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

Regulation 2(1)

SCHEDULE 1 ADDITIONAL REGULATIONS WHICH ARE “OLD PROVISIONS”

The Local Government (Superannuation) (Milk Marketing Board for Northern Ireland) Regulations (Northern Ireland) 1997(1).

Regulations 5, 6 and 7(1)

SCHEDULE 2 RE-EMPLOYMENT OF MEMBERS (SCHEDULE D5 TO THE 2000 REGULATIONS ETC.)

Interpretation

1.  In this Schedule–

“active deferred member” means any person who was a deferred member and an active member immediately before the commencement date and continues as an active member on that date by virtue of regulation 3;

“active pensioner” means a person who was a pensioner member and an active member immediately before the commencement date and continues as an active member on that date by virtue of regulation 3;

“rejoining pensioner” means a person who was a pensioner member but not an active member immediately before the commencement date, and becomes an active member again on or after that date (otherwise than in an employment which is a new employment to which paragraph 3(1) applies);

“rejoining deferred member” means any person who–

(a)

immediately before the commencement date was a deferred member (or would have been apart from being a pensioner member) but was not an active member; and

(b)

becomes an active member again on or after that date.

Active and rejoining pensioners: general

2.  Despite regulation 3–

(a) the saved provisions shall continue to apply; and

(b) Part II (except regulations 51 and 52) and Parts III and V of the 2002 Regulations shall not apply,

in relation to an active pensioner or a rejoining pensioner in his capacity as a pensioner member as respects his membership before the commencement date, except where the following provisions of this Schedule provide otherwise.

Re-employment and abatement

3.—(1) Where immediately before the commencement date Part I of Schedule D5 to the 2000 Regulations (reduction of retirement pensions) applies to any person by virtue of one or more new employments with employing authorities which continue on that date–

(a) that Part of that Schedule shall cease to apply to him if after that date there is a period of more than one month during which he is not employed by any of those employing authorities; and

(b) if after such a period the member enters employment with any employing authority, regulations 112 and 113 of the 2002 Regulations (abatement) shall apply instead as respects that employment.

(2) Regulations 112 and 113 of the 2002 Regulations shall apply instead of Part I of Schedule D5 to the 2000 Regulations to a rejoining pensioner and a rejoining deferred member.

Combined benefits

4.—(1) An active deferred member, an active pensioner or a former active pensioner may not make an election under Part II of Schedule D5 to the 2000 Regulations on or after the commencement date, but he may make an election under regulation 31(1) of the 2002 Regulations.

(2) A rejoining pensioner or a rejoining deferred member or a former such person may not make an election under Part II of Schedule D5 to the 2000 Regulations on or after the date on which he becomes an active member again, but he may make an election under regulation 31(1) of the 2002 Regulations.

(3) Where an election has been made under Part II of Schedule D5 to the 2000 Regulations on or after the commencement date by a person who later becomes unable to make such an election by virtue of sub-paragraph (2)–

(a) that election shall continue to have effect; and

(b) that Part of that Schedule shall continue to apply,

unless he makes an election under regulation 31(1) of the 2002 Regulations affecting the pension in question.

(4) If he does so, regulation 31(1) to (8) of the 2002 Regulations shall apply and the saved provisions shall cease to apply to him as respects the pension in question.

Separate benefits and dependants' benefits

5.—(1) This paragraph applies where an active pensioner, a rejoining pensioner, an active deferred member or a rejoining deferred member or a former such person does not make an election under regulation 31(1) of the 2002 Regulations.

(2) Regulation 31(9) of those Regulations shall apply in relation to him instead of paragraph 16 of Schedule D5 to the 2000 Regulations.

(3) When he dies, regulation 50 of the 2002 Regulations (dependants of re-employed pensioners) shall apply instead of Part IV of Schedule D5 to the 2000 Regulations.

(4) But, if he made an election under paragraph 9(1) of Schedule D5 to the 2000 Regulations which continues in effect until his death, regulation 50 of the 2002 Regulations shall apply as if the single pension to which he became entitled by virtue of that election was an unreduced retirement pension within regulation 50(1) of those Regulations.

