OpenLegislation

Local Government Pension Scheme Regulations (Northern Ireland) 2000

S.R. 2000/177 · Made 19 May 2000 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 18 November 2019.

LOCAL GOVERNMENT

Made 19th May 2000

Coming into operation 1st August 2000

The Department of the Environment in exercise of the powers conferred by Articles 9 and 14 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972f1 and now vested in itf2, being a Department designated for the purposes of Articles 164(3) of the Pensions (Northern Ireland) Order 1995f3, in exercise of the powers conferred by Article 164 of that Order and of every other power enabling it in that behalf and after consultation with the Association of Local Authorities of Northern Ireland, 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, hereby makes the following regulations:

Annotations to the whole text

Textual amendments

F1

Regulations revoked (1.4.2015) by The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/189), regs. 1(1), 2, Sch. 2 (with savings and transitional provisions in reg. 3, Sch. 5)

Footnotes

f1

S.I. 1972/1073 (N.I. 10); Article 14 was amended by Article 12 of the Pensions (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I. 1990/1509 (N.I. 13))

f2

S.R. & O. (N.I.) 1973 No. 504 Article 7(1); S.I. 1976/424 (N.I. 6)

f3

S.I 1995/3213 (N.I. 22)

Contents

  1. Part A: Preliminary
  2. A1Citation, commencement and retrospection
  3. A2Interpretation
  4. Part B: Membership
  5. Eligibility
  6. B1General eligibility of employees of LGPS employers
  7. B2Age restrictions: meaning of “latest retirement age” and “LRD”
  8. B3Restrictions by reference to working hours: “part-time” and “variable-time” employees
  9. B4Certain office-holders etc. to be treated as employees of LGPS employers
  10. B5Separate employments etc.
  11. B6Agreements to enable employees of non-LGPS employers to be members (“admission agreements”)
  12. B7Ineligibility of employees eligible to join other statutory schemes
  13. B8Other cases of ineligibility
  14. Joining and leaving the Scheme
  15. B9Applications for membership
  16. B10Admission to the Scheme
  17. B11Leaving the Scheme
  18. B12Rejoining the Scheme
  19. Membership periods
  20. B13Periods of membership: “total period of membership”
  21. B14Length of period of membership: calculation of benefit
  22. B15Special power of employing authority to increase period of membership
  23. Part C: Members' Contributions
  24. Preliminary definitions
  25. C1Meaning of “remuneration”
  26. C2Meaning of “normal retirement age” and “NRD”
  27. Standard contributions
  28. C3Member’s standard contributions
  29. C4Contributions payable for previous part-time employment
  30. Effect of absences on contributions
  31. C5Leave of absence from duty
  32. C6Maternity absence
  33. C7Absence owing to trade dispute
  34. C8Absence on reserve forces service
  35. Additional payments to improve benefits
  36. C9Payments to increase membership: calculation of all benefits
  37. C10Maximum length of additional periods to be purchased under regulation C9
  38. C11Amounts of payments under regulation C9
  39. C12Purchase by part-time employees of additional periods under regulation C9
  40. C13Payments to avoid reduction of retirement grant and death grant
  41. C14Payments to increase widower’s pension by counting membership before 1st April 1972
  42. C15Amount of payments under regulation C13 and C14
  43. C16Further provisions as to making of payments under regulations C13 and C14
  44. C17No elections to make payments after 64
  45. Incomplete payments and return of contributions
  46. C18Notice to discontinue payments
  47. C19Uncompleted periodical payments
  48. C20Effect of opting out of membership on certain additional payments
  49. C21Return of member’s contributions in certain cases Repealed
