OpenLegislation

Regulation 17 Optional contributions during absencesI1

Northern Ireland

(F1F21)

If a member –

(a)

is away from his employment with permission (otherwise than because of illness or injury) for a continuous period of more than 30 days; and

(b)

is receiving reduced or no pay,

he must make contributions under regulation 16 at the standard contribution rate for the first 30 days and may make contributions under that regulation for the remaining period of his absence or, if the total period of his absence exceeds 36 months, for 36 months including the first 30 days, on the pay he would have received but for his absence.

(2)

If –

(a)

a person who is a member or has applied to be a member is on maternity F3or adoption leave, other than ordinary maternity or adoption leave; and

(b)

for the whole or part of the period of F4his maternity or adoption absence (“the unpaid period”) he is not entitled to receive pay (including any statutory maternity or adoption pay payable F5to him under the Social Security Contributions and Benefits (Northern Ireland) Act 1992) but is a member,

he may make contributions under regulation 16 at the standard contribution rate as respects the unpaid period, as if his pay in the employment were equal to the pay he was entitled to receive immediately before the unpaid period began (including any such statutory pay, but not any amount by which his actual pay is reduced on account of his possible entitlement to such statutory pay).

(F62A)

But in calculating the pay on which the contributions are made, any amount the person receives on account of a day’s work carried out under regulation 12A of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999 or regulation 21A of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 that exceeds any maternity, paternity or parental leave pay due for that day, shall be disregarded.

(3)

If a person –

(a)

is away from work without permission for a period of one or more days during and because of a trade dispute (“a trade dispute absence”); and

(b)

was a member immediately before that period (or, where two or more periods of absence have occurred because of one such dispute, the first such period),

he may make a contribution under regulation 16 for the relevant contribution period at the rate of 16 per cent on his lost pay for that period.

(4)

A person’s lost pay is the difference between –

(a)

his actual pay (if any); and

(b)

the pay he would have received but for any trade dispute absence,

(disregarding any guarantee payments under Part V of the Employment Rights (Northern Ireland) Order 1996).

(5)

A period is a person’s relevant contribution period if –

(a)

it is coextensive with one of the intervals at which he was required under regulation 11 to make standard contributions; and

(b)

it includes all or part of his trade dispute absence.

(6)

To make contributions under this regulation a person must apply to the employing authority in writing before the expiry of the period of 30 days beginning with the day on which he returns to work or such longer period as the Committee may allow.

(7)

But if he ceases to be employed by that authority without returning to work, he may apply under paragraph (6) before the expiry of the period of 30 days beginning with the day he so ceases or such longer period as the Committee may allow.

(8)

An application under paragraph (6) or (7) may be made by the person’s personal representatives if he has died without having made such an application.

(9)

The termination of a person’s contract of employment because of a trade dispute does not prevent this regulation applying to him if he again becomes an employee of the same Scheme employer and a member not later than the day after the dispute ends.

Annotations

Textual amendments

F1

Regulations revoked in pt. (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 reg. 3)

F2

Regulations revoked in part (1.4.2009) by Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/34), reg. 1(1), Sch. 1 (with reg. 3)

F3

Words in reg. 17(2) inserted (31.5.2004 with effect from 1.2.2003) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/139), regs. 1(2), 2, Sch.

F4

Word in reg. 17(2) substituted (31.5.2004 with effect from 1.2.2003) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/139), regs. 1(2), 2, Sch.

F5

Words in reg. 17(2) substituted (31.5.2004 with effect from 1.2.2003) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/139), regs. 1(2), 2, Sch.

F6

Reg. 17(2A) inserted (retrospective to 1.4.2007) by Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/34), reg. 1(2)(b), Sch. 3 para. 2

Commencement

I1

Reg. 17 in operation at 1.2.2003, see reg. 1