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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 152

LOCAL GOVERNMENT

Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007

  Made 9th March 2007 
  Coming into operation in accordance with regulation 1

The Department of the Environment, in exercise of the powers conferred by Articles 9 and 14 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972[1] and now vested in it[2].

     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:



PART 1

GENERAL

Citation, commencement, interpretation and retrospection
     1. —(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation in accordance with paragraph (2).

    (2) These Regulations shall come into operation as follows—

    (3) In these Regulations—

Amendment of the principal Regulations
     2. The principal Regulations shall be amended in accordance with regulations 3 to 8(1), 9 to 30(1), 31(1), 32 to 57 and 60 to 64.



PART 2

THE TAX REGIME

Requirements for admission agreements
    
3. Regulation 4B(4) (requirements for admission agreements) shall be deleted.

Further restrictions on eligibility
    
4. At regulation 5(3) (further restrictions on eligibility) for the words "his 65th birthday" there shall be substituted "the day before his 75th birthday".

Periods of membership: "total membership"
    
5. In regulation 8(2) (periods of membership: "total membership") for the words "regulations 9, 10, 31 and 34, Schedule 4 and the Transitional Regulations" there shall be substituted "regulations 9, 10, 10A, 31 and 34 and the Transitional Regulations".

High earners
    
6. After regulation 10 (length of period of membership: calculation of benefit) there shall be inserted—

Members' contributions
    
7. In regulation 11 (members' contributions)—

Employer's discretion to reduce member's contribution rate
    
8. —(1) Regulation 14 (employer's discretion to reduce member's contribution rate) shall be deleted.

    (2) Where, before its deletion by paragraph (1), a member's liability to make contributions to the Scheme has been reduced or, as the case may be, extinguished in accordance with regulation 14, his employing authority may recover any such contributions as would otherwise have been made.

Inland revenue limits on contributions
    
9. Regulation 15 (inland revenue limits on contributions) shall be deleted.

Limit on total amount of benefits and deduction of tax
    
10. After regulation 18 (general qualification for benefits) there shall be inserted—

Calculations
    
11. In regulation 19 (calculations)—

Final pay
    
12. At regulation 22(1) (final pay) the words "and Schedule 4" shall be deleted.

Revenue restrictions
    
13. Regulation 25 (revenue restrictions) shall be deleted.

Retirement after normal retirement date
    
14. In regulation 27 (retirement after the normal retirement date) after the words "from service" there shall be inserted "or, if earlier, on the day before his 75th birthday".

Re-employed and rejoining deferred members
    
15. Regulation 34(2) (re-employed and rejoining deferred members) shall be deleted.

Surrenders of pensions
    
16. Regulation 36 (surrenders of pensions) shall be deleted.

Requirements as to time of payment
    
17. In regulation 38 (requirements as to time of payment)—

Guaranteed minimum pensions etc.
    
18. Regulation 39(7), (8) and (9) (guaranteed minimum pensions etc.) shall be deleted.

Surviving spouse's or civil partner's long-term pension
    
19. In regulation 43 (surviving spouse's or civil partner's long-term pension)—

Reduction of some surviving spouses' pensions
    
20. In regulation 44(4)(c) (reduction of some surviving spouses' pensions) the words "or paragraph 7 of Schedule 4 (or treated by the Transitional Regulations as so made)" shall be deleted.

Meaning of "eligible child"
    
21. In regulation 46 (meaning of "eligible child")—

Children's long-term pensions
    
22. For regulation 48(7)(b) (children's long-term pensions) there shall be substituted—

Commutation: small pensions
    
23. For regulation 51 (commutation: small pensions) there shall be substituted—

Commutation: exceptional ill-health
     24. In regulation 52 (commutation: exceptional ill-health)—

Scope of Part III: limits on benefits
     25. Regulation 53(2) (scope of part III: limits on benefits) shall be deleted.

Power of employing authority to increase total membership
    
26. In regulation 54 (power of employing authority to increase total membership)—

Effect of increases under this Chapter for older members
    
27. Regulation 56 (effects of increases under this chapter for older members) shall be deleted.

Payments to increase total membership
    
28. For regulation 57(2) (payments to increase total membership) there shall be substituted—

Effect of increases under this Chapter for older members
    
29. Regulation 59 (effects of increases under this chapter for older members) shall be deleted.

Election for pension in lieu of retirement grant
    
30. —(1) Regulation 60 (election for pension in lieu of retirement grant) shall be deleted.

    (2) Where, before its deletion by paragraph (1), a deferred member, who was a member before 1st February 2003, has become entitled to the immediate payment of a pension under Part D of the 2000 Regulations, he may make an election under this regulation, subject to regulation 19 of the principal Regulations, for the whole or part of the retirement grant or, in the case where the entitlement to pension is under regulation D7 of the 2000 Regulations, of the ill-health retirement grant to be used instead by the Scheme to provide pension for him.

