Schedule A1 GENERAL DEFINITIONS

“The Act of 1922” means the Local Government and other Officers' Superannuation Act 1922^f1;

“The Act of 1937” means the Local Government Superannuation Act 1937^f2

“The Act of 1953” means the Local Government Superannuation Act 1953^f3;

“The Acts of 1937 to 1953” means the Local Government Superannuation Acts 1937 to 1953^f4;

“The 1974 regulations” means the Local Government Superannuation Regulation 1974^f5;

“The 1986 regulations” means the Local Government Superannuation Regulation 1986^f6;

“Actuary” means a Fellow of the Institute of Actuaries or of the Family of Actuaries;

“Added period payment” means a payment made for the purposes of regulation C9 of these regulations, regulation C5 or C6 of the 1986 regulations, regulation D10 of the 1974 regulations, or section 2(1) of the Act of 1953 or any similar provision contained in a local Act scheme;

“Added years” means an additional period which a person has become entitled to count as membership by virtue of—

1. (a)

   paragraph 2(b) of Schedule C6 so far as it applies to the payments mentioned in paragraph 1(4) of that Schedule;

2. (b)

   regulation D6(2) of the 1986 regulations;

3. (c)

   regulation D10 of the 1974 regulations;

4. (d)

   regulation 12 of the Benefits regulations;

5. (e)

   regulation 5 of the Local Government Superannuation (Reckoning of Service on Transfer) Regulations 1954^f7;

6. (f)

   regulation 15(2)(b) of the Local Government Superannuation (England and Scotland) Regulation 1948 to 1954^f8; or

7. (g)

   any similar provision of a local Act scheme;

“Additional contributory payment” means a payment made under—

1. (a)

   paragraph 1(3) of Schedule C6 as it applies in relation to the payments mentioned in paragraph 1(4) of that Schedule;

2. (b)

   regulation D6 or D7 of the 1974 regulations or regulation C9(2) of the 1986 regulations;

3. (c)

   section 2(3) of the Act of 1953 as originally enacted or as having effect as mentioned in regulation A2(2)(c) of the 1986 regulations;

4. (d)

   the Act of 1937 as originally enacted, the Act of 1922 or a local Act scheme, (being a payment made as a condition of being entitled to reckon any service either as service generally or as service of a particular character); or

5. (e)

   proviso (ii) to section 8(2)(b) of the Act of 1937;

“Additional voluntary contributions provision” and “Additional voluntary contributions scheme” have the meanings given in regulation C24;

“Administering authority” means a body required to maintain a pension fund under these regulations;

“Admission agreement” has the meaning given in regulation B7;

“Admission agreement employee” has the meaning given in regulation B7(3);

“Appropriate administering authority” means the body maintaining the appropriate pension fund;

“Appropriate personal pension scheme” means a personal pension scheme for which there is in force a certificate issued in accordance with regulations made under section 7 of the Pension Schemes Act 1993^f9;

“Appropriate policy” means a policy of insurance or annuity contract which provides an annuity which satisfies requirements prescribed under section 95(2(c) of the Pension Schemes Act 1993;

“Appropriate pension fund” has the meaning given in regulation C1;

“Approved non-local government employment” means employment in which a person participates in an approved non-local government scheme;

“Approved non-local government scheme” means a non-local government scheme—

1. (a)

   which is approved under Part XIV of the Income and Corporation Taxes Act 1988^f10; or

2. (b)

   which is approved by the Commissioners of Inland Revenue for the purposes of these regulations;

“Base rate” means the base rate for the time being quoted by the reference banks or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence;

“The Benefits regulations” means the Local Government Superannuation (Benefits) Regulations 1954 and 1955^f11;

“Child” has the meaning given in regulation G1;

“The commencement date” has the meaning given in regulation A1;

“The Common Council” means the Common Council of the City of London;

“Company under the control of a body described in Part I of Schedule B1” has the same meaning as in section 68 or, as the case may be, section 73 of the Local Government and Housing Act 1989^f12 (except that any direction given by the Secretary of State shall be disregarded, and any references to a local authority treated as references to such a body);

“Contracted-out employment” has the same meaning as in the Pension Schemes Act 1993 and “contracted-out”, in relation to a scheme, shall be construed in accordance with that Act;

“The contractual hours” has the meaning given in regulation B3(4);

“The contractual weeks” has the meaning given in regulation B3(4);

“Contributory employee” means a person who was entitled to participate in the benefits of a superannuation fund maintained under Part I of the Act of 1937;

“Death grant” means a death grant payable under Part E;

“Designated institution” means an institution designated under section 129 of the Education Reform Act 1988^f13 or section 28 of the Further and Higher Education Act 1992^f14;

“Disqualifying break of service” means a continuous period of 12 months or longer during no part of which was the person concerned a member, a pensionable employee, contributory employee or local Act contributor;

“Earnings factors” means the earnings factors referred to in section 14 of the Pension Schemes Act 1993;

“Eligible child” has the meaning given in regulation G2;

“Employee” has the meaning given in regulation B1(2);

