who is entitled to count membership by virtue of regulation 6 or 7; or

(b) in relation to a member to whom paragraph 6(6) of Schedule 2 applies as respects a period of membership,

the relevant authority must determine whether his rights under the Scheme in respect of that membership are at least equal in value to the rights to which he was entitled immediately before the commencement date (“his 2000 rights”).

(2) If the relevant authority determines that a member’s 2000 rights were of a greater value than his rights under the Scheme in respect of the membership mentioned in paragraph (1), it must resolve to increase the member’s total membership for the 2002 Regulations by an additional period so that his rights under the Scheme in respect of the membership mentioned in paragraph (1) are at least equal in value to his 2000 rights.

(3) But if that additional period would exceed the period which would be the maximum addition under Schedule 4 to the 2002 Regulations if the resolution were made under regulation 55 of those Regulations–

(a) it must be reduced to the amount of the maximum addition; and

(b) the relevant authority must resolve that the appropriate multiplier for one or both of the purposes mentioned in regulation 19(2) and (3) of those Regulations (calculations of pensions and retirement grants) must be increased accordingly so that (taking the effects of the reduced additional period and the increase in any such multiplier together) his rights under the Scheme in respect of the membership mentioned in paragraph (1) are at least equal in value to his 2000 rights.

(4) Before–

(a) making a determination under paragraph (1); or

(b) determining the additional period under paragraph (2) or the increase in any appropriate multiplier under paragraph (3)(b),

the relevant authority must consider the advice of an actuary if it considers it appropriate.

(5) Where the relevant authority has passed a resolution under paragraph (2), the additional period counts as part of the member’s total period of membership for regulation 8(1)(d) of the 2002 Regulations.

(6) The relevant authority must give notice of the making of such a resolution to the member before the expiry of the period of six months beginning with the relevant date.

(7) The relevant authority is–

(a) in the case of a member who is an active member when the relevant event occurs, his employing authority; and

(b) otherwise, the Committee.

(8) A relevant event occurs in relation to a member if–

(a) he becomes immediately entitled to payment of a benefit under the 2002 Regulations or any other person whose entitlement is in respect of him becomes so entitled; or

(b) he applies under section 89A of the Pension Schemes (Northern Ireland) Act 1993(1) for a statement of entitlement; or

(c) he is provided with such information as is mentioned in regulation 122(3) of the 2002 Regulations (bulk transfers etc.).

(9) The relevant date is–

(a) in the case mentioned in paragraph (8)(a), the date on which the amount of the benefit is determined;

(b) in the case mentioned in paragraph (8)(b) or (c), the date on which the member’s membership ceases.

(1)

1993 c. 49; Section 89A was inserted by Article 149 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))