  50. C22Meaning of “aggregate amount of contributions” for purposes of regulation C21
  51. C23Effect of return to local government on right to a return of contributions
  52. AVCs
  53. C24Additional voluntary contributions
  54. Deduction and recovery of contributions
  55. C25Deduction and recovery of member’s contributions
  56. Limitations on payments
  57. C26Limitation of payments
  58. C26AReplacement of rights Repealed
  59. Provisions concerning continuing payments under old legislation
  60. C27Provisions concerning outstanding payments due under previous regulations
  61. Part D: Retirement Benefits
  62. Preliminary definitions
  63. D1“Pensionable remuneration”
  64. D2“Standard retirement pension” and “standard retirement grant”
  65. D3Statutory pension entitlement
  66. D4References to members leaving employment to include optants-out
  67. Entitlement to immediate payment of benefits on retirement
  68. D5Retirement on or after NRD
  69. D6Early entitlement to retirement benefits: redundancy etc.
  70. D7Early entitlement to retirement benefits: ill-health
  71. D8Ill-health retirement grants
  72. D9Retirement at or after 60 but before NRD
  73. D10No double entitlement
  74. Entitlement to deferred benefits: (“preserved benefits”)
  75. D11Entitlement to deferred retirement benefits (“preserved benefits”)
  76. D12Further provisions about preserved benefits
  77. Adjustments to standard benefits
  78. D13Reduction of pensions payable early by virtue of elections etc.
  79. D14Surrender of part of retirement pension in favour of spouse or dependant
  80. D15Adjustments to retirement pensions and grants for certain re-employed pensioners
  81. Overriding provisions (contracting-out and Finance Act requirements, etc.)
  82. D16Guaranteed minimum pensions for members in contracted-out employment, etc.
  83. D17Revaluation of guaranteed minimum in certain cases
  84. D18Equivalent pension benefits
  85. D19National insurance
  86. D20Limitations on benefits etc.
  87. Part E: Death Grants
  88. Death of a member
  89. E1Death grant: members in service
  90. Death of a deferred pensioner
  91. E2Death grant: deferred pensioners
  92. Death of a pensioner
  93. E3Death grant: pensioners with 10 years' or more membership Repealed
  94. E4Death grant: pensioners
  95. General provisions relating to death benefits
  96. E5Surviving spouse deductions from certain death grants
  97. E6Adjustments to death grants for certain re-employed pensioners
  98. E7Part-timers' pensionable remuneration for certain purposes of this Part
  99. E8Nomination of beneficiary of death grant
  100. Part F: Surviving Spouses' Pensions
  101. Death of a member
  102. F1Member’s spouse’s short-term pension
  103. F2Member’s spouse’s long-term pension
  104. Death of a deferred pensioner
  105. F3Deferred pensioner’s spouse’s long-term pension
  106. Death of a pensioner
  107. F4Pensioner’s spouse’s short-term pension
  108. F5Pensioner’s spouse’s long-term pension
  109. General provisions relating to surviving spouses' pensions
  110. F6Post retirement marriages
  111. F7Widowers: requirement for post 31st March 1972 membership and consequent adjustments to “retirement pension”
  112. F8Widowers: elections in respect of pre 1st April 1972 membership etc.
  113. F9Adjustments to pensions of surviving spouses of certain re-employed pensioners
  114. Contracting-out requirements: GMP rule
  115. F10Surviving spouse’s guaranteed minimum pension
  116. Cessation of membership before the commencement date
  117. F11Cessation of membership before the commencement date
  118. Part G: Children’s Pensions
  119. Preliminary
  120. G1Meaning of “child”
  121. G2Meaning of “eligible child”
  122. Death of a member
  123. G3Member’s children’s long-term pension
  124. G4Member’s children’s short-term pension
  125. Death of a deferred pensioner
