Regulation 19 CalculationsI1
Northern Ireland
F2Subject to paragraphs (10) to (13) the amount of any benefit payable as a result of a person’s membership is generally calculated by multiplying his final pay by the appropriate multiplier.
Unless another multiplier is indicated, the appropriate multiplier for a pension is –
Unless another multiplier is indicated, the appropriate multiplier for a retirement grant is –
A member in respect of whom a benefit crystallisation event occurs after 5th April 2006 may elect in writing to the Committee before any benefits become payable to increase the retirement grant payable under paragraph (3) by commuting his pension, or a part thereof, at a rate of £12 for every £1 of annual pension entitlement surrendered F4but the entitlement to the benefit shall not arise until the date on which the Committee receives the information it requires to calculate the increase.
But the total amount of the member’s retirement grant, including any sum received—
in accordance with an election under paragraph (3A);
as benefits provided in the form of a lump sum in accordance with regulation 66 (retirement benefits); or
as additional lump sum benefits in accordance with regulation 68 (elections as to use of accumulated AVCs)
shall not exceed 25% of the capital value of his accrued rights.
For the purposes of this regulation, a member’s accrued rights include rights accrued in respect of any payments made by him or on his behalf in accordance with Chapter IV of Part III (Additional Voluntary Contributions).
Any calculation of the capital value of a person’s accrued rights shall be carried out in accordance with guidance issued by the Government Actuary.
In paragraph (3A), “member” includes a deferred member to whom regulation 4 (deferred members and pensioners: general) of the Local Government Pension Scheme (Amendment No. 2 and Transitional Provisions) Regulations (Northern Ireland) 2002 applies.
A member may make an election under paragraph (3A) in respect of his pension, or any part thereof, payable by virtue of an election under regulation 68 (elections as to use of accumulated value of AVCs) notwithstanding any provision to the contrary in the former provisions of regulation 68 treated as continuing to have effect under paragraph (8) of that regulation.
But –
benefits payable to a pension debit member are reduced as provided in regulation 20; and
benefits payable on or after the death of a pensioner member are calculated by multiplying the amount of his former retirement pension by the multiplier specified for the benefit in question.
Where no benefit crystallisation event has occurred before the day after a member’s 65th birthday in respect of any benefits payable under the Scheme, those benefits shall be increased at such a rate as is shown as appropriate in guidance issued by the Government Actuary.
Unless otherwise indicated, references to the amounts of pensions are to their annual rate.
The amount of a deceased person’s former retirement pension is the amount of the pension he would have received immediately before his death, but for –
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
regulation 33 (elections for early payment);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
regulation 52 (commutation in cases of exceptional ill-health);
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
regulation 113 (application of abatement policy in individual cases).
Periods are measured in years and fractions of a year (calculated as specified in regulation 10).
A pensioner member includes a person who would have been entitled to a pension but for regulation 113 (application of abatement policy in individual cases).
But paragraph (8) does not stop a person to whom it applies from also being an active member.
In the case of a qualifying member, the amount of benefit payable in respect of any period between 1st January 1995 and 30th November 2007 is calculated by multiplying his interim pay by the appropriate multiplier.
The appropriate multiplier is where “x” represents the qualifying member’s membership between 1st January 1995 and 30th November 2007 calculated in accordance with regulation 10.
In the case of a qualifying member, the amount of benefit payable for any period between 1st January 1995 and 30th November 2007 is calculated in accordance with paragraph (1) and (2) but as if for the words “the member’s total membership” in paragraph (2) there were substituted “the member’s membership from 30th November 2007”.
In this regulation interim pay means the final pay that would have been for a single comparable employment with a weekly contract of 32.5 hours.
In the case of a newly qualifying member, paragraphs (10) to (13) apply as if for each reference to “30th November 2007” there was substituted “6th February 2009”.
In the case of the Agreement No. 2 qualifying member, paragraphs (10) to (13) apply as if for each reference to “30th November 2007” there was substituted “27th March 2015”
Annotations
Textual amendments
- F1
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)
- F2
Words in reg. 19(1) inserted (with effect in accordance with reg. 2(a) of the amending Rule) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/164), regs. 1(1), 5(a) (with reg. 3)
- F3
Reg. 19(3A)-(3F) inserted (6.4.2006) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/152), regs. 1(2)(a), 11(a)
- F4
Words in reg. 19(3A) inserted (6.4.2006) by Local Government Pension Scheme (Amendment No. 3) Regulations (Northern Ireland) 2007 (S.R. 2007/448), regs. 1(2)(a), 4
- F5
Reg. 19(4A) inserted (6.4.2006) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/152), regs. 1(2)(a), 11(b)
- F6
Reg. 19(6)(a) omitted (1.6.2005) by virtue of Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/274), regs. 1(2), 6, (with regs. 28, 29)
- F7
Reg. 19(6)(c) deleted (6.4.2006) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/152), regs. 1(2)(a), 11(c)
- F8
Reg. 19(6)(e)(f) deleted (6.4.2006) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/152), regs. 1(2)(a), 11(c)
- F9
Reg. 19(10)-(14) inserted (with effect in accordance with reg. 2(a) of the amending Rule) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/164), regs. 1(1), 5(b) (with reg. 3)
- F10
Reg. 19(15) inserted (with effect in accordance with reg. 2(a) of the amending Rule) by The Local Government Pension Scheme (Nursery Assistants) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/329), regs. 1, 5