“Employer’s contribution” means a sum payable under regulation L12(1);

“Employing authority” has the meaning given in regulation B16;

“Employment” shall be construed as including office;

“Enactment” shall be construed as including any instrument made under an Act;

“Equivalent pension benefits” has the meaning given by section 57(1) of the National Insurance Act 1965^f15;

“Fees” includes other payments in the nature of fees;

“Former local authority” means a body, other than a LGPS employer, who were a local authority within the meaning of the Act 1937 as originally enacted;

“The former regulations” means—

1. (a)

   those of the enactments and instruments referred to in paragraph 5(1) of Schedule 7 to the Superannuation Act 1972^f16 and applying to England and Wales that were in force immediately before 1st April 1974,

2. (b)

   the Local Government Superannuation (Miscellaneous Provisions) Regulations 1973^f17, and

3. (c)

   the Local Government Superannuation (Miscellaneous Provisions) (No. 2) Regulations 1973^f18;

“Further education corporation” means a body corporate established under section 15 or 16 of the Further and Higher Education Act 1992 or in respect of which an order has been made under section 47 of that Act;

“Grant-maintained school” means a school which the Secretary of State has a duty to maintain under section 52 of the Education Reform Act 1988;

“Guaranteed minimum” has the same meaning as in the Pension Schemes Act 1993;

“Higher education corporation” means a body corporate established under section 121 or 122 of the Education Reform Act 1988 or in respect of which an order has been made under section 122A of that Act;

“Ill-health retirement grant” has the meaning given in regulation D8;

“Inner London area” has the same meaning as in section 2 of the Justices of the Peace Act 1979^f19;

“The Insurance Acts” means the National Insurance Act 1965 to 1973^f20;

“Insurance code” means the National Insurance Act 1965, the Northern Ireland Act or the Isle of Man Act;

“Interchange rules” means rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948^f21 (pensions of persons transferring to different employment) and any similar instrument made, or having effect as if made, under any other Act which makes similar provision;

“The Isle of Man Act” means the National Insurance (Isle of Man) Act 1961 (an Act of Tynwald);

“Judicially separated” means judicially separated in circumstances in which the husband is not required by the order of any competent court to contribute to the support of his wife;

“Justices' clerk (inner London area)” means a person who, under section 24D, 25 or 34B of the Justices of the Peace Act 1979, has been or is deemed to have been appointed by the magistrates' courts committee for the inner London area or the inner London magistrates' courts committee to be a justices' chief executive or, as the case may be, a justices' clerk;

“Justices' clerk (outside the inner London area)” means a person who, under section 24D or 25 of the Justices of the Peace Act 1979, has been or is deemed to have been appointed by a magistrates' courts committee (other than the committee for the inner London area) to be a justices' chief executive or, as the case may be, a justices' clerk;

“Latest retirement age” and “LRD” have the meanings given in regulation B2;

“LGPS employer” has the meaning given in regulation B1 (and must be construed in accordance with regulation B7(3));

“Local Act contributor” means a person who was entitled to participate in the benefits of a superannuation fund maintained under a local Act scheme;

“Local Act scheme” has the meaning given in regulation K1;

“Local authority” has the same meaning as in the Local Government Act 1972^f22;

“Local education authority” has the same meaning as in the Education Act 1944^f23;

“Local government employment” means—

1. (a)

   in relation to any time before 1st April 1974, employment by virtue of which the person employed was, or is deemed to have been, a contributory employee or a local Act contributor, and

2. (b)

   in relation to any time after 31st March 1974, means employment by virtue of which the person employed is or has been, or is or has been deemed to be a member of the Scheme, or a pensionable employee (within the meaning of the 1986 regulations) or a local Act contributor;

“Manual worker” has the same meaning as in regulation C4(2);

“Member” shall be construed in accordance with Part B;

“National Rivers Authority” has the same meaning as in the Water Act 1989^f24;

“Non-local government scheme” means an occupational pension scheme or other arrangements for superannuation, not being—

1. (a)

   a local Act scheme; or

2. (b)

   an occupational pension scheme provided—

   1. (i)

      in the Acts of 1937 to 1953 and the regulations made under those Acts, or

   2. (ii)

      in the Local Government Superannuation (Scotland) Acts 1937 to 1953^f25 and the regulations made under those Acts, or

   3. (iii)

      in regulations under section 7 of the Superannuation Act 1972,

“Non-participating employment” has the same meaning as in section 56(1) of the National Insurance Act 1965;

“Normal retirement age” and “NRD” have the meanings given in regulation C3(1);

“The Northern Ireland Act” means the National Insurance Act (Northern Ireland) 1959^f26;

“Occupational pension scheme” means an occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 other than—

1. (a)

   a retirement benefits scheme (as defined in section 611 of the Income and Corporation Taxes Act 1988^f27) which is not of a description mentioned in section 596(1)(a), (b) or (c) of that Act,

2. (b)

   an additional voluntary contributions scheme,

3. (c)

   an appropriate policy,

4. (d)

   a personal pension scheme, or

5. (e)

   a self-employed pension arrangement;

