Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009

[F1 6.   For paragraphs (1) to (4) of regulation 20, (early leavers: ill-health) substitute— N.I.

“20.— (1) Where a councillor member, who has a total membership of at least one year, ceases to be a member of his council on grounds that—

(a) his ill-health or infirmity of mind or body renders him permanently incapable of discharging efficiently the duties of that office; and

(b) he has a reduced likelihood of being capable of undertaking gainful employment (whether in local government or otherwise) before his normal retirement,

the Committee may, at the request of the employing authority, determine that his retirement pension comes into payment before his normal retirement age in accordance with this regulation in the circumstances set out in paragraph (2), or (3), as the case may be.

(2) If the Committee determines that there is no reasonable prospect of him being capable of undertaking [F2 any gainful employment] because of his ill-health before his normal retirement age his benefits are increased—

(a) as if the date on which he leaves that office were his normal retirement age; and

(b) by adding to his total membership at that date the whole of the period between that date and the date on which he would have retired at normal retirement age.

(3) If the Committee determines that he has a reasonable prospect of being capable of undertaking any gainful employment before his normal retirement age, his benefits are increased—

(a) as if the date on which he leaves that office were his normal retirement age; and

(b) by adding to his total membership at that date 25% of the period between that date and the date on which he would have retired at normal retirement age.

(4) Where the Committee, at the request of the employing authority, is considering whether a person who has ceased to be a member of his district council is entitled to benefit under this regulation, it shall refer for decision to an independent registered medical practitioner qualified in occupational health medicine, appointed by the Committee, as to whether in his opinion, expressed as a certificate, the member is suffering from a condition that renders him permanently incapable of discharging efficiently the duties of that office because of ill-health or infirmity of mind or body and, if so, whether as a result of that condition he—

(a) has no prospect of being capable of undertaking any gainful employment before his normal retirement age; or

(b) has a reasonable prospect of being capable of undertaking any gainful employment before his normal retirement age.”.]

Textual Amendments

F1 Regulations revoked in pt. (1.4.2015) by The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/189), regs. 1(1), 2, Sch. 2 (with reg. 3)

F2 Words in Sch. para. 6 substituted (with effect in accordance with reg. 1(2)(b) of the amending Rule) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/183), regs. 1(1), 16