2012 No. 183
Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2012
Made
Coming into operation
The Department of the Environment makes these Regulations in exercise of the powers conferred by Articles 9 and 14 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 19721 and now vested in it2.
In accordance with Article 9 of that Order the Department has consulted with the Northern Ireland Local Government Association, the Northern Ireland Local Government Officers’ Superannuation Committee and such representatives of other persons likely to be affected by the Regulations as appeared to it to be appropriate.
Citation, commencement and retrospection1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2012 and except as provided for by paragraph (2), shall come into operation on 1st June 2012.
Amendment of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009
2
3
In regulation 3(9) (contributions payable by active members) for “after” substitute “on and after”.
4
For regulations 4(2)(f) and 4(2)(g) (meaning of “pensionable pay”) substitute—
f
any payment to buy out an existing term or condition of employment;
g
any amount treated as the money value to the employee of the provision of a motor vehicle or any amount paid in lieu of such a provision; or
h
any award of compensation (excluding any sum representing arrears of pay) for the purposes of achieving equal pay in relation to other employees.
5
In regulation 6 (periods of membership) for “These are” substitute “Subject to regulation 11 (periods of membership) of the Administration Regulations these are”.
6
In regulation 7(3) (calculation of length of periods of membership) for “Membership” substitute “Except for the purposes of regulation 5(1)(a), membership”.
7
In regulation 10 (final pay: reductions)—
a
in paragraph (1) for “(3).” substitute “(3) by giving notice in writing to the Committee no later than one month prior to the date on which he ceases active membership or within such period as the Committee may determine.”;
b
after paragraph (1) insert—
1A
Where a member to whom paragraph (1) applies dies without giving notice, the Committee may give notice on his behalf (whether or not the period within which he could have given notice has expired).
c
in paragraph (2) for sub-paragraphs (a) and (b) substitute—
a
commences before the beginning of the period of 10 years ending with his last day as a active member;
b
immediately follows a period in which he occupies a post on a temporary basis; or
c
is because he chooses to take flexible retirement under regulation 18 (flexible retirement).
8
In regulation 17(1) (retirement after normal retirement age) after “local government employment” insert “or who joins the Scheme”.
9
In regulation 18 (flexible retirement)—
a
after paragraph 3 insert—
3A
If the payment of benefits referred to in paragraph (1) takes effect after the member’s 65th birthday, the benefits shall be enhanced in accordance with guidance issued by the Government Actuary.
b
in paragraph (7) after “calculation of his benefits under” insert “this regulation,”.
10
In regulation 20 (early leavers: ill-health)—
a
in paragraphs (1)(b), (2), (3), (4)(a) and (4)(b) for “obtaining” substitute “being capable of undertaking”; and
b
for paragraph (7) substitute—
7
But if, in the case of a person who is a member before 1st April 2009 and who—
a
has attained the age of 45 before that date;
b
has had continuous membership; and
c
has not received any benefits in respect of that membership,
the period to be added under paragraph (2)(b) or (3)(b) is less than the period that would have been added had regulation 30 (amounts of ill-health pension and grant) of the 2002 Regulations applied, then his benefits are increased by adding the latter period.
11
In regulation 23 (death grants: active members)—
a
in paragraph (4) for “But in calculating death grant” substitute “But, subject to paragraph (4A), in calculating death grant”; and
b
after paragraph (4) insert—
4A
Where, in the opinion of the independent registered medical practitioner the member was, at the date of death, wholly or temporarily in part-time service as a result of the condition that caused or contributed to the member’s death, no account shall be taken of any reduction in pay due to such reduction in service as is attributable to that condition.
12
For regulation 24(2) (survivor benefits: active members) substitute—
2
Subject to the provisions listed in paragraph (2A), the pension is calculated by multiplying the member’s total membership, augmented as if regulation 20(2) applied, by his final pay and divided by 160.
2A
The provisions mentioned in paragraph (2) are—
a
regulations 14 (election to pay additional regular contributions (ARCs)), 14A (election to pay additional contributions: survivor benefits) and 15 (elections to pay additional voluntary contributions (AVCs));
b
regulations 19 (payment of additional regular contributions), 20 (discontinuance of ARCs), 21 (additional voluntary contributions and shared cost additional voluntary contributions) and 22 (use of accumulated value of AVCs and SCAVCs) of the Administration Regulations; and
c
regulation 82 (pension debit member) of the Administration Regulations.