(5) This sub-paragraph applies if when he dies, by virtue of regulation 50 of the 2002 Regulations, all the benefits payable on his death (except short-term pensions payable under the old provisions or the 2002 Regulations) are calculated on the assumption that he has made an election under regulation 31(1) of the 2002 Regulations.

Members with preserved rights

6.—(1) Where immediately before the commencement date there is an election in force in respect of a member’s benefits under regulation D12(1)(c) of the 2000 Regulations (elections to remain entitled to preserved benefits under regulation D11(1) of those Regulations), for these Regulations he shall be treated as a deferred member (and not as an active member) as respects his rights to preserved benefits and the membership in question (but see the following provisions of this paragraph).

(2) Sub-paragraph (1) is without prejudice to regulation 34(5) of the 2002 Regulations and applies despite the fact that the member–

(a) continues as an active member by virtue of regulation 3; or

(b) becomes an active member again on or after the commencement date (whether immediately before he does so he is a deferred member or a pensioner member).

(3) Sub-paragraph (1) ceases to apply to a person falling within sub-paragraph (2)(b) as respects any part of his former membership which he elects under regulation 34(1) of the 2002 Regulations to aggregate with later membership.

(4) Sub-paragraph (1) also ceases to apply if any person falling within that sub-paragraph makes an election under regulation 31(1) of the 2002 Regulations.

(5) Where sub-paragraph (4) applies, the member shall cease to be entitled to count under the saved provisions any period of membership to which he is entitled under the old provisions but as respects which he elected under regulation D12(1)(c) of the 2000 Regulations to remain entitled to preserved benefits.

(6) He shall instead be entitled to count that period as a period of membership for the purposes of regulation 8(1)(d) of the 2002 Regulations.

(7) But regulations 8 to 10 shall apply as to the adjustment of the length of that period as if it had been a period which he was entitled to count by virtue of regulation 6.

Elections for aggregation: members rejoining the day before the commencement date

7.  Where on the day before the commencement date a member was eligible to make an election under regulation D12(1)(c) of the 2000 Regulations by reason of having re-entered local government employment in the period of three months ending at that time, but had not done so–

(a) he may make an election under regulation 34(1) of the 2002 Regulations at any time whilst he remains an active member in that employment; but

(b) if he does not make such an election before he ceases to be such a member in that employment, he shall be treated for the purposes of these Regulations as if he had made an election under regulation D12(1)(c) of the 2000 Regulations on the day before the commencement date as respects all the membership as to which he could have made that election.

Limitations on benefits

8.—(1) Where an active pensioner, a rejoining pensioner, an active deferred member or a rejoining deferred member has not made an election under regulation 31(1) of the 2002 Regulations–

(a) Part III of Schedule C4 to the 2000 Regulations (limitations on benefits) shall continue to apply as respects the benefits derived from his membership before the commencement date; and

(b) Schedule 4 to the 2002 Regulations shall only apply as respects his membership after that date.

(2) Sub-paragraph (1) ceases to apply to an active deferred member or a rejoining deferred member as respects any part of his former membership which he elects under regulation 34(1) of the 2002 Regulations to aggregate with later membership; and accordingly Schedule 4 to the 2002 Regulations shall apply as respects all benefits payable to or in respect of him in relation to the membership aggregated.

Continuity of elections by certain rejoining deferred members

9.—(1) This sub-paragraph applies where a rejoining deferred member–

(a) becomes an active member again–

(i) before the expiry of the period of 12 months beginning with the date he ceased to be an active member, and

(ii) before becoming entitled to the immediate payment of benefits under the 2000 Regulations;

(b) immediately before ceasing to be an active member was making payments under an election made under regulation C9 or C13 of the 2000 Regulations; and

(c) elects under regulation 34(1) of the 2002 Regulations.

(2) Where sub-paragraph (1) applies the member may pay his employing authority in the employment in which he is an active member an amount equal to the amount which would have been payable if he had continued to be an active member and to make those payments.

