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Local Government Pension Scheme (Administration) Regulations (Northern Ireland) 2009

S.R. 2009/33 · Made 25 February 2009 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 18 November 2019.

Local Government

Made 25th February 2009

Coming into operation 1st April 2009

F1The Department of the Environment make these Regulations in exercise of the powers conferred by Article 9 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972f1 and now vested in itf2.C1

In accordance with Article 9 of that Order the Department has consulted with the Northern Ireland Local Government Association, 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.

Annotations to the whole text

Textual amendments

F1

Regulations revoked (except reg. 4 for specified purposes, reg. 6 for specified purposes and reg. 11) (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(1), Sch. 2 (with regs. 3, 13, 14(1)(d), Sch. 5)

Modifications

C1

Regulations applied (with modifications) (9.5.2011) by S.R. 2009/33, reg. 3A, Sch. 4 (as inserted by Local Government Pension Scheme (Councillors) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/117), regs. 1, 3(2)(4), Sch. 2)

Footnotes

f1

S.I. 1972/1073 (N.I. 10); Art. 9 was amended by Art. 34 S.I. 2005/1968 (N.I. 18); Art. 14 was amended by Art. 12 S.I. 1990/1509(N.I. 13).

f2

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

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: MEMBERSHIP OF SCHEME
  5. 3General eligibility for membership
  6. 3AEligibility of councillors
  7. 4Employees of community admission bodies
  8. 5Employees of transferee admission bodies
  9. 6Admission agreements – further provisions
  10. 7Separate employments, etc.
  11. 8Further restrictions on eligibility
  12. 9Joining the Scheme
  13. 10Ending of membership
  14. 11Periods of membership
  15. 12Re-employed and rejoining deferred members
  16. 13Concurrent employments
  17. Part 3: CONTRIBUTIONS
  18. 14Contributions during child-related leave
  19. 15Contributions during reserve forces service leave
  20. 16Contributions during trade dispute absence
  21. 17Contributions during absences with permission
  22. 18Applications to make absence contributions
  23. 19Payment of additional regular contributions (ARCs)
  24. 20Discontinuance of ARCs
  25. 20APayment of additional contributions: survivor benefits (ASBCs)
  26. 20BDiscontinuance of ASBCs
  27. 21Additional voluntary contributions and shared cost additional voluntary contributions
  28. 22Use of accumulated value of AVCs and SCAVCs
  29. 23Separate treatment of AVCs and SCAVCs from other contributions
  30. 24Cost of calculations of additional pension where no notification given under regulation 22(4)
  31. Part 4: PENSION FUND AND EMPLOYERS’ PAYMENTS
  32. 25Administration and management
  33. 26The fund
  34. 27Governance policy statement
  35. 28Admission agreement funds
  36. 29Accounts and audit
  37. 30Funding strategy statement
  38. 31Actuarial valuations and certificates
  39. 32Supply of copies of valuations, certificates, etc.
  40. 33Special circumstances where revised actuarial valuations and certificates must be obtained
  41. 33AApportionment of liabilities
  42. 34Contributing body’s contributions
  43. 35Employer’s payment following resolution to increase membership or award additional pension
  44. 36Employer’s further payments
  45. 37Payments by employing authorities to the Committee
  46. 38Additional costs arising from employing authority’s level of performance
  47. 39Interest
  48. 40Deduction and recovery of a member’s contributions
  49. 41Rights to return of contributions
  50. 42Exclusion of rights to return of contributions
  51. Part 5: PAYMENT OF BENEFITS, ETC.
  52. 43Pension increases under the Pension Schemes (Northern Ireland) Act 1993
  53. 44Contributions equivalent premiums
  54. 45Commencement of pensions
  55. 45AGuaranteed minimum pensions
  56. 45BSurvivor benefits: guaranteed minimum pension
  57. 45CJoint liability in respect of annual allowance charge
  58. 46Interest on late payment of certain benefits
  59. 47Payments due in respect of deceased persons
  60. 47APayments for persons incapable of managing their affairs
  61. 48Non-assignability
