Local Government Pension Scheme Regulations (Northern Ireland) 2002
S.R. 2002/352 · Made 19 November 2002 · Extends to Northern Ireland
LOCAL GOVERNMENT
Made 19th November 2002
Coming into operation 1st February 2003
The Department of the Environment, in exercise of the powers conferred by Article 9 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972f1 and now vested in itf2 and of every other power enabling it in that behalf, and after consultation 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, hereby makes the following Regulations: –
Annotations to the whole text
Footnotes
- f1
- f2
-
S.R. & O (N.I.) 1973 No. 504 Article 7(1); S.I. 1976/424 (N.I. 6)
Contents
- Part I: PRELIMINARY PROVISIONS
- 1Citation and commencement
- 2Interpretation
- Part II: PRIMARY PROVISIONS
- Chapter I: MEMBERSHIP
- Eligibility for active membership
- 3General eligibility for membership: employees of Scheme employers etc.
- 4Employees of non-Scheme employers: community admission bodies
- 4AEmployees of non-Scheme employers: transferee admission bodies
- 4BRequirements for admission agreements
- 5Further restrictions on eligibility
- Joining and leaving the Scheme
- 6Joining the Scheme
- 7Leaving the Scheme
- Chapter II: COUNTING MEMBERSHIP FOR THE SCHEME
- 8Periods of membership: “total membership”
- 9Excluded membership
- 10Length of period of membership: calculation of benefit
- 10AHigh earners
- Chapter III: CONTRIBUTIONS
- 11Members' contributions
- 12Meaning of “pay”
- 13Members with lower rate rights
- 14Employer’s discretion to reduce member’s contribution rate Repealed
- 15Inland Revenue limits on contributions Repealed
- 16Obligatory contributions during absences
- 17Optional contributions during absences
- Chapter IV: BENEFITS
- Preliminary
- 18General qualification for benefits
- 18ALimit on total amount of benefits
- 18BDeduction of tax
- 19Calculations
- 20Pension debit member
- 21Replacement of rights
- 22Final pay
- 23Other final pay periods
- 24Permanent reductions in pay: certificates of protection of pension benefits
- 25Revenue restrictions Repealed
- Retirement benefits
- 26Normal retirement
- 27Retirement after the normal retirement date
- 28Redundancy etc.
- 29Ill-health
- 30Amounts of ill-health pension and grant
- 31Re-employed pensioners
- 32Further provisions about elections under regulation 31 Repealed
- 33Other early leavers: deferred retirement benefits and elections for early payment
- 34Re-employed and rejoining deferred members
- 35Concurrent employments
- 36Surrenders of pension Repealed
- 37No double entitlement
- 38Requirements as to time of payment
- 39Guaranteed minimum pensions etc.
- 40Revaluation of guaranteed minimum
- Death grants
- 41Death grants
- Surviving spouses' or civil partner’s pensions
- 42Surviving spouse’s or civil partner’s short term pension
- 43Surviving spouse’s or civil partner’s long-term pension
- 44Reduction of some surviving spouses' pensions
- 44ACalculation of pension for surviving civil partner
- 45Surviving spouse’s or civil partner’s guaranteed minimum pension
- Children’s pensions
- 46Meaning of “eligible child”
- 47Children’s short-term pensions
- 48Children’s long-term pensions
- 49Discretions as to payment of children’s pensions
- 50Dependants of re-employed pensioners Repealed
- Commutation
- 51Commutation: small pensions
- 52Commutation: exceptional ill-health
- Part III: OPTIONAL ADDITIONAL BENEFITS
- Chapter I: PRELIMINARY
- 53Scope of Part III: limits on benefits
- Chapter II: INCREASE OF MEMBERSHIP BY EMPLOYING AUTHORITY
- 54Power of employing authority to increase total membership ...
- 55Power of employing authority to increase total membership of new members Repealed
- 56Effect of increases under this Chapter for older members Repealed
- Chapter III: MEMBERS' OPTIONS TO INCREASE PENSIONS
- Purchase of added years
- 57Payments to increase total membership
- 58Part-time employees
- 59Effect of increases under this Chapter for older members Repealed
- Conversion between lump sums and pensions
- 60Election for pension in lieu of retirement grant Repealed
- 61Election for lump sum in lieu of pension Repealed
- Chapter IV: ADDITIONAL VOLUNTARY CONTRIBUTIONS
- Members only AVC schemes
- 62Elections to pay AVCs
- 63Payment of AVCs
- 64Functions of employing authorities
- 65Death benefits
- 66Retirement benefits
- 67Changes of employment in which membership is continued
- 68Elections as to use of accumulated value of AVCs
- Shared cost schemes (SCAVCs)
- 69Establishment of shared cost AVC schemes (SCAVCs)
- 70Applications to pay SCAVCs
- 71Functions of employing authority
- 72Application and investment of SCAVCs
- 73Changes of employment in which membership is continued
- 74Termination
- Part IV: ADMINISTRATION
- Chapter I: PENSION FUND AND EMPLOYERS' PAYMENTS
- Pension fund
- 75The fund
- 75AGovernance policy statement
- 76Accounts and audit
- 76AFunding strategy statement
- 77Actuarial valuations and certificates
- 78Special circumstances where revised actuarial valuations and certificates must be obtained
- 78AApportionment of liabilities
- Employers' liability to make payments
- 79Contributing body’s contributions
- 80Employer’s further payments
- 81Payments by employing authorities to the Committee
- Interest
- 82Interest
- Constitution and powers of the Committee
- 83Administration and management
- Chapter II: MEMBERS' CONTRIBUTIONS
- 84Discontinuance of additional contributions
- 85Separate treatment of AVCs and SCAVCs from other contributions
- 86Over-provision: calculation and return of surplus AVC and SCAVC funds Repealed
- 87Cost of calculations for transfer of AVCs or SCAVCs into the Scheme where no transfer is requested
- 88Rights to return of contributions
- 89Exclusion of rights to return of contributions
- 90Deduction and recovery of member’s contributions
- Chapter III: PAYMENT OF BENEFITS ETC.