(3) That amount must be paid before the expiry of the period of three months beginning with the date he becomes an active member again.

(4) If he pays his employing authority that amount–

(a) that payment shall be treated as having been made under regulation 57 of the 2002 Regulations; and

(b) that election shall be treated as having been made under that regulation as respects so much of the period of membership as he may not count by virtue of regulation 7 (and accordingly the amount of his additional contributions shall be determined under regulation 57 of the 2002 Regulations).

(5) Sub-paragraph (1) does not apply if the member–

(a) has received a return of contributions which includes additional contributions under regulation C9 of the 2000 Regulations made under the election mentioned in sub-paragraph (1)(b); or

(b) has requested such a return of contributions.

Regulation 20

SCHEDULE 3 AMENDMENTS TO THE LOCAL GOVERNMENT PENSION SCHEME REGULATIONS (NORTHERN IRELAND) 2000

1.  The 2000 Regulations shall be amended as provided by paragraphs 2 to 4.

2.  In regulation B13, after paragraph (2) add–

“(3) Periods of membership before and after any unpaid period of maternity absence or period of parental leave in respect of which the member does not pay any contributions shall be treated as continuous.”.

3.  For regulation C6 there shall be substituted the following–

“C6.— (1) If a person who is a member or has applied to be a member goes on maternity leave, she must make contributions at the standard contribution rate, as respects any part of her period of maternity absence for which she is a member and entitled to receive pay (including any statutory maternity pay payable to her under the Social Security Contributions and Benefits (Northern Ireland) Act 1992), on that pay.

(2) That pay includes any such statutory pay but not any amount by which her actual pay is reduced on account of her possible entitlement to such statutory pay.

(3) If a person who is a member or has applied to be a member–

(a) goes on ordinary maternity leave; and

(b) is not entitled to receive pay (including statutory maternity pay payable to her under the Social Security Contributions and Benefits Act (Northern Ireland) 1992) for all or any part of that period of leave,

for these Regulations she shall be treated as if she had paid contributions under paragraph (1) for the unpaid period of that ordinary maternity leave and on the pay that she would have received during that period but for her absence.

(4) If–

(a) a person who is a member or has applied to be a member is on maternity leave, other than ordinary maternity leave; and

(b) for the whole or part of the period of her maternity absence (“the unpaid period”) she is not entitled to receive pay (including any statutory maternity pay payable to her under the Social Security Contributions and Benefits (Northern Ireland) Act 1992) but is a member,

she may elect to make contributions at the standard contribution rate as respects the unpaid period, as if her pay in the employment were equal to the pay she was entitled to receive immediately before the unpaid period begun (including any such statutory pay, but not any amount by which her actual pay is reduced on account of her possible entitlement to such statutory pay).

(5) An election under paragraph (4) shall be made by notice in writing to the employing authority given before the expiry date of the period of 30 days beginning with the earlier of–

(a) the day on which the member returns to duty; and

(b) the day on which she ceases to be employed by that employing authority.”.

4.  In Schedule A1–

(a) after the definition “Officer” insert–

• ““Ordinary maternity leave” means, for any period prior to 24th September 1996, leave under Article 15 of the Industrial Relations (No. 2) (Northern Ireland) Order 1976(2) and for any period commencing on or after 24th September 1996, leave under Part IX of the Employment Rights (Northern Ireland) Order 1996(3);”;

(b) after the definition “The Order of 1972” insert–

““parental leave” means leave under regulation 13(1) of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999(4);”.

Regulations 2(1) and 21

SCHEDULE 4 MINOR AND CONSEQUENTIAL AMENDMENTS

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

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

2.  In regulation 1(2)–

(a) in the definition of “admitted employee” for “regulation B6(15)” substitute “regulation 4(15)”; and

(b) in the definition of “the principal Regulations” for “the Local Government Pension Scheme Regulations (Northern Ireland) 2000” substitute “the Local Government Pension Scheme Regulations (Northern Ireland) 2002”.