  126. G5Deferred pensioner’s children’s long-term pension
  127. Death of a pensioner
  128. G6Pensioner’s children’s long-term pension
  129. G7Pensioner’s children’s short-term pension
  130. General provisions relating to children’s pensions
  131. G8Limitations on entitlement to children’s short-term pensions
  132. G9Long-term pensions: increase of period of membership in certain cases
  133. G10Children over 17 in paid training
  134. G11Discretions as to payment of children’s pensions
  135. G12Adjustments to children’s pensions for certain re-employed pensioners etc.
  136. Part H: General Provisions Concerning Benefits
  137. H1Interest on late payment of certain benefits Repealed
  138. H2National Insurance
  139. H3Benefits not assignable Repealed
  140. H4Forfeiture of pension rights after conviction of employment-related offences Repealed
  141. H5Commutation: small pensions Repealed
  142. H6Commutation : exceptional circumstances of ill-health Repealed
  143. H7Payments due in respect of deceased persons Repealed
  144. Part J: Decisions and Appeals Repealed
  145. J1Initial decisions Repealed
  146. J2Decisions as to status of employees Repealed
  147. J3Decisions as to benefits Repealed
  148. J4Notification of decisions Repealed
  149. J5Appointment of persons to resolve disputes Repealed
  150. J6Application for a decision Repealed
  151. J7Notice of a decision Repealed
  152. J8Referral of disagreement to the Committee Repealed
  153. J9Notice of decision from the Committee Repealed
  154. J10Referral of decisions under regulation J2(1) to the county court Repealed
  155. J11Definitions Repealed
  156. Part K: Interchange Etc. Repealed
  157. Preliminary Repealed
  158. K1Interpretation Repealed
  159. Transfers out Repealed
  160. K2Outwards transfers Repealed
  161. K3Time for payment of transfer value under regulation K2 Repealed
  162. K4Cases where right to transfer value excluded Repealed
  163. K5Amount of transfer value under regulation K2 Repealed
  164. K6Special provision as respects pre-6th April 1988 service Repealed
  165. K7Reductions of the transfer value: unsecured GMPs, pre-1988 service and forfeiture Repealed
  166. K8Minimum transfer values Repealed
  167. K9Modifications where transfer is to club scheme Repealed
  168. K10Modification in connection with persons to whom regulation K17 applies Repealed
  169. K11General provisions about payment of transfer values Repealed
  170. K12Termination of right to payment out of the fund Repealed
  171. K13Revival of rights for certain Community scheme transferees Repealed
  172. Transfers in Repealed
  173. K14Inward transfers Repealed
  174. K15Right to count service Repealed
  175. K16Calculation of period of membership allowed under regulation K15(1)(a): non-club schemes Repealed
  176. K17Mis-sold pensions Repealed
  177. K18Special provision where transfer is from a club scheme Repealed
  178. K19Increase in return of contributions Repealed
  179. K20Provision of information, charging and prescribed persons Repealed
  180. Transfers of certain members who are eligible to join approved non-local government schemes Repealed
  181. K21Certain members who become subject to other pension schemes in the same employment Repealed
  182. K22Requests for transfer payments: regulation K21 employees and employees of ineligible employers Repealed
  183. Part L: Pension Fund and Payments by Employers Repealed
  184. The pension fund Repealed
  185. L1Continuation of existing superannuation fund Repealed
  186. Accounts audit and annual report Repealed
  187. L2Accounts audit and annual report Repealed
  188. Valuations and rates of contributions and adjustments Repealed
  189. L3Valuations of fund Repealed
  190. L4Actuary’s certificates Repealed
  191. L4ASpecial circumstances where revised actuarial valuations and certificates must be obtained Repealed