  62. Part 6: DETERMINATION OF QUESTIONS AND DISPUTES
  63. 49Interpretation of Part
  64. 50First instance decisions – general
  65. 51First instance determinations: ill-health
  66. 52Notification of first instance decisions
  67. 53Appointment of persons to resolve disputes
  68. 54Right to apply for an appointed person to review a decision
  69. 55Notice of decisions by the appointed person under regulation 54
  70. 56Reference of disagreement to the Committee
  71. 57Notice of decisions by the Committee under regulation 56
  72. 58Rights of representation
  73. 59Referral of decisions under regulation 50(1) to the county court
  74. Part 7: POLICY STATEMENTS AND INFORMATION
  75. 60Exchange of information by authorities
  76. 61Pension administration strategy
  77. 62Exercise of discretionary functions: policy statements
  78. 63Communication policy statements
  79. 64Annual benefit statements
  80. 64APension savings statements
  81. 65Information to be supplied by employees
  82. Part 8: SPECIAL ADJUSTMENTS
  83. 66Statements of policy concerning abatement of retirement pensions in new employment
  84. 67Application of abatement policy in individual cases
  85. 68Forfeiture of pension rights after conviction of employment-related offences
  86. 69Interim payments directions
  87. 70Recovery or retention where former member has misconduct obligation
  88. 71Protection of guaranteed minimum pension rights
  89. 71ARevaluation of guaranteed minimum
  90. 72Transfer of sums from the fund to compensate for former member’s misconduct
  91. Part 9: TRANSFERS
  92. 73Interpretation of Part
  93. 74Application of Chapter 4, etc.
  94. 75Rights to payment out of the fund
  95. 76Contracting-out requirements affecting transfers out
  96. 77Bulk transfers (transfer of undertakings), etc.
  97. 78Calculation of amount of transfer payment under regulation 77
  98. 79Inward transfers of pension rights
  99. 80Right to count credited period
  100. 81Community scheme transferees
  101. Part 10: PENSION SHARING
  102. Chapter: PRELIMINARY PROVISIONS
  103. 82Pension debit member
  104. Chapter: SHARING OF RIGHTS UNDER THE SCHEME
  105. 83Interpretation
  106. 84Discharge of liability for pension credit rights
  107. 85Aggregation
  108. 86Death of a person entitled to a pension credit before discharge
  109. 87Safeguarded rights
  110. 88Valuation date
  111. Chapter: PENSION CREDIT MEMBERS AND PENSION CREDIT
  112. 89Application of the Regulations to pension credit members
  113. 90Calculation
  114. 91Payment of benefits
  115. 92Death grants: pension credit members
  116. 93Commutation: small pensions
  117. Chapter: TRANSFERS
  118. 94Transfers out
  119. 95Transfers in
  120. Signature
  121. Schedule 1INTERPRETATION
  122. Schedule 2: MATTERS TO BE INCLUDED IN ADMISSION AGREEMENTS WITH ... ADMISSION BODIES
  123. 1Paragraph 1
  124. 2Paragraph 2
  125. 2AParagraph 2A
  126. 3Paragraph 3
  127. 4Paragraph 4
  128. 5Paragraph 5
  129. 6Paragraph 6
  130. 7Paragraph 7
  131. 8Paragraph 8
  132. 9Paragraph 9
  133. 10Paragraph 10
  134. 11Paragraph 11
  135. 12Paragraph 12
  136. Schedule 3: THE COMMITTEE
  137. Part 1: CONSTITUTION OF THE COMMITTEE
  138. 1Paragraph 1
  139. 2Paragraph 2
  140. 3Paragraph 3
  141. 4Paragraph 4
  142. 5Paragraph 5
  143. 6Paragraph 6
  144. 7Paragraph 7
  145. 8Paragraph 8
  146. 9Paragraph 9
  147. Part 2: POWERS OF THE COMMITTEE
  148. 10Paragraph 10
  149. 11Paragraph 11
  150. 12Paragraph 12
  151. 13Paragraph 13
  152. 14Paragraph 14
  153. 15Paragraph 15
  154. 16Paragraph 16
  155. 17Paragraph 17
  156. 18Paragraph 18
  157. 19Paragraph 19
  158. 20Paragraph 20
  159. 21Paragraph 21
  160. 22Paragraph 22
  161. 23Paragraph 23
  162. Part 3: EXPENSES AND ALLOWANCES PAYABLE BY THE COMMITTEE
  163. 24Paragraph 24
  164. 25Paragraph 25
  165. 26Paragraph 26
  166. 27Paragraph 27
  167. 28Paragraph 28
  168. Schedule 4: COUNCILLOR MEMBERS
  169. Chapter: Membership
  170. 1Paragraph 1
  171. 2Paragraph 2
  172. Chapter: Additional voluntary contributions and shared cost AVC schemes
  173. 3Paragraph 3
  174. 4Paragraph 4
  175. Chapter: Members’ contributions
  176. 5Paragraph 5
  177. Chapter: Transfers
  178. 6Paragraph 6
  179. 7Paragraph 7
  180. Explanatory note