3.  In regulation 2 for “regulation B6(3)” substitute “regulation 4(3)” and for “regulation B6” substitute “regulation 4”.

The Local Government Pension Scheme Regulations (Northern Ireland) 2000

4.  The 2000 Regulations(5) shall be amended as provided by paragraphs 5 to 22.

5.  In regulation D8(4) after the words “regulation J3 (decisions as to benefits)” insert the words “or regulation 98 of the 2002 Regulations (first instance decisions)”.

6.  In regulation D12–

(a) in paragraph (1)(a)(i) after the words “regulation C21” insert the words “or regulation 88 of the 2002 Regulations”; and

(b) in paragraph (1)(a)(ii) after the words “regulation K14” insert the words “or regulation 124 of the 2002 Regulations”.

7.  At the end of regulation D15 insert the words “or, as the case may be, the corresponding provisions of the 2002 Regulations (in accordance with Schedule 2 to the Transitional Regulations)”.

8.  In regulation D16(10)–

(a) after the words “these regulations” insert the words “or the 2002 Regulations or the Transitional Regulations”;

(b) at the end of sub-paragraph (a) insert the words “or regulation 112 or 113 of the 2002 Regulations (abatement) or any provision of the Transitional Regulations relating to those provisions”;

(c) in sub-paragraph (b) after the words “regulation H4” insert the words “or regulation 114 of the 2002 Regulations or regulation 117 of those Regulations (so far as it relates to regulation 114)”; and

(d) in sub-paragraph (c) after the words “regulation H5” insert the words “or regulation 51 of the 2002 Regulations.”

9.  In regulation D20–

(a) after the words “Schedule C4 (limitations on contributions and benefits)” insert the words “or, as the case may be, the corresponding provisions of the 2002 Regulations (in accordance with Schedule 2 to the Transitional Regulations)”; and

(b) for the words “Part H” substitute the words “regulation H2 and regulations 51, 52, 95 to 97 and 114 to 118 of the 2002 Regulations.”.

10.  In regulation E4(6)–

(a) in paragraphs (1)(b) and (2), after the words “Schedule D5 (re-employed pensioners)” in both places where they occur, insert the words “or regulation 113 (abatement) of the 2002 Regulations”; and

(b) in paragraph (2) after the words “Schedule D5” in the second place where they occur, insert the words “or regulation 113 (abatement) of the 2002 Regulations”.

11.  In regulation E6 at the end add the words “or, as the case may be, the corresponding provisions of the 2002 Regulations (in accordance with Schedule 2 to the Transitional Regulations)”.

12.  In regulation F1(2) after the words “Schedule D5 (re-employed pensioners)” insert the words “or, as the case may be (in accordance with Schedule 2 to the Transitional Regulations), regulation 50(4) of the 2002 Regulations”.

13.  In regulation F2(2) after the words “Schedule D5 (re-employed pensioners)” insert the words “or, as the case may be (in accordance with Schedule 2 to the Transitional Regulations), regulation 50 of the 2002 Regulations”.

14.  In regulation F4(1)(b) and (2)–

(a) after the words “regulation H6” insert the words “or, as the case may be, regulation 52 of the 2002 Regulations”; and

(b) after the words “Schedule D5 (re-employed pensioners)” insert the words “ or, as the case may be, regulation 113 (abatement) of the 2002 Regulations”.

15.  In regulation F5–

(a) in paragraph (2) after the words “Schedule D5 (re-employed pensioners)” insert the words “or, as the case may be, regulation 113 (abatement) of the 2002 Regulations”; and

(b) for paragraph (3)(c) for the words from “regulation H6 or Part I of Schedule D5” substitute “regulation H6 or as the case may be, regulation 52 of the 2002 Regulations or Part 1 of Schedule D5 or, as the case may be, regulation 113 (abatement) of the 2002 Regulations”.

16.  At the end of regulation F9 add the words “or, as the case may be, regulation 50 of the 2002 Regulations (in accordance with Schedule 2 to the Transitional Regulations)”.

