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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Local Government Pension Scheme (Amendment No. 3) Regulations (Northern Ireland) 2007 No. 448 URL: http://www.bailii.org/nie/legis/num_reg/2007/20070448.html

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Amendment of Regulations
     2. The Local Government Pension Scheme Regulations (Northern Ireland) 2002[3] shall be amended in accordance with regulations 3 to 15.

Limit on total amount of benefits
     3. In regulation 18A(1) (limit on total amount of benefits)[4] after "under any provision" insert "except as provided in regulation 52(1) (commutation: exceptional ill-health)".

Calculations
     4. In regulation 19(3A) (calculations)[5] after "surrendered" insert "but the entitlement to the benefit shall not arise until the date on which the Committee receives the information it requires to calculate the increase".

Retirement after the normal retirement date
     5. For regulation 27 (retirement after the normal retirement date)[6] substitute—

" Retirement after the normal retirement date
     27. —(1) A member who remains in service after his 65th birthday is entitled to the immediate payment of a pension and retirement grant when he retires from service or, if earlier, on the day before his 75th birthday.

    (2) A member is not entitled to count any period of service as a period of membership on or after the day before his 75th birthday and is not an active member after that day.".

Amounts of ill-health pension and grant
     6. In regulation 30(3) (amounts of ill-health pension and grant)[7]—

(a) delete "40 years or"; and

(b) delete "whichever is the shorter".

Re-employed pensioners
     7. For regulation 31 (re-employed pensioners)[8] substitute—

" Re-employed pensioners
     31. —(1) Where a pensioner member becomes an active member again, his former membership shall be taken into account only for the purpose of calculating whether he has the necessary total membership referred to in—


(a) regulation 18(1)(a) to be entitled to benefits under this Chapter; and

(b) regulation 30(1) to be entitled to calculate his ill-health pension and grant by reference to the enhanced membership period.



    (2) Where a member to whom benefits are paid in accordance with regulation 38(1A) continues to accrue membership after the date on which payment of such benefits takes effect ("the payment date"), his membership prior to the payment date shall only be taken into account after the payment date for the purpose of making the calculations referred to in paragraph (1).".

Death grants
     8. In regulation 41(1) (death grants), after "If a member dies" insert "before his 75th birthday".

Commutation: small pensions
     9. In regulation 51 (commutation: small pensions)[9]—

(a) for paragraph (1) substitute—

    " (1) A lump sum which is a trivial commutation lump sum within the meaning of section 166 of the Finance Act 2004[10] or a trivial commutation lump sum death benefit within the meaning of section 168 of that Act may be paid in accordance with the rules relating to the payment of such benefits under that Act."; and

(b) for paragraph (3) substitute—

    " (3) The payment of a lump sum for that pension discharges the Committee from its liability for the pension or any other benefit payable under the Scheme in respect of the member.".

Commutation: exceptional ill-health
     10. In regulation 52(1) (commutation: exceptional ill-health)[11] for "of his retirement pension" substitute "of his annual rate of retirement pension, notwithstanding that such lump sum may exceed his lifetime allowance".

Power of employing authority to increase total membership
     11. In regulation 54(2)(a) (power of employing authority to increase total membership)[12] for "6 ²⁴³/₃₆₅ years" substitute "10 years".

Elections to pay AVCs
     12. In regulation 62 (elections to pay AVCs)—

(a) after paragraph (2), insert—

    " (2A) An election may be made in respect of each employment in respect of which he is a member.

    (2B) The maximum a person may specify under paragraph (2) in respect of each employment for which he makes such an election is 50 per cent of the remuneration of that employment or an amount equal to 50 per cent of the remuneration of that employment.";

(b) in paragraph (3), for "It" substitute "The election".

Payments of AVCs
     13. In regulation 63(1) (payment of AVCs) after "usual pay day" insert "and must be paid from his pay".

Death benefits
     14. In regulation 65(3) (death benefits) for "and the provisions which apply under these Regulations" substitute ", the provisions which apply under these Regulations and must meet the conditions imposed under section 167 of the Finance Act 2004".

Commutation: small pensions
     15. In regulation 142 (commutation: small pensions)[13]—

(a) in paragraph (1) for "as defined in paragraph 7 of Schedule 29 to" substitute "within the meaning of section 166 of";

(b) in paragraph (2) delete "as defined in paragraph 7 of Schedule 29 to the Finance Act 2004".

Sealed with the Official Seal of the Department of the Environment on


25th October 2007.

L.S.

J Ritchie
A senior officer of the Department of the Environment

[2] S.R. & O. () 1973 No. 504 Article 7(1); 1976/424 ( 6).back

[3] S.R. 2002 No. 352; relevant amending Regulations are S.R. 2005 No. 274 and S.R. 2007 No. 152.back

[4] Regulation 18A was inserted by S.R. 2007 No. 152.back

[5] Regulation 19(3A) was added by S.R. 2007 No. 152back

[6] Regulation 27 was amended by S.R. 2007 No. 152.back

[7] Regulation 30 was amended by S.R. 2005 No.274.back

[8] Regulation 31 was substituted by S.R. 2005 No. 274.back

[9] Regulation 51 was substituted by S.R. 2007 No. 152.back

[10] 2004 c.12.back

[11] Regulation 52 was amended by S.R 2007 No. 152.back

[12] Regulation 54(2) was substituted by S.R. 2005 No. 274 and amended by S.R 2007 No. 152.back

[13] Regulation 142 was substituted by S.R. 2007 No. 152.back

 © Crown copyright 2007