Election for lump sum in lieu of pension
    
31. —(1) Regulation 61 (election for lump sum in lieu of pension) shall be deleted.

    (2) Where, before its deletion by paragraph (1), a deferred member, who was a member before 1st February 2003, has become entitled to the immediate payment of a pension under Part D of the 2000 Regulations, he may make an election under this regulation, subject to regulation 19 of the principal Regulations, for part of the pension or, in the case where the entitlement to pension is under regulation D7 of the 2000 Regulations, of the ill-health pension to be used instead by the Scheme to provide a lump sum for him.

Retirement benefits
    
32. Regulation 66(5) and (6) (retirement benefits) shall be deleted.

Elections as to use of accumulated value of AVCs
    
33. Regulation 68(6) (elections as to use of accumulated value of AVCs) shall be deleted.

Application and investment of SCAVCs
    
34. In regulation 72(3) for the words "66(2) to (6)" there shall be substituted "66(2) to (4)".

Accounts and audit
    
35. After regulation 76(2) (accounts and audit) there shall be inserted—

Employer's further payments
    
36. In regulation 80(4)—

Over-provision: calculation and return of surplus AVC and SCAVC funds
    
37. Regulation 86 (over-provision: calculation and return of surplus AVC and SCAVC funds) shall be deleted.

Rights to return of contributions
    
38. In regulation 88(7), for the words "under section 598 of the Taxes Act (charge to tax on repayment of employee's contributions)" there shall be substituted "as a short service refund lump sum charge under section 205 of the Finance Act 2004".

Commencement of pensions
    
39. For regulation 94(2)(c) (commencement of pensions) there shall be substituted—

Treatment of other benefits
    
40. After regulation 97 (non-assignability) there shall be inserted—

Decisions as to status of employees and decisions as to benefits
    
41. In regulation 99(2) (decisions as to status of employees and decisions as to benefits)—

Statements of policy concerning exercise of discretionary functions
    
42. In regulation 108(1) (statements of policy concerning exercise of discretionary functions) after the words "regulation 33 (early leavers)" there shall be inserted ", regulation 38 (requirements as to time of payment)".

Commutation: small pensions
    
43. For regulation 142 (commutation: small pensions) there shall be substituted—

Commutation: serious ill-health
    
44. In regulation 143(7) (commutation: serious ill-health) for the words "section 599 of the Income and Corporation Taxes Act 1988" there shall be substituted "Part 9 of the Income Tax (Earnings and Pensions) Act 2003".

Interpretation
    
45. In Schedule 1 (interpretation)—

Matters to be included in an admission agreement in certain cases
     46. In Schedule 2 (matters to be included in an admission agreement in certain cases), paragraph 4 shall be deleted.

Excluded membership
    
47. In Schedule 3 (excluded membership)—

Revenue restrictions
    
48. Schedule 4 (revenue restrictions) shall be deleted.



PART 3

THE 85 YEAR RULE

Normal retirement
    
49. Regulation 26(3) (normal retirement) shall be deleted.

Other early leavers: deferred retirement benefits and elections for early payment
    
50. In regulation 33 (other early leavers: deferred retirement benefits and elections for early payment)—

Re-employed and rejoining deferred members
    
51. In regulation 34(5)(a) (re-employed and rejoining deferred members) for the words ", 31 and 33(4)" there shall be substituted "and 31".

Payments to increase total membership
    
52. For regulation 57(9) (payments to increase total membership) there shall be substituted—

Commencement of pensions
    
53. Regulation 94(2)(b) (commencement of pensions) shall be deleted.

Right to count a credited period
    
54. In regulation 125 (right to count a credited period)—

Credited periods for transferring members with mis-sold pension rights
    
55. In regulation 126(3) after the words "pension period" there shall be inserted "(and regulation 125(6A) does not apply to a transfer value credited under this regulation)".

Rights as to service not matched by credited period
    
56. Regulation 127(2)(b) (rights as to service not matched by credited period) shall be deleted.

Interpretation
    
57. In Schedule 1 (interpretation), in the definition of "normal retirement age" for the word "26(3)" there shall be substituted "26(4)".



PART 4

TRANSITIONAL PROVISIONS

Transitional provisions and savings
    
58. The Schedule (transitional provisions and savings) shall have effect.

Right to opt out
    
59. —(1) Where–

then the principal Regulations shall have effect in relation to him as if those amendments had never been made.

    (2) For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who–

before 6th April 2006, in respect of amendments made by Parts 2 and 4.



