OpenLegislation

Regulation 6 Additional payments

Original text. Later amendments are not shown.

(1)

This regulation applies to a transferred NRA employee who–

(a)

has made contributions to a scheme for the 1988/89 period at a rate which is less than that at which they would have been payable under regulation C2 of the principal Regulations for that period if he had not joined a scheme; and

(b)

is a pensionable employee and has been one continuously since 1st September 1989.

(2)

A transferred NRA employee to whom this regulation applies may, by notice given in accordance with paragraph (4), elect to make good the shortfall in contributions by payment to the National Rivers Authority in accordance with paragraphs (6) and (7) of an amount equal to–

B-A

where

  • A and B have the same meanings as in regulation 5(1)(a).

(3)

Within 6 months after the date of coming into force of these Regulations, the National Rivers Authority shall notify in writing a transferred NRA employee to whom this regulation applies of–

(a)

the right of election under paragraph (2);

(b)

a statement of the amount of the shortfall which is payable; and

(c)

the provisions of paragraph (4) as to notice.

(4)

Subject to paragraph (5), a notice of election–

(a)

shall be given by a transferred NRA employee in writing to the National Rivers Authority not later than 6 months after he has received a notification under paragraph (3); and

(b)

shall be irrevocable.

(5)

The National Rivers Authority may extend the time limit in paragraph (4)(a).

(6)

Subject to paragraph (7), a transferred NRA employee shall be entitled to pay the amount payable under paragraph (2) either–

(a)

by instalments of equal amounts at such intervals as the National Rivers Authority may agree, or

(b)

by a single payment of the full amount.

(7)

Amounts paid under paragraph (2) shall not in any year exceed such amount as, when added to all other payments made by a transferred NRA employee in that year under Part C of the principal Regulations, is equal to the limit specified in paragraph 21 of Schedule 6 to the Finance Act 1989f1.

(8)

When the shortfall has been paid in full, a transferred NRA employee shall–

(a)

be treated as having made contributions in accordance with regulation C2 of the principal Regulations to the appropriate superannuation fund for the 1988/89 period; and

(b)

be entitled to reckon that period as reckonable service, in accordance with regulation D1 of the principal Regulations.

(9)

Paragraphs (10) and (11) apply where a transferred NRA employee has begun to make payments under paragraph (6)(a) but ceases to be a pensionable employee before he has completed payment of the sum payable by him under paragraph (2).

(10)

A transferred NRA employee who dies, or ceases to hold his pensionable employment by reason of permanent ill-health or infirmity of mind or body, shall be treated as having paid the shortfall in full and paragraph (8) shall apply accordingly.

(11)

A transferred NRA employee who ceases to be a pensionable employee for any other reason shall be entitled to reckon as reckonable service, in accordance with regulation D1 of the principal Regulations, a proportion of the 1988/89 period calculated as–

A+CB

where–

  • A and B have the same meanings as in regulation 5(1)(a);

  • C is the total amount paid by way of instalments under paragraph (6)(a); and

  • D is the 1988/89 period.

(12)

A transferred NRA employee who has not elected to make good the shortfall shall be entitled to reckon as reckonable service, in accordance with regulation D1 of the principal Regulations, a proportion of the 1988/89 period calculated as–

ADB

where–

  • A and B have the same meanings as in regulation 5(1)(a); and D is the 1988/89 period.

Annotations

Footnotes

f1

1989 c. 26.