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Local Government (Superannuation) Regulations (Northern Ireland) 1992

S.R. 1992/547 · Made 16 December 1992

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LOCAL GOVERNMENT

Made 16th December 1992

Coming into operation 1st March 1993

The Department of the Environment in exercise of the powers conferred by Articles 9 and 14 of the Superannuation (Northern Ireland) Order 1972f1 and now vested in itf2 and Articles 37(7) and (8) of the Social Security Pensions (Northern Ireland) Order 1975f3 and of every other power enabling it in that behalf and after consultation with the Association of Local Authorities of Northern Ireland, 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

S.I. 1972/1073 (N.I. 10); Article 14 was amended by Article 12 of the Pensions (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I. 1990/1509 (N.I. 13))

f2

S.R. & O. (N.I.) 1973 No. 504 Art. 7(1); S.I. 1976/424 (N.I. 6)

f3

S.I. 1975/1503 (N.I. 15); Article 37(7) was amended by the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977 (S.I. 1977/610 (N.I. 11)), Article 18(7), by the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)), Schedule 3, paragraph 19(b), and by the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16)), Schedule 3, paragraph 2(1); Article 37(8) was amended by the Social Security (Northern Ireland) Order 1985 Schedule 3, paragraph 8 and a relevant exception to it was prescribed by the Occupational Pension Schemes (Revaluation) Regulations (Northern Ireland) 1985 (S.R. 1985 No. 357), regulation 9, as amended by the Contracting-out (Miscellaneous Amendments) Regulations (Northern Ireland) 1988 (S.R. 1988 No. 108), regulation 2(11)

