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

Interpretation

2.—(1) In these Regulations–

“the 2002 provisions” means the 2002 Regulations, these Regulations and the Investment Regulations;

“the 2002 Regulations” means the Local Government Pension Scheme Regulations (Northern Ireland) 2002(1);

“the common provisions” means regulations 51 and 52 and Part IV of the 2002 Regulations and the Investment Regulations;

“the Investment Regulations” means the Local Government Pension Scheme (Management and Investment of Funds) Regulations (Northern Ireland) 2000(2);

“the old provisions” means the 2000 Regulations, the additional regulations specified in Schedule 1 (so far as they relate to the Scheme) and any other regulations relating to the Scheme and made under Article 9 or 14 of the Superannuation (Northern Ireland) Order 1972, so far as they continue in effect;

“the replaced provisions” means regulations C21, C26A, H1, H3 to H7, M2, M3, M4 and Parts J, K L, and N of and Schedules K1, K2, L1 and L2 to the 2000 Regulations;

“the saved provisions” means the old provisions (other than the replaced provisions), in so far as they remain capable of having effect and subject to the provisions of these Regulations and, in particular, the amendments specified in Schedules 3 and 4.

(2) For these Regulations, a member must be treated as remaining an active member throughout–

(a) a period of maternity absence;

(b) any period which is treated as membership by virtue of regulation B13(1)(b) of the 2000 Regulations (absence for illness or injury); and

(c) any period as respects which a notice under regulation C7(2) of those Regulations (trade disputes absence) has been given,

whether or not he or she otherwise would be so treated.

(3) Paragraph (2) shall not apply as respects any part of such a period which falls after a time when the member ceases to be an active member by virtue of regulation B11 of the 2000 Regulations (leaving the Scheme).

(4) Subject to the previous provisions of this regulation, expressions used in these Regulations and in the 2002 Regulations have the same meaning as in those Regulations.

(5) So far as is necessary for the purposes of regulation 1(2) and (3) these Regulations shall be deemed to have effect from and including 1st April 1998.

(1)

S.R. 2002 No. 352

(2)

S.R. 2000 No. 178 as amended by S.R. 2001 No. 61 and S.R. 2001 No. 62