17.  In regulation F10(3)–

(a) after the words “these regulations” insert the words “or the 2002 Regulations or the Transitional Regulations”;

(b) in sub-paragraph (a) after the words “regulation H4” insert the words “or regulation 114 of the 2002 Regulations or regulation 117 of those Regulations (so far as it relates to regulation 114)”; and

(c) in sub-paragraph (b) after the words “regulation H5” insert the words “or regulation 51 of the 2002 Regulations”.

18.  In regulation G3(5)(b) after the words “Schedule D5 (re-employed pensioners)” insert the words “or, as the case may be, regulation 113 (abatement) of the 2002 Regulations”.

19.  In regulations G6(1)(b) and (3) and G7(1)(b)–

(a) after the words “regulation H6” insert the words “or, as the case may be, regulation 52 of the 2002 Regulations”; and

(b) after the words “Schedule D5” insert the words “or, as the case may be, regulation 113 (abatement) of the 2002 Regulations”.

20.  In regulation G12 after the words “Schedule D5 (re-employed pensioners)” insert the words “or, as the case may be, regulation 50 of the 2002 Regulations (in accordance with the Transitional Regulations)”.

21.  In Schedule A1–

(a) after the definition of “The 1992 regulations” insert–

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

(b) after the definition of “The Transitional Provisions Regulations” insert–

““The Transitional Regulations” means the Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002;”.

22.  In paragraph 4 of Schedule B1 after the words “Schedule D5”, wherever they occur, insert the words “or, as the case may be, regulation 31(1) to (8) of the 2002 Regulations”.

The Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001

23.  The Local Government (Discretionary Payments) Regulations (Northern Ireland) 2001(7) shall be amended as provided by paragraphs 24 to 43.

24.  In regulation 2–

(a) in paragraph (1)–

(i) for the definition of “the LGPS Regulations” substitute–

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

(ii) after the definition of “the 1992 Regulations” insert–

““the 2000 Regulations” means the Local Government Pension Scheme Regulations (Northern Ireland) 2000;

“the Transitional Regulations” means the Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002;”;

(iii) after the definition of “LGPS member” insert–

““pensionable remuneration” means pay within the meaning of regulation 12 of the LGPS Regulations;”;

(b) at the end of paragraph (2) add the words “or, if the expression is not defined in those Regulations, in the 2000 Regulations”; and

(c) in paragraph (3) after the words “1992 Regulations” in both places where they occur, insert the words “or the 2000 Regulations”.

25.  In regulation 4–

(a) in paragraph (1) in the definition of “occupational pension” after the words “LGPS Regulations”, in both places where they occur, insert the words “or the 2000 Regulations”; and

(b) in paragraph (3) for the words “regulation B5(1)” substitute the words “regulation 129(1)”.

26.  In regulation 5(1)–

(a) in sub-paragraph (b)(i) for the words “regulation D6(2)(a)” substitute the words “regulation 28(1)(b)”;

(b) for sub-paragraph (e) substitute–

“(e) on that date the aggregate of–

(i) his total period of membership, and

(ii) any periods of superannuable membership (as defined in regulation 9 of the LGPS Regulations) and any increase in membership under regulation 11 of the Transitional Regulations,

amounts to at least 5 years;”.

27.  In regulation 6–

(a) in paragraph (1)(c)(ii) after the words “regulation B10” insert the words “of the 2000 Regulations or regulation 6”;

(b) in paragraph (1)(d) after the words “regulation B12” insert the words “of the 2000 Regulations or regulation 7”;

(c) for paragraphs (2)(c) and (d) substitute–

“(c) that any election or determination which, on the assumptions mentioned in sub-paragraphs (a) and (b), might have been made with respect to a period of special service under paragraph 2 of Schedule D1 to the 2000 Regulations (optional alternative relevant periods for calculating pensionable remuneration)–

(i) in the circumstances mentioned in paragraph 3 of Schedule D1 to the 2000 Regulations had been made; and

(ii) in the circumstances mentioned in paragraph 4 or 5 of Schedule D1 to the 2000 Regulations or regulation 23 or 24 of the LGPS Regulations had not been made; and

(d) that paragraph 6(b) of Schedule D1 to the 2000 Regulations did not apply with respect to a period of special service.”.