Contents

  1. Part A: PRELIMINARY
  2. A1Citation and commencement
  3. A2Interpretation
  4. Part B: PENSIONABLE EMPLOYMENT
  5. B1Pensionable employees
  6. B2Opting into pensionable employment
  7. B3Opting out of pensionable employment
  8. B4Rejoining pensionable employment
  9. B5Power to admit employees of other bodies
  10. B6Treatment of certain additional duties
  11. B7Treatment of certain separate employments
  12. B8Deemed employments
  13. Part C: PAYMENTS BY EMPLOYEES
  14. C1Payment and amount of employee’s contributions
  15. C2Leave of absence from duty
  16. C3Absence due to trade dispute
  17. C4Lump sum payment to increase reckonable service
  18. C5Periodical payments to increase reckonable service
  19. C6Additional payments by certain pensionable employees in respect of previous service
  20. C7Additional payments in respect of previous part-time service
  21. C8Discontinuance of periodical payments in certain cases
  22. C9Payments to avoid reduction of retiring allowance and death grant
  23. C10Continuation of certain payments
  24. C11Further additional contributions
  25. C12Effect of opting out of pensionable employment on certain additional payments
  26. C13Statement of remuneration received otherwise than from employing authority
  27. C14Deduction and recovery of employee’s contributions
  28. C15Return of employee’s contributions in certain cases
  29. C16Effect of return to local government on right to a return of contributions
  30. C17Reduction of returned contributions following payment in lieu of contributions
  31. C18Limitation of payments
  32. Part D: SERVICE
  33. D1Reckonable service
  34. D2Qualifying service
  35. D3Exclusion from reckonable service and qualifying service
  36. D4Increase of reckonable service on lump sum payment
  37. D5Increase of reckonable service on making periodical payments
  38. D6Increase of reckonable service on completion or cessation of payments under former regulations
  39. D7Increase of reckonable service at discretion of employing authority
  40. D8Reduction of added years reckonable on payment as reckonable service
  41. D9Previous service of certain pensionable employees
  42. D10Previous service of certain variable-time employees
  43. D11Previous service of certain re-employed pensioners
  44. D12Previous service of part-time employees
  45. D13Increase of reckonable service of part-time employees
  46. D14Intervals in service due to illness or injury
  47. Part E: BENEFITS
  48. E1Guaranteed minimum pension for certain pensionable employees and their widows or widowers
  49. E2Entitlement to retirement pension and retiring allowance
  50. E3Amount of retirement pension and retiring allowance
  51. E4Ill-health retirement grant
  52. E5Entitlement to widow’s short-term and long-term pensions
  53. E6Amounts of widow’s short-term and long-term pensions
  54. E7Widow’s special short-term pension
  55. E8Entitlement to children’s short-term and long-term pensions
  56. E9Amounts of children’s short-term and long-term pensions
  57. E10Children’s special short-term pension
  58. E11Death grant
  59. E12Pensions of widowers, etc.
  60. E13Reduction of retirement pension in the case of certain re-employed pensioners
  61. E14Combined benefits in the case of certain re-employed pensioners
  62. E15Separate benefits in the case of certain re-employed pensioners
  63. E16Adjustment of superannuation rights on death of certain re-employed pensioners
  64. E17Surrender of part of retirement pension
  65. E18Power to compound certain small pensions
  66. E19Pensionable remuneration
  67. E20Pay restraint not to affect pensionable remuneration in certain cases
  68. E21Certificates as to reduction in remuneration
  69. E22Calculation of part-time service
  70. E23Counting of non-contributing service
  71. E24Disregard of certain reckonable service in determining entitlement to benefits
  72. E25Counting of certain reckonable service and non-contributing service in determining entitlement to benefits
  73. E26Disregard of certain reckonable service in calculating amount of benefits
  74. E27Counting of certain reckonable service in calculating amount of benefits
  75. E28National Insurance
  76. E29Benefits not assignable
  77. E30Interest on late payment of certain benefits
  78. E31Increase in certain benefits already payable
  79. E32Entitlement to benefits where a person has given a notification in accordance with regulation B3
  80. Part F: WAR SERVICE
