Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009

First instance decisions – general

50.—(1) The employing authority shall decide in relation to each of its employees who is a member—

(a) whether he is a whole-time, variable-time or part-time employee;

(b) which of his emoluments are remuneration on which contributions are payable;

(c) what rate of contribution the employee is liable to pay to the fund or admission agreement fund; and

(d) if he is a part-time employee the proportion which his contractual minimum hours of employment in each week bear to those of a comparable whole-time employment.

(2) In relation to any employment in which a person is a member, the Committee is to decide—

(a) what previous service or employment (if any) he is entitled to count as a period of membership;

(b) whether any, and if so what, periods of service as a part-time employee are included in such period;

(c) what proportion of whole-time service his service during any such period represents;

(d) whether a payment in lieu of contributions has been made or equivalent pension benefits have been assured under Part III of the National Insurance Act (Northern Ireland) 1966(1) in respect of any period of non-participating employment; and

(e) any question about counting additional periods as membership or crediting additional pension.

(3) The questions specified in paragraph (1) shall be decided as soon as is reasonably practicable after—

(a) the person becomes a member;

(b) any change occurs in the number of the member’s regular or casual hours of employment; or

(c) any other material change occurs in or in relation to the employment.

(4) The questions specified in paragraph (2) shall be decided as soon as is reasonably practicable after the person becomes a member of the Scheme in respect of the relevant employment.

(5) Any question as to whether a person is entitled to a benefit under the Scheme shall be decided by the Committee.

(6) Where a person is or may become entitled to benefit payable out of the fund or an admission agreement fund, the Committee shall decide the amount of the benefit.

(7) The decision under paragraph (5) shall be made as soon as is reasonably practicable after the cessation of the employment or, as the case may be, the death of the employee and that under paragraph (6) as soon as is reasonably practicable after the occurrence of the event by virtue of which the entitlement arises or may arise.

(8) In this regulation “benefit” includes a return of contributions and a benefit specified in regulation F6(11) or (14) of the Local Government (Superannuation) Regulations (Northern Ireland) 1992(2), Part N (pension sharing) of the Local Government Pension Scheme Regulations (Northern Ireland) 2000(3) and Part VI (pension sharing) of the 2002 Regulations.

(1)

1966 c. 6 (N.I.).

(2)

S.R. 1992 No. 547; as amended by other instruments listed in Schedule M3 to the Local Government Pension Scheme Regulations (Northern Ireland) 2000 (S.R. 2000 No. 177).

(3)

S.R. 2000 No. 177; as amended by S.R. 2001 No. 61, S.R. 2001 No. 63, S.R. 2001 No. 64, S.R. 2002 No. 115 and S.R. 2002 No. 353.