28.  In regulation 7(1), for sub-paragraph (c) substitute–

“(c) the aggregate of his total period of membership and any periods which count as periods of superannuable membership (as defined in regulation 9 of the LGPS Regulations) and any increase in membership under regulation 11 of the Transitional Regulations apply (or, if he is an assumed member, would count or, as the case may be, apply or be awarded apart from a relevant disqualification and on the relevant assumptions); or”.

29.  In regulations 8(2) and 9(2)–

(a) in sub-paragraph (a) for the words from “regulation D6” to “satisfied” substitute the words “regulation 28 of the LPGS Regulations”; and

(b) in sub-paragraph (b) for the words “regulation D6(2)(a)” substitute the words “regulation 28(1)(b)”.

30.  In regulation 10–

(a) in paragraph (1)(c)(ii) for the words “regulation D6(1)” substitute the words “regulation 28”; and

(b) in paragraph (2)(a) for the words “Part D” substitute the words “Part II”.

31.  In regulation 15–

(a) in paragraph (3) for sub-paragraph (a) substitute–

“(a) a pension under regulation 26, 28, 29 or 33 of the LPGS Regulations (including a single pension under regulation 31 of those Regulations); or”; and

(b) in paragraph (7) for the words from “paragraph 5 of Schedule D5” to the end substitute “no regard shall be had to regulation 113 (abatement) of the LGPS Regulations.”.

32.  In regulation 16–

(a) in paragraph (3) for the words “Part D” substitute the words “Part II”; and

(b) in paragraph (4) for the words “paragraph 4(7) of Schedule B1 to” substitute the words “regulation 8(4) of”.

33.  In regulation 17(4) for the words “regulation D2” substitute the words “regulations 19 and 56”.

34.  In regulation 18–

(a) in paragraphs (1) and (6) for the words “regulation D14” substitute the words “regulation 36”; and

(b) in paragraph (3) for the words “regulation D6(2)(a)” substitute the words “regulation 28”.

35.  In regulation 19–

(a) in paragraph (1)(a) for the words “Part F” substitute the words “regulations 42 to 45”; and

(b) in paragraph (3) for the words “regulation F6(2)” substitute the words “regulation 44”.

36.  In regulation 20(2)(b) for the words “regulation D7(1)(b)” substitute the words “regulation 29(1)”.

37.  In regulation 21(1)(a) and (2)(a) for the words “regulation G4 or G7”substitute the words “regulation 47”.

38.  In regulation 23(1)(a) and (2)(a) for the words “regulation G3, G5 or G6” substitute the words “regulation 48”.

39.  In regulation 24–

(a) in paragraph (3)(b) for the words “regulation D7(1)(b)” substitute the words “regulation 29(1)”; and

(b) in paragraph (5)(b)(i) for the words “regulation G10(1)” substitute the words “regulation 48(11)”.

40.  In regulation 25(1) and (2) for the words “regulation G11” substitute the words “regulation 49”.

41.  In regulations 28(2) and 31(6), omit the words “Without prejudice to any statutory provision to the contrary,”.

42.  In regulation 35–

(a) in paragraph (1)(b)–

(i) for the words “Part D” substitute the words “Part II”; and

(ii) for the words “paragraph 4(1) of Schedule D1 to” substitute the words “regulation 24(1) of”; and

(b) in paragraph (1)(c) for the words “relevant period for the purposes of regulation D1 of” substitute the words “final pay period for”.

43.  In paragraph 8 of Schedule 3, for the words from “Parts D” to the end of the paragraph substitute the words “the LPGS Regulations were references to the 2000 Regulations as modified by paragraphs 2 and 3 of Schedule F1 to those Regulations.”.

