OpenLegislation

Paragraph 2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph sets out limits on benefits in respect of local government employment payable to or in respect of a Class A member under Parts II and III.

(2)

But sub-paragraphs (3), (4) and (6) do not apply to benefits under Chapter IV of Part III.

(3)

The aggregate pension payable must not exceed one sixtieth of the member's final pay multiplied by his total membership.

(4)

But for a pension payable under regulation 27 (ill-health) the limit is one sixtieth of the member's final pay multiplied by the total membership the member would have had if he had continued as an active member until his NRD.

(5)

The aggregate pension payable must not exceed one thirtieth of the Revenue permitted maximum, multiplied by the member's total membership or 20 years, if less.

(6)

For sub-paragraphs (3), (4) and (5) a member who is entitled to be paid a lump sum on retirement is treated as if he were entitled instead to be paid a pension on retirement of an annual amount equal to one twelfth of the lump sum.

(7)

The aggregate benefit payable by way of lump sum must not exceed three eightieths of the member's final pay, multiplied by his total membership.

(8)

But for a lump sum payable under regulation 27 the limit is three eightieths of the member's final pay, multiplied by the total membership the member would have had if he had continued as an active member until his NRD.

(9)

The benefits payable by way of lump sum on the death of an active or deferred member must not exceed four times his final pay or, if greater, £5,000.

(10)

The total membership taken into account under sub-paragraphs (3), (4), (7) and (8) must not exceed 40 years.

(11)

Without prejudice to Schedule 3, a credited period which is counted as a period of membership under regulation 122(1) does not count in calculating the total membership for this paragraph.

(12)

The final pay of a Class A member must not exceed the Revenue permitted maximum.

(13)

But if a Class A member is an existing rights member sub-paragraph (12) does not apply for calculating any benefit under the Scheme in so far as it is calculated by reference to a credited period which is counted as a period of membership under regulation 122(1).