PART 5

GOVERNANCE AND COMMUNICATION POLICY STATEMENTS

Governance policy statement
    
60. After regulation 75 (the fund) there shall be inserted—

Communication policy statements
     61. After regulation 108A (annual benefit statements) there shall be inserted—



PART 6

MINOR TECHNICAL AMENDMENTS

Further restrictions on eligibility
    
62. For regulation 5(4) (further restrictions on eligibility) there shall be substituted—

First instance decisions
     63. For regulation 98(6)(b) (first instance decisions) there shall be substituted—

Interpretation
     64. In Schedule 1 (interpretation) at the definition of "Scheme managers" in paragraph (a) after the word "fire" there shall be inserted "and rescue".



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


9th March 2007.

L.S.


J Ritchie
A senior officer of the Department of the Environment


SCHEDULE
Regulation 58


Transitional Provisions and Savings


     1. Where a member —

that part of his retirement pension and grant which is calculated by reference to any period of membership before the relevant date shall not be reduced in accordance with regulation 33(4) of the principal Regulations (as amended by regulation 50).

     2. For the purposes of paragraph 1, the relevant date, for a member who was a member before 1st October 2006 is —

     3. For the purposes of this Schedule, a member satisfies the 85 year rule if the sum of —

is 85 years or more.

     4. Where a member who may elect under regulation 34(1) (re-employed and rejoining deferred members) of the principal Regulations does not do so or does not so elect as respects all periods of his membership, in applying paragraph 2 as respects any later membership, his total membership excludes unaggregated periods.

     5. —(1) This paragraph applies to a member who was an active member before 1st October 2006 who—

    (2) Where a member to whom this paragraph applies —

he shall not pay any additional contributions after that date and the whole of the additional period may be counted as part of his total membership.

    (3) An additional period counted as a period of total membership as a result of this paragraph shall be treated as a period of membership before 1st April 2008.

     6. —(1) This paragraph applies to a member who retires, having reached the age of 60, between 1st April 2016 and 31st March 2020, and who would (but for the provisions of paragraphs 1 and 2) have satisfied the 85 year rule before the latter date.

    (2) That part of his retirement pension and grant which is calculated by reference to any period of membership after 31st March 2008 shall be reduced in accordance with guidance issued by the Government Actuary.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make a number of amendments to the Local Government Pension Scheme ("the Scheme") constituted by the Local Government Pension Scheme Regulations, as amended ("the principal Regulations").

Article 14 of the Superannuation (Northern Ireland) Order 1972 confers express powers to make regulations retrospective in effect. These Regulations are retrospective, however, no one will be adversely affected by the retrospection.

Part 2 makes a number of amendments to the principal Regulations to address changes in the tax regime consequent on the Finance Act 2004.

Part 3 deals with what has become known as the "85 year rule". This term refers to the current provisions of the Scheme, which allow members to retire and take their pension entitlements without actuarial reduction if the sum of their age and their length of service equals 85 years or more. Members over 60 can do so as of right; members over 50 but under 60 require their employer's consent. Part 3 makes a number of technical amendments to the principal Regulations to remove the 85 year rule.

Part 4 and the Schedule make amendments in relation to transitional provisions and savings.

Part 5 inserts the following new provisions—

Part 6 makes the following minor technical amendments—


Notes:

[1] 1972/1073 ( 10); . 9 was amended by . 34 S.I. 2005/1968 (N.I. 18); . 14 was amended by . 12 S.I. 1990/1509 ( 13).back

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

[3] S.R. 2000 No. 177; relevant amending Regulations are S.R. 2001 No. 61 and S.R. 2002 No. 353.back

[4] S.R. 2002 No. 352; relevant amending Regulations are S.R. 2005 No.206, S.R. 2005 No. 274, 2006 No. 6 and S.R. 2006 No. 112.back

[5] S.R. 2002 No. 353 to which there are amendments not relevant to these Regulations.back

[6] 2004 c.12; relevant provisions of Schedule 36 are amended by the Finance Act 2005 (c.7), Schedule 10, paragraphs 52 to 54 and modified by S.I. 2006/572.back

[7] 2003 c. 1; relevant provisions of Part 9 are amended by 2004 c. 12, 2005 c. 5 and 2005 c. 7.back

[8] 1983 c.54.back

[9] The functions of the Commissioners for Inland Revenue were transferred to the Commissioners for Her Majesty's Revenue and Customs by the Commissioners for Revenue and Customs Act 2005 (c.11), section 5.back

[10] S.I. 2006/1254 ( 9)back

[11] S.I. 2003/1250 as amended by S.I. 2004/1947.back

[12] The Faculty of Occupational Medicine is a registered charity no. 1035415.back


[a] Amended by Correction Slip. Page 13 regulation 75A (2) "....1st April 2007." should read "....1st April 2008" back




ISBN 978 0 337 96919 5


 © Crown copyright 2007

Prepared 14 March 2007


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