  81. F1Interpretation, etc.
  82. F2War service
  83. F3Election as to war service
  84. F4Modified application of regulation F3 in certain cases
  85. F5Notice of election
  86. F6Reckonable service and benefits
  87. F7Revision of certain elections
  88. Part G: MODIFICATIONS IN SPECIAL CASES
  89. G1Application to existing officers
  90. G2Special provisions for the reckoning by existing officers as service of certain kinds of employment prior to 1st April 1950
  91. G3Added years in the case of certain existing officers
  92. G4Application to certain female nurses, physiotherapists, midwives and health visitors
  93. G5Power to agree notional remuneration
  94. Part J: INTERCHANGE, ETC.
  95. J1Interpretation
  96. J2Outwards transfers
  97. J3Additional transfer value on outwards transfer in certain cases
  98. J4Amount of transfer value, etc.
  99. J5Termination of right to payment out of the fund
  100. J6Rights where a person transfers to the Communities' scheme and leaves without a right to either an immediate or prospective pension
  101. J7Compound interest on certain sums
  102. J8Inward transfers
  103. J9Right to reckon service
  104. J10Increase in return of contributions
  105. J11National Insurance modification for flat-rate retirement pension
  106. J12National Insurance modification for graduated retirement pension
  107. J13Certain persons who become subject to other superannuation schemes
  108. J14Transfer of pension rights
  109. J15Revaluation of guaranteed minimum in certain cases
  110. Part L: INJURY ALLOWANCES, ETC.
  111. L1Interpretation
  112. L2Persons to whom Part L applies
  113. L3Loss of employment through permanent incapacity
  114. L4Reduction in remuneration
  115. L5Allowances for pensioners
  116. L6Death benefits
  117. L7The relevant body
  118. L8Rights and payments to be taken into account in determining amount of benefit
  119. L9Retrospective effect
  120. L10Finance
  121. L11Notice of decisions
  122. Part M: FORFEITURE, ETC.
  123. M1Forfeiture of rights
  124. M2Transfer of certain sums from the fund
  125. M3Recovery or retention by employing authority of certain sums from the fund
  126. Part N: DECISIONS AND APPEALS
  127. N1Initial decisions
  128. N2Decisions by employing authorities as to status of employees
  129. N3Decisions by the Committee as to status of employees
  130. N4Decisions by the Committee as to war service
  131. N5Decisions by the Committee as to entitlement to benefits
  132. N6Decisions by the Committee as to amount of benefits
  133. N7Notification of decisions
  134. N8Appeals
  135. Part P: ADMINISTRATION AND MANAGEMENT
  136. P1Constitution and powers of the Committee
  137. P2Management of the fund
  138. P3Use and investment of fund’s moneys
  139. P4Accounts, audit and annual report
  140. P5Periodical valuation of fund
  141. P6Actuary’s certificates
  142. P7Employer’s contributions
  143. P8Employer’s additional contributions
  144. P9Employer’s further payments
  145. P10Payments by employing authorities to the Committee
  146. P11Extra charges resulting from early retirement
  147. P12Pensions Order payments
  148. Part R: MISCELLANEOUS POWERS AND DUTIES OF AUTHORITIES
  149. R1Information to be supplied by certain employees
  150. R2Records to be kept by authorities
  151. R3Transmission of documents and information
  152. R4Payments due in respect of deceased persons
  153. R5Pensions Order premiums
  154. Part S: MISCELLANEOUS AND SUPPLEMENTAL
  155. S1Periods of time
  156. S2Application to benefits in respect of former employments
  157. S3Revocations
  158. Signature
  159. Schedule 1Glossary of Expressions
  160. Schedule 2: Pensionable Employees
  161. ISCHEDULED BODY
  162. Part II: WHOLE-TIME PENSIONABLE EMPLOYEES EMPLOYED IN A MANUAL CAPACITY
  163. 1Paragraph 1
  164. 2Paragraph 2
  165. 3Paragraph 3
  166. Part III: PERSONS EMPLOYED IN A QUALIFYING PART-TIME EMPLOYMENT
  167. 1Paragraph 1
  168. 2Paragraph 2
  169. 3Paragraph 3
  170. Schedule 3: Maximum Length of Additional Periods
  171. 1Paragraph 1
  172. 2Paragraph 2
  173. Schedule 4: Amount to be paid for Additional Period
  174. Part I: LUMP SUM PAYMENT
  175. 1Paragraph 1
  176. Part II: PERIODICAL PAYMENTS
  177. 2Paragraph 2
  178. 3Paragraph 3
  179. Schedule 5: Payment to Avoid Reduction of Retiring Allowance
  180. Part I: LUMP SUM PAYMENT
  181. 1Paragraph 1
  182. 2Paragraph 2
  183. Part II: INSTALMENTS
  184. 3Paragraph 3
  185. 4Paragraph 4
  186. 5Paragraph 5