2B
Where in the opinion of the independent registered medical practitioner the member was at the date of death, wholly or temporarily in part-time service as a result of the condition that caused or contributed to his death, no account shall be taken of any reduction in membership due to such reduction in service as is attributable to that condition.
13
In regulation 29(5) (calculation on leaving early), delete “, or any part of it,”.
14
In regulation 31(2) (early payment of pension: ill-health) for “obtaining” substitute “being capable of undertaking any”.
15
In regulation 39(1) (commutation: small pensions) for “a trivial commutation lump sum within the meaning of section” substitute “a trivial commutation lump sum within the meaning of sections 164(1)(f) or”.
16
In the Schedule (councillor members) at Part 2 (benefits), in paragraph 6, in regulation 20(2) for “the duties of that office” substitute “any gainful employment”.
Amendments to the Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009
17
18
After regulation 11(5) (periods of membership) insert—
6
A period of membership as a—
a
qualifying member between 1st January 1995 and 30th November 2007; and
b
newly qualifying member between 1st January 1995 and 6th February 2009,
shall be calculated for the purposes of these Regulations and the Benefits Regulations, in accordance with regulations 10 (length of period of membership: calculation of benefit) and 19 (calculations) of the 2002 Regulations5.
7
In this regulation—
“qualifying member” means a member who is party to the Agreement;
“newly qualifying member” means a member who is employed as a classroom assistant by a voluntary grammar school or a grant maintained integrated school within the meaning of the Education Reform (Northern Ireland) Order 1989; and
“the Agreement” means the Collective Agreement for the Joint Negotiating Council of the Education and Library Boards dated 30th November 2007.
19
For regulation 13(1) (concurrent employments) substitute—
13
1
Where a person ceases to be an active member in one employment (“the first employment”)—
a
in respect of which he has at least three months’ total membership; or
b
in respect of which he has an entitlement to benefits under regulation 5 (benefits) of the Benefits Regulations, and
continues as an active member in another employment which was held concurrently with the first employment, the person may elect to have the former membership in respect of the first employment aggregated with membership in that other employment.
20
In regulation 22 (use of accumulated value of AVCs and SCAVCs)—
a
in paragraph (2), for “paragraph (1)(a)(i) must notify his employing authority” substitute “paragraph (1)(a)(i) or (b) must notify the Committee”;
b
in paragraph (4) for “paragraph (1)(a)(ii) or (1)(c)” substitute “paragraph (1)(a)(i), (1)(a)(ii) or (1)(c)”;
c
for paragraph (7) substitute—
7
In the case of a person mentioned in paragraph (1)(b) the employing authority must, as soon as possible, inform the Committee that the person has stopped being an active member.
d
in paragraph (8), delete “or with paragraph (7)(b)”; and
e
after paragraph (8) insert—
9
In the event that a member dies before the policy is entered into, the accumulated value is payable to his personal representatives.
10
If the Committee has not made payments under paragraph (9) equalling in aggregate the accumulated value before the expiry of 2 years—
a
beginning with the date of his death; or
b
beginning with the date on which the Committee could reasonably be expected to have become aware of the member’s death,
it must pay an amount equal to the shortfall to the member’s personal representatives.
21
After regulation 47 (payments due in respect of deceased persons), insert—
Payments for persons incapable of managing their affairs47A
1
Where it appears to the Committee that a person other than an eligible child is entitled to the payment of benefits under the Scheme but is, by reason of mental disorder or otherwise, incapable of managing his affairs—
a
the Committee may pay the benefits or any part of them to a person having the care of the person entitled, or such other person as the Committee may determine, to be applied for the benefit of the person entitled as the Committee may direct; and
b
in so far as the Committee does not pay the benefits in that manner, the Committee may apply them in such manner as the Committee may determine, for the benefit of the person entitled or his beneficiaries.
2
In this regulation, “eligible child” shall be construed in accordance with regulation 26 (meaning of “eligible child”) of the Benefits Regulations.
Sealed with the Official Seal of the Department of the Environment on 3rd May 2012.
(This note is not part of the Regulations)