  192. Employers' liability to make payments Repealed
  193. L5Employer’s contributions Repealed
  194. L6Employer’s further payments Repealed
  195. L7Payments by employing authorities to the Committee Repealed
  196. Transfers, recovery and retention from the fund in misconduct cases Repealed
  197. L8Transfer of sums from the fund to compensate for former member’s misconduct Repealed
  198. L9Recovery or retention where former member has misconduct obligation Repealed
  199. Certain statutory payments to be met out of the fund Repealed
  200. L10Pension increases and cash equivalents under the Pension Schemes (Northern Ireland) Act 1993 Repealed
  201. L11Pension increases under the Pensions (Increase) Act (Northern Ireland) 1971 and the Pensions Increase (Northern Ireland) Order 1974 Repealed
  202. L12Contributions equivalent premium Repealed
  203. Constitution and powers of the Committee Repealed
  204. L13Administration and Management Repealed
  205. Part M: Miscellaneous and General Provisions
  206. Modification in special cases
  207. M1Modifications of regulations in special cases
  208. Information and records
  209. M2Information to be supplied by certain employees Repealed
  210. M3Records to be kept by employing authorities and the Committee Repealed
  211. M4Transmission of documents and information Repealed
  212. Supplementary provisions
  213. M5Right to opt out
  214. M6Transitional and transitory provisions
  215. M7Revocations
  216. M8Consequential amendments
  217. Part N: Pension Sharing Repealed
  218. Sharing of rights under the Scheme Repealed
  219. N1Interpretation Repealed
  220. N2Discharge of liability for pension credit rights Repealed
  221. N3Aggregation Repealed
  222. N4Death of person entitled to a pension credit before discharge Repealed
  223. N5Safeguarded rights Repealed
  224. N6Valuation date Repealed
  225. Pension credit members and pension credit Repealed
  226. N7Application of the Regulations to pension credit members Repealed
  227. N8Calculation— Repealed
  228. N9Payment of benefits Repealed
  229. N10Death grants Repealed
  230. N11Commutation: small pensions Repealed
  231. N12Commutation: serious ill-health Repealed
  232. Transfers Repealed
  233. N13Transfers out Repealed
  234. N14Transfers in Repealed
  235. Signature
  236. Schedule A1General Definitions
  237. Schedule A2Interpretation for pension sharing on divorce
  238. Schedule A3Matters to be included in an admission agreement in certain cases
  239. Schedule B1: Relevance of membership for purposes of scheme
  240. Part I: Exclusion of Certain Membership for Certain Purposes
  241. 1Disregard of “superannuable membership” in determining entitlement to benefits
  242. 2Death grants
  243. 3Return of contributions: reduction of membership as respects preserved benefits
  244. 4Re-employed pensioners: disregard of certain former membership
  245. Part II: Relevance of Former and Related Membership For Certain Purposes
  246. 5Total period of membership to include former and related membership for some purposes of entitlement etc.
  247. 6Former “qualifying service”
  248. 7Previous service of certain variable-time employees
  249. 8Previous service of certain re-employed pensioners
  250. 9Previous service of certain part-time employees
  251. 10Transfers in
  252. 11Excluded periods
  253. Schedule C1: Further provisions concerning meaning of “remuneration”
  254. 1Part-timers
  255. 2Statutory payments during absence
  256. 3Paragraph 3
  257. 4Paragraph 4
  258. 5Paragraph 5
  259. 6Additional periodical payments: “remuneration for the time being”
  260. 7Power to agree notional remuneration
  261. Schedule C2: Appropriate percentages: calculation of payments of Schedule C4
  262. Part: Part I
  263. Chapter Table A
  264. MalesMembers to whom regulation D2(2) does not apply