  187. Part III: ADDITIONAL CONTRIBUTIONS
  188. 6Paragraph 6
  189. 7Paragraph 7
  190. 8Paragraph 8
  191. 9Paragraph 9
  192. Part IV: UNCOMPLETED PAYMENTS
  193. 10Paragraph 10
  194. 11Paragraph 11
  195. 12Paragraph 12
  196. 13Paragraph 13
  197. 14Paragraph 14
  198. 15Paragraph 15
  199. Schedule 6: Further Additional Contributions
  200. 1Paragraph 1
  201. 2Paragraph 2
  202. 3Paragraph 3
  203. 4Paragraph 4
  204. 5Paragraph 5
  205. 6Paragraph 6
  206. 7Paragraph 7
  207. 8Paragraph 8
  208. 9Paragraph 9
  209. 10Paragraph 10
  210. Schedule 7Limitation of Payments under Part C
  211. Schedule 8: Uncompleted Payment of Additional Contributions
  212. 1Paragraph 1
  213. 2Paragraph 2
  214. 3Paragraph 3
  215. 4Paragraph 4
  216. 5Paragraph 5
  217. 6Paragraph 6
  218. Schedule 9: Additional Reckonable Service for Ill-health
  219. 1Paragraph 1
  220. 2Paragraph 2
  221. 3Paragraph 3
  222. Schedule 10: Payment for Additional Reckonable Service of Part-time Employees
  223. Part I: AMOUNT TO BE PAID FOR ADDITIONAL PERIOD
  224. 1Paragraph 1
  225. 2Paragraph 2
  226. Part II: CALCULATION OF ADDITIONAL PERIOD
  227. 3Paragraph 3
  228. 4Paragraph 4
  229. 5Paragraph 5
  230. 6Paragraph 6
  231. 7Paragraph 7
  232. 8Paragraph 8
  233. Schedule 11Reduction of Benefits on Early Payment
  234. Schedule 12: Surrender of Part of Retirement Pension
  235. Part I: LIMITS ON AMOUNT SURRENDERED
  236. 1Paragraph 1
  237. 2Paragraph 2
  238. Part II: PROCEDURE
  239. 3Paragraph 3
  240. 4Paragraph 4
  241. 5Paragraph 5
  242. 6Paragraph 6
  243. 7Paragraph 7
  244. 8Paragraph 8
  245. 9Paragraph 9
  246. Schedule 13: Women’s Services
  247. 1Paragraph 1
  248. 2Paragraph 2
  249. 3Paragraph 3
  250. 4Paragraph 4
  251. 5Paragraph 5
  252. 6Paragraph 6
  253. 7Paragraph 7
  254. 8Paragraph 8
  255. 9Paragraph 9
  256. 10Paragraph 10
  257. 11Paragraph 11
  258. Schedule 14: Public Service Schemes
  259. Part I
  260. 1Paragraph 1
  261. 2Paragraph 2
  262. 3Paragraph 3
  263. 4Paragraph 4
  264. Part II
  265. 5Paragraph 5
  266. 6Paragraph 6
  267. Part III
  268. 7Paragraph 7
  269. 8Paragraph 8
  270. 9Paragraph 9
  271. 10Paragraph 10
  272. Schedule 15: Modifications to the Regulations in their Application to Special Cases
  273. Part I: EXISTING OFFICERS
  274. 1Paragraph 1
  275. 2Paragraph 2
  276. 3Paragraph 3
  277. 4Paragraph 4
  278. 5Paragraph 5
  279. 6Paragraph 6
  280. 7Paragraph 7
  281. 8Paragraph 8
  282. 9Paragraph 9
  283. 10Paragraph 10
  284. 11Paragraph 11
  285. Part II: CERTAIN FEMALE NURSES, PHYSIOTHERAPISTS, MIDWIVES AND HEALTH VISITORS
  286. 1Paragraph 1
  287. 2Paragraph 2
  288. 3Paragraph 3
  289. Schedule 16: Calculation of Transfer Values
  290. Part I
  291. 1Paragraph 1
  292. 2Paragraph 2
  293. 3Paragraph 3
  294. IIPart II
  295. IIIPart III
  296. IVPart IV
  297. VPart V
  298. Schedule 17: Calculation of reckonable service to be credited under regulation J9(1)(a)
  299. 1Paragraph 1
  300. 2Paragraph 2
  301. Schedule 18: Fund apportionment where 100 or more transfer their pension rights under regulation J14
  302. Part I
  303. 1Paragraph 1
  304. 2Paragraph 2
  305. 3Paragraph 3
  306. 4Paragraph 4
  307. 5Paragraph 5
  308. 6Paragraph 6
  309. 7Paragraph 7
  310. 8Paragraph 8
  311. 9Paragraph 9
  312. 10Paragraph 10
  313. 11Paragraph 11
  314. 12Paragraph 12
  315. 13Paragraph 13
  316. 14Paragraph 14
  317. 15Paragraph 15
  318. 16Paragraph 16
  319. 17Paragraph 17
  320. 18Paragraph 18
  321. 19Paragraph 19
  322. Part II
  323. 20Paragraph 20
  324. 21Paragraph 21
  325. 22Paragraph 22
  326. Schedule 19Bodies to certain of whose employees Part L applies
  327. Schedule 20: The Committee
  328. Part I: CONSTITUTION OF THE COMMITTEE
  329. 1Paragraph 1
  330. 2Paragraph 2
  331. 3Paragraph 3
  332. 4Paragraph 4
  333. 5Paragraph 5
  334. 6Paragraph 6
  335. 7Paragraph 7
  336. 8Paragraph 8
  337. 9Paragraph 9
  338. Part II: POWERS OF THE COMMITTEE
  339. 1Paragraph 1
  340. 2Paragraph 2
  341. 3Paragraph 3
  342. 4Paragraph 4
  343. 5Paragraph 5
  344. 6Paragraph 6
  345. 7Paragraph 7
  346. 8Paragraph 8
  347. 9Paragraph 9
  348. 10Paragraph 10
  349. 11Paragraph 11
  350. 12Paragraph 12
  351. 13Paragraph 13
  352. 14Paragraph 14
  353. Part III: EXPENSES AND ALLOWANCES PAYABLE BY THE COMMITTEE
  354. 1Paragraph 1
  355. 2Paragraph 2
  356. 3Paragraph 3
  357. 4Paragraph 4
  358. 5Paragraph 5
  359. 6Paragraph 6
  360. Schedule 21Revocations
  361. Explanatory note