Regulations 22(1) and 23

SCHEDULE 5 TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS

1.  In this Schedule–

(a) “the former provisions” means any provisions which by virtue of these Regulations cease to apply to any person at any time; and

(b) references to the revocation of any provision shall be taken to include its ceasing to apply to any person or in any situation (and related expressions shall be construed accordingly).

2.—(1) The substitution of the 2002 provisions for the former provisions does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of any of the former provisions has effect, if it could have been done under or for the purposes of the corresponding provision of the 2002 provisions, as if done also under or for the purposes of that corresponding provision.

(3) Any reference, whether express or implied, in the 2002 provisions or any other instrument or document to a provision of the 2002 provisions shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the former provisions has effect, a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any provision of the former provisions or in any other instrument or document to a provision of the former provisions shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the 2002 provisions.

(5) Any document made, served or issued after the 2002 provisions come into operation in relation to any person which contains a reference to any of the former provisions shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the 2002 provisions.

(6) Where any provision of the former provisions (“the re-enacting provision”) re-enacted, with or without modification, a previous provision revoked by the 2000 Regulations or any other former provision, then, so far as is necessary to prevent the continuity of the law from being affected, any reference in the 2002 provisions or in any other instrument or document to the re-enacting provision shall, so far as the context permits, be construed as including a reference to that previous provision.

(7) Where by virtue of paragraph 2(6) of Schedule M2 to the 2000 Regulations any reference to such a previous provision includes a reference to any earlier provision, sub-paragraph (6) applies so as to include a reference to that earlier provision too.

3.—(1) Where–

(a) any provision continues to have effect in relation to any person by virtue of these Regulations; and

(b) on the day before the commencement date it has effect in relation to him subject to any saving, transitional provision or modification,

nothing in these Regulations affects the operation of that saving, transitional provision or modification.

(2) The revocation by these Regulations of any provision previously revoked subject to savings does not affect the continued operation of those savings, in so far as they remain capable of having effect.

4.—(1) If any person to whom a relevant benefit is or may become payable would, apart from this paragraph, be placed in a worse position in relation to that benefit than that he would have been in had these Regulations not been made and makes an election under this paragraph, these Regulations shall have effect, in relation to him and to that benefit, as if they had provided for his position to continue without amendment (but see sub-paragraph (4)).

(2) An election under sub-paragraph (1) must be made by notice in writing given to the Committee before the expiry of the period of six months beginning with the commencement date.

(3) In this paragraph–

• “relevant benefit” means a benefit payable to, or in respect of, a person who before the commencement date–

  (a)

  left an employment in which he was an active member (whether or not he has subsequently become an active member again); or

  (b)

  died while in such employment; and

• “benefit” includes a return of contributions and any pension payable to a widow, widower or any dependant by virtue of a surrender.

(4) If an election under sub-paragraph (1) is made in relation to a benefit in respect of a person who is an active member, or subsequently becomes an active member again–

(a) the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue–

(i) of periods of membership before he left the employment referred to in sub-paragraph (a) of the definition of “relevant benefit” (or, if he left such an employment more than once, the last time he left before the commencement date); or

(ii) of contributions paid in respect of such periods of membership; and

(b) in determining entitlement to, or the amount of, the benefit to that extent, he shall be treated as if he had never become an active member again at any time after he so left (but without prejudice to the application of this paragraph);

and these Regulations shall have effect accordingly.

(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)

(2)

S.I. 1976/2147 (N.I. 28)

(3)

S.I. 1996/1919(N.I. 16); section 70C was inserted by the Employment Relations (Northern Ireland) Order (S.I. 1999/2790 (N.I. 9) paragraph 3, Part III of Schedule 4

(4)

S.R. 1999 No. 471

(5)

S.R. 2000 No. 177; amended by S.R. 2001 No. 61, S.R. 2001 No. 63, S.R. 2001 No. 64 and S.R. 2002 No. 115

(6)

Regulation E4 was substituted by S.R. 2001 No. 63, regulation 5

(7)

S.R. 2001 No. 279