  265. Chapter Table B
  266. FemalesMembers to whom regulation D2(2) does not apply
  267. Chapter Table C
  268. MalesMembers to whom regulation D2(2) applies
  269. Chapter Table D
  270. FemalesMembers to whom regulation D2(2) applies
  271. Part II: Lump sum cost of each added year which cannot be bought by annual contributions because of the 15 per cent. limits
  272. Chapter Table E
  273. MalesClass B and Class C members to whom regulation D2(2) does not apply
  274. Chapter Table F
  275. FemalesClass B and C members to whom regulation D2(2) does not apply
  276. Chapter Table G
  277. MalesClass B and Class C members to whom regulation D2(2) applies
  278. Chapter Table H
  279. FemalesClass B and Class C members to whom regulation D2(2) applies
  280. Part III: Payments under Regulation C15
  281. Table JMales
  282. Table KFemales
  283. Schedule C3: Additional voluntary contributions
  284. 1Making and variation of elections
  285. 2Payment and amount of AVCs
  286. 3Paragraph 3
  287. 4Paragraph 4
  288. 5Functions of employing authorities and the Committee
  289. 6Paragraph 6
  290. 7Paragraph 7
  291. 8Paragraph 8
  292. 9Paragraph 9
  293. 10Changes of employment in which membership is continued
  294. 11Paragraph 11
  295. 12Paragraph 12
  296. 13Paragraph 13
  297. 14Paragraph 14
  298. 15Cessation of membership or employment
  299. 16Paragraph 16
  300. 17Paragraph 17
  301. 18Separate treatment of AVCs from other contributions
  302. 19Paragraph 19
  303. 20Inward transfer of AVC rights
  304. 21Over-provision: calculation and return of surplus funds
  305. 23Supplemental
  306. Schedule C4: Limitations on contributions and benefits
  307. Part I: General
  308. 1“Class A members”, “Class B members” and “Class C members”
  309. 2Remuneration of Class A members: “permitted maximum”
  310. Part II: Limitations on Contributions
  311. 3General 15 per cent. limitation
  312. 4Excess contributions payable by lump sum: Class B and C members
  313. 5Additional voluntary contributions
  314. Part III: Limitations on benefits
  315. 6Restrictions on “pensionable remuneration”: Class A members with transferred-in membership
  316. 7“Pensionable remuneration”: retirement grants for Class B members
  317. 8Restrictions on membership period used for calculating amounts of benefits
  318. 9Paragraph 9
  319. 10Paragraph 10
  320. 11Death grants
  321. Schedule C5: Provisions concerning outstanding payments due under previous regulations
  322. 1Continuation of certain payments
  323. 2Counting of extra membership periods on completion of payments begun under earlier provisions
  324. 3Part-timers buying additional periods
  325. 4Additional payments by certain members in respect of previous service
  326. 5Paragraph 5
  327. 6Incomplete payments under provisions saved by this Schedule
  328. 7Paragraph 7
  329. 8Continuing provision relating to payments originally made under the 1981 regulations
  330. 9Reduction of added years
  331. 10Reduction of returned contributions in certain cases
  332. Schedule D1: Further provisions about pensionable remuneration
  333. 1Increase of pensionable remuneration where not all relevant period is a period of membership
  334. 2Optional alternative relevant periods
  335. 3Paragraph 3
  336. 4Paragraph 4
  337. 5Paragraph 5
  338. 6Periods of absence
  339. 7Part-timers
  340. 8Multiple employments
  341. 9Fee earners
  342. 10Employees with notional remuneration
  343. Schedule D2: Retirement Grants
  344. 1Reduction in standard retirement grant on account of contingent spouse’s pension
  345. 2Paragraph 2
  346. 3Paragraph 3
  347. 4Paragraph 4
  348. Schedule D3: Additional membership in cases of ill-health
  349. 1“Relevant service” and “relevant membership period”
  350. 2Calculation of additional membership period
  351. 3Alternative additional periods
  352. 4Part-timers
