{
  "url": "https://openlegislation.uk/local-government-pension-scheme-regulations-northern-ireland-2002/regulation-33",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-northern-ireland-2002/regulation-33.json",
  "legislation": "nisr/2002/352",
  "legislation_title": "Local Government Pension Scheme Regulations (Northern Ireland) 2002",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-regulations-northern-ireland-2002",
  "path": "regulation/33",
  "kind": "regulation",
  "number": "33",
  "heading": "Other early leavers: deferred retirement benefits and elections for early payment",
  "text": "(1) If a member leaves a local government employment (or is treated for these Regulations as if he had done so) before he is entitled to the immediate payment of retirement benefits (apart from this regulation), once he is aged 50 or more he may elect to receive payment of them immediately.\n(2) An election made by a member aged less than 55 is ineffective without the consent of his employing authority or former employing authority (but see paragraph (6)).\n(3) If the member elects, he is entitled to a pension and retirement grant payable immediately.\n(4) His retirement pension and grant must be reduced by the amounts shown as appropriate in guidance issued by the Government Actuary (but see paragraphs (5) and (6) and regulation 39(5)) (guaranteed minimum pensions).\n(5) A member’s employing authority may determine on compassionate grounds that his retirement pension and grant should not be reduced under paragraph (4).\n(6) If a member who has left a local government employment before he is entitled to the immediate payment of retirement benefits (apart from this regulation) becomes permanently incapable as certified in accordance with regulation 98(4) of discharging efficiently the duties of that employment because of ill-health or infirmity of mind or body –\n(a) he may elect to receive payment of the retirement benefits immediately, whatever his age; and\n(b) paragraphs (2) and (4) do not apply.\n(7) If a member does not elect for immediate payment under this regulation, he is entitled to receive a pension and grant without reduction payable from his normal retirement date.\n(8) An election under paragraph (1) must be made by notice in writing to the member’s Scheme employer and an election made under paragraph 6(a) must be made to the Committee.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in reg. 33(2) substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/128), regs. 1(1), 34"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 33(4) substituted (1.10.2006) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/152), regs. 1(2)(b), 50(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 33(7) substituted (1.10.2006) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/152), regs. 1(2)(b), 50(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 33(8) added (1.6.2005) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/274), regs. 1(2), 9, (with regs. 28, 29)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 33 in operation at 1.2.2003, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2002/352/regulation/33",
    "retrieved_at": "2026-10-29T02:06:03.867007+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}