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There are currently no known outstanding effects for the The Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2023, Section 12.
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12.—(1) This regulation applies to a person with remediable service—
(a)who was divorced, or dissolved a civil partnership, before 1st October 2023 and in respect of that divorce or dissolution, has a pension sharing order with an effective date on or after 1st April 2015 but before 1st October 2023; and
(b)whose relevant benefits were, because of that divorce or dissolution of civil partnership, calculated for the purpose of Article 26 (creation of pension debits and credits) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (“the original calculation”).
(2) The cash equivalent value of the person’s relevant benefits for the purpose of Article 26 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 is to be recalculated as at the date on which the original calculation was made in accordance with actuarial guidance issued by the Department.
(3) Where one of the dates set out in regulation 4H(1) (statutory underpin: final underpin date) of the Transitional Regulations occurred in relation to the person before the date on which the pension sharing order in respect of their divorce, or dissolution of their civil partnership took effect—
(a)regulations 4A to 4T of the Transitional Regulations are to be applied to the person; and
(b)the recalculation must take into account any final guarantee amount to which the person is entitled.
(4) Where one of the dates set out in regulation 4G (statutory underpin: underpin date) of the Transitional Regulations occurred in relation to the person before the date on which the pension sharing order in respect of their divorce or the dissolution of their civil partnership took effect but not one of the dates in regulation 4H of those Regulations—
(a)regulations 4A to 4T of the Transitional Regulations are to be applied to the person; and
(b)the recalculation must take into account the provisional assumed benefits and provisional underpin amount calculated under regulations 4I (statutory underpin: calculation of provisional assumed benefits) and 4J (statutory underpin: calculation of provisional underpin amount) of the Transitional Regulations, respectively.
(5) If the recalculated cash equivalent value exceeds the original calculation, the annual pension deriving from the pension credit awarded to their spouse or civil partner (“the pension credit member”) is to be recalculated based on the recalculated cash equivalent value and on the same basis as that which applied for the purposes of the original calculation.
(6) If the pension credit member’s pension is in payment on 1st October 2023—
(a)it is to be recalculated based on the recalculated pension credit; and
(b)the difference between the recalculated annual pension and the pension in payment is to be added to the retirement pension account, from the date that they first took payment of the pension.
(7) In this regulation—
“pension sharing order” has the meaning given in Schedule 1 (interpretation) of the 2014 Regulations; and
“relevant benefits” has the same meaning as in of Article 26 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.
Commencement Information
I1Reg. 12 in operation at 1.10.2023, see reg. 1(1)
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