  353. Schedule D4: Procedure for surrender of part of retirement pension
  354. 1Paragraph 1
  355. 2Paragraph 2
  356. 3Paragraph 3
  357. 4Paragraph 4
  358. 5Paragraph 5
  359. 6Paragraph 6
  360. Schedule D5: Re-employed pensioners
  361. Part I: Reduction of Retirement Pension
  362. 1Application of Part I
  363. 2General reduction rule
  364. 3Paragraph 3
  365. 4Paragraph 4
  366. 5Paragraph 5
  367. 6Alteration of terms in new employment
  368. 7Proportional reduction in cases of two or more pensions
  369. 8Duty to inform employers of application of Part I
  370. Part II: Combined Benefits
  371. 9Election for application of Part II
  372. 10New entitlement to single pension
  373. 11Paragraph 11
  374. 12Paragraph 12
  375. 13Paragraph 13
  376. 14Paragraph 14
  377. Part III: Separate Benefits
  378. 15Application of Part III
  379. 16Modifications to usual benefit rules
  380. 17Benefits on and after death
  381. Part IV: Surviving Spouses' and Children’s Benefits
  382. 18Paragraph 18
  383. 19Paragraph 19
  384. 20Paragraph 20
  385. 21Paragraph 21
  386. Schedule F1: Elections as respects widowers' pensions etc.
  387. 1Paragraph 1
  388. 2Elections under regulation E12 of the 1992 regulations
  389. 3Paragraph 3
  390. Schedule K1: Revival of rights for certain community scheme transferees Repealed
  391. 1Persons to whom this Schedule applies Repealed
  392. 2Persons who ceased local government employment on or after 1st March 1993 Repealed
  393. 3Paragraph 3 Repealed
  394. 4Paragraph 4 Repealed
  395. 5Interpretation of references to those claiming through a person Repealed
  396. Schedule K2: Mis-sold Pensions Repealed
  397. 1Prescribed persons Repealed
  398. 2Paragraph 2 Repealed
  399. 3Paragraph 3 Repealed
  400. 4Paragraph 4 Repealed
  401. 5Paragraph 5 Repealed
  402. Schedule L1: The Committee Repealed
  403. Part I: Constitution of the Committee Repealed
  404. 1Paragraph 1 Repealed
  405. 2Paragraph 2 Repealed
  406. 3Paragraph 3 Repealed
  407. 4Paragraph 4 Repealed
  408. 5Paragraph 5 Repealed
  409. 6Paragraph 6 Repealed
  410. 7Paragraph 7 Repealed
  411. 8Paragraph 8 Repealed
  412. 9Paragraph 9 Repealed
  413. Part II: Powers of the Committee Repealed
  414. 10Paragraph 10 Repealed
  415. 11Paragraph 11 Repealed
  416. 12Paragraph 12 Repealed
  417. 13Paragraph 13 Repealed
  418. 14Paragraph 14 Repealed
  419. 15Paragraph 15 Repealed
  420. 16Paragraph 16 Repealed
  421. 17Paragraph 17 Repealed
  422. 18Paragraph 18 Repealed
  423. 19Paragraph 19 Repealed
  424. 20Paragraph 20 Repealed
  425. 21Paragraph 21 Repealed
  426. 22Paragraph 22 Repealed
  427. 23Paragraph 23 Repealed
  428. Part III: Expenses And Allowances Payable By The Committee Repealed
  429. 24Paragraph 24 Repealed
  430. 25Paragraph 25 Repealed
  431. 26Paragraph 26 Repealed
  432. 27Paragraph 27 Repealed
  433. 28Paragraph 28 Repealed
  434. 29Paragraph 29 Repealed
  435. Schedule L2: Contents of Financial Statements Audited by the Local Government Auditor Repealed
  436. 1Paragraph 1 Repealed
  437. 2Paragraph 2 Repealed
  438. 3Paragraph 3 Repealed
  439. 4Paragraph 4 Repealed
  440. 5Paragraph 5 Repealed
  441. 6Paragraph 6 Repealed
  442. 7Paragraph 7 Repealed
  443. 9Paragraph 9 Repealed
  444. Schedule M1Modification in special cases
  445. Schedule M2: Transitional and Transitory Provisions
  446. Part I: General Provisions
  447. 1Paragraph 1
  448. 2Paragraph 2
  449. 3Paragraph 3
  450. 4Paragraph 4
  451. 5Paragraph 5
  452. Part II: Specific Provisions
  453. 6Membership
  454. 7Existing reckonable service etc.
  455. 8War service
  456. 9Remuneration
  457. 10Continuation of options under regulation S2 of the 1992 regulations
  458. 11Resolutions
  459. Schedule M3Subordinate legislation revoked
  460. Schedule M4: Consequential Amendments
  461. 1Paragraph 1
  462. 2Paragraph 2
  463. Explanatory note