Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2010

Amendment of the Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009

32.  After regulation 20 (discontinuance of ARCs) insert—

“Payment of additional contributions: survivor benefits (ASBCs)

20A.— (1) A member who wishes to pay additional contributions under regulation 14A (election to pay additional contributions: survivor benefits) of the Benefits Regulations must make a request to do so, in writing, to the Committee.

(2) A copy of the request must be sent to the member’s employing authority (if different) and must state the length of period (“the ASB payment period”) over which the member wishes to pay additional survivor benefits contributions (“ASBCs”).

(3) Before agreeing to the request the Committee may pass a resolution requiring the member—

(a) to satisfy it that the member is in reasonable health; and

(b) to produce to it a report, by an independent registered medical practitioner approved by the Committee, of the results of a medical examination (obtained at the member’s own expense),

and if the Committee is not satisfied, it may refuse the member’s request.

(4) The ASB payment period must end before the member’s normal retirement age.

(5) The member may only pay ASBCs if the Committee notifies the member in writing that it agrees to the request.

(6) The Government Actuary shall from time to time determine the amount of ASBCs required for any given amount of increased pension and may determine different amounts of ASBCs—

(a) for—

(i) persons of different ages; or

(ii) men or women; or

(b) by reference to the length of different payment periods.

(7) Where the Committee agrees to the member’s request—

(a) it must notify the member and the member’s employing authority (if different) of the amount of ASBCs payable in accordance with the Government Actuary’s determination, expressed as—

(i) an amount in pounds sterling; or

(ii) a percentage of pensionable pay; and

(b) the member must pay those ASBCs from the next payment period (as defined in regulation 9(6)) following the date of the Committee’s notification under paragraph (5).

(8) The Government Actuary may from time to time redetermine any amount determined under paragraph (6) and if he does so, the member must pay the redetermined ASBCs from 1st April next following the redetermination.

(9) If the member pays (or is treated under regulation 20B as having paid) ASBCs for the whole of the ASB payment period, the member must be credited with the additional survivor benefits of the amount that those ASBCs purchase.

Discontinuance of ASBCs

20B.— (1) A member—

(a) may stop paying ASBCs before the end of the ASB payment period if the member notifies the Committee and the employing authority (if different) in writing; and

(b) must stop doing so if he ceases to be an active member.

(2) If a member stops paying ASBCs before the end of the ASB payment period—

(a) on leaving their employment on grounds of ill-health where the Committee makes a determination under regulation 20(2) or (3) of the Benefits Regulations; or

(b) on the member’s death,

the member is to be treated as having paid ASBCs up to the end of that period.

(3) If a member stops paying ASBCs and paragraph (2) does not apply, the member must be credited with additional survivor benefits of an amount determined by the Government Actuary, having regard to the ASBCs that were paid before the member stopped paying them.”.