- 91Pension increases and cash equivalents under the Pension Schemes (Northern Ireland) Act 1993
- 92Pension increases under the Pensions (Increase) Acts
- 93Contributions equivalent premiums
- 94Commencement of pensions
- 95Interest on late payment of certain benefits
- 96Payments due in respect of deceased persons
- 97Non-assignability
- 97ATreatment of other benefits
- Chapter IV: DETERMINATIONS, INFORMATION AND RECORDS
- Initial determinations of questions
- 98First instance decisions
- 99Decisions as to status of employees and decisions as to benefits
- 100Notification of decisions
- Resolution of disputes
- 101Appointment of persons to resolve disputes
- 102Right to apply for an appointed person to review a decision
- 103Notice of decisions by the appointed person under regulation 102
- 104Reference of disagreement to the Committee
- 105Notice of decisions by the Committee under regulation 104
- 106Rights of representation
- 107Referral of decisions under regulation 99(1) to the county court
- Information and records
- 108Statements of policy concerning exercise of discretionary functions
- 108AAnnual benefit statements
- 108BCommunication policy statements
- 109Information to be supplied by employees
- 110Exchange of information by authorities
- 111Provision of information, charging and prescribed persons
- Chapter V: SPECIAL ADJUSTMENTS
- Abatement during new employment
- 112Statements of policy concerning abatement of retirement pensions in new employment
- 113Application of abatement policy in individual cases
- Misconduct
- 114Forfeiture of pension rights after conviction of employment-related offences
- 115Interim payments directions
- 116Recovery or retention where former member has misconduct obligation
- 117Protection of GMP rights
- 118Transfer of sums from the fund to compensate for former member’s misconduct
- Chapter VI: TRANSFERS
- Transfers out
- 119Application of Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993
- 120Rights to payment out of the fund
- 121Contracting-out requirements affecting transfers out
- Bulk transfer arrangements
- 122Bulk transfers (transfers of undertakings) etc.
- 123Calculation of amount of transfer payment under regulation 122
- Transfers in
- 124Inward transfers of pension rights
- 125Right to count credited period
- 126Credited periods for transferring members with mis-sold pension rights
- 127Rights as to service not matched by credited period
- Community scheme transferees
- 128Community scheme transferees
- Part V: SPECIAL CASES
- Chapter 1: ELIGIBILITY
- 129Separate employments etc.
- Chapter II: CONVERSION OF DISCRETIONARY PAYMENTS REGULATIONS PERIODS INTO MEMBERSHIP
- 130Conversion of periods credited under Discretionary Payments Regulations etc. into membership
- Chapter III: RIGHTS UNDER ARTICLE 14 OF THE SUPERANNUATION (NORTHERN IRELAND) ORDER 1972
- 131Rights under Article 14 of the Superannuation (Northern Ireland) Order 1972
- Part VI: PENSION SHARING
- Chapter I: SHARING OF RIGHTS UNDER THE SCHEME
- 132Interpretation
- 133Discharge of liability for pension credit rights
- 134Aggregation
- 135Death of person entitled to a pension credit before discharge
- 136Safeguarded rights
- 137Valuation date
- Chapter II: PENSION CREDIT MEMBERS AND PENSION CREDIT
- 138Application of the Regulations to pension credit members
- 139Calculation
- 140Payment of benefits
- 141Death grants
- 142Commutation: small pensions
- 143Commutation: serious ill-health
- Chapter III: TRANSFERS
- 144Transfers out
- 145Transfers in
- Signature
- Schedule 1INTERPRETATION
- Schedule 2: MATTERS TO BE INCLUDED IN AN ADMISSION AGREEMENT IN CERTAIN CASES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4 Repealed
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 3EXCLUDED MEMBERSHIP
- Schedule 4: REVENUE RESTRICTIONS Repealed
- Chapter: Preliminary Repealed
- 1Paragraph 1 Repealed
- Chapter: Class A members Repealed
- 2Paragraph 2 Repealed
- Chapter: Class B members and Class C members Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Chapter: Maximum additions under regulation 57 Repealed
- 8Paragraph 8 Repealed
- Chapter: Controlling directors Repealed
- 9Paragraph 9 Repealed
- Chapter: Overriding provisions Repealed
- 10Paragraph 10 Repealed
- Schedule 5: MIS-SOLD PENSIONS
- 1Prescribed persons
- 2Paragraph 2
- Schedule 6: THE COMMITTEE
- Part I: CONSTITUTION OF THE COMMITTEE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part II: POWERS OF THE COMMITTEE
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Part III: EXPENSES AND ALLOWANCES PAYABLE BY THE COMMITTEE
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27 Repealed
- 28Paragraph 28
- 29Paragraph 29
- Part IV: CONTENTS OF FINANCIAL STATEMENTS AUDITED BY THE LOCAL GOVERNMENT AUDITOR Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- Explanatory note