“Officer” has the same meaning as in regulation C4(2);

“Part-time employee” has the meaning given in regulation B3(3) and “part-time” shall be construed accordingly;

“Passenger transport authority; means a metropolitan county passenger transport authority established by section 28 of the Local Government Act 1985^f28;”

“Passenger transport executive” means the Executive for a designated area within section 9(1) of the Transport Act 1968^f29;

“Payment in lieu of contributions” means a payment made in lieu of contributions under Part III of the National Insurance Act 1965;

“Pensionable remuneration” shall be construed in accordance with regulation D1;

“Personal pension scheme” means a personal pension scheme (within the meaning of section 1 of the Pension Schemes Act 1993) which has been approved by the Commissioners of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 or provisionally approved under section 655(5) of that Act;

“Preserved benefits” has the meaning given in regulation D11, but also includes benefits to which a person—

1. (a)

   was entitled immediately before 1st March 1986 by virtue of regulation E2(1)(c) of the 1974 regulations, or

2. (b)

   was entitled immediately before the commencement date by virtue of regulation E2(1)(c) of the 1986 regulations,

and which have not yet become payable;

“Probation committee” means a probation committee constituted or deemed to have been constituted by section 3 of the Probation Service Act 1993^f30;

“Probation officer” means a probation officer appointed or deemed to have been appointed by a probation committee under section 4 of the Probation Service Act 1993;

“Public airport company” means the meaning given in section 16 of the Airports Act 1986^f31;

“Public transport company” has the meaning given in section 72 of the Transport Act 1985^f32;

“The reference banks” means the seven largest institutions for the time being which—

1. (a)

   are authorised by the Bank of England under the Banking Act 1987^f33;

2. (b)

   are incorporated in and carrying on within the United Kingdom a deposit-taking business (as defined in section 6, but subject to any order under section 7 of that Act); and

3. (c)

   quote a base rate in sterling;

and for the purpose of this definition the size of an institution at any time is to be determined by reference to the gross assets denominated in sterling of that institution, together with any subsidiary (as defined in section 736 of the Companies Act 1985^f34), as shown in the audited end-of-year accounts last published before that time;

“Registration officer” means—

1. (a)

   a superintendent registrar or registrar of births and deaths,

2. (b)

   a registrar of births and deaths exercising any of the functions of a registrar of marriages, or

3. (c)

   a person provided by and at the expense of a local authority to act as a deputy superintendent registrar or deputy registrar of births and deaths;

“Relevant absence” and “relevant contribution period” have the meanings given by regulation C7;

“Remuneration” has the meaning given in regulation C2;

“Retirement grant” means a retirement grant payable under Part D;

“Retirement pension” means a retirement pension payable under Part D;

“The Scheme” has the meaning given in regulation B1;

“Scheme managers” means—

1. (a)

   in relation to a statutory scheme, the Minister of the Crown or police or fire authority administering the scheme; and

2. (b)

   In any other case, the person responsible for the management of a non-local government scheme;

“Self-employed pension arrangement” has the same meaning as in the Pension Schemes Act 1993^f35;

“Service”—

1. (a)

   in Part K has the meaning given by regulation KI, and

2. (b)

   elsewhere, means service rendered to a LGPS employer,

and service rendered by an employee of a LGPS employer whose services are placed at the disposal of a Minister of the Crown or a government department in pursuance of any enactment is to be treated as service rendered to the LGPS employer;

“Standard retirement pension” and “standard retirement grant” have the meanings given in regulation D2;

“State pensionable age” means—

1. (a)

   in the case of a man, 65, and

2. (b)

   in the case of a woman, 60;

“statutory pension entitlement” has the meaning in regulation D3;

“Statutory resolution”, in relation to a body, means a resolution passed in the manner in which an ordinary resolution of the body may be passed, except that 28 days' notice—

1. (a)

   of the meeting at which the resolution was passed,

2. (b)

   of the terms of the resolution, and

3. (c)

   of the fact that it was to be proposed at that meeting,

must have been given in the manner in which notice for convening ordinary meetings of the body may be given;

“Statutory scheme” means—

1. (a)

   a scheme established under section 1 of the Superannuation Act 1972,

2. (b)

   arrangements for superannuation maintained in pursuance of regulations made or having effect as if made under section 9 or 10 of that Act or section 1 of the Police Pensions Act 1976^f36, or

3. (c)

   the Firemen’s Pension Scheme made under the Fire Services Act 1947^f37;

“Superannuable membership” has the meaning given in paragraph 1 of Schedule B6;

“Tax year” means the 12 months beginning with 6th April in any year;

“Total period of membership” has the meaning given in regulation B14;

“Trade dispute” has the meaning given in regulation C7(9);

“Variable-time employee” has the meaning given in regulation B3(3) and “variable-time” shall be construed accordingly;

“War service” shall be construed in accordance with regulation F2 of the 1986 regulations;

“Whole-time employee” has the meaning given in regulation B3(3) and “whole-time” shall be construed accordingly.