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Local Government (Superannuation) Regulations (Northern Ireland) 1992

Type Ni-Statutory-Rule

Publication 1992-12-16

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(ii) was incapable of discharging efficiently the duties of that employment by reason of permanent ill-health or infirmity of mind or body;

(c) who did not cease to hold that employment in consequence of any such offence or misconduct as are mentioned in regulation C15(7);

(d) who is not apart from this regulation entitled to any payment out of the fund, other than an injury allowance under regulation 21 of the 1981 regulations or the corresponding provisions of the former regulations or a return of contributions, and has not—

(i) received any return of contributions other than one in respect of which a payment was made under regulation 28A(3) of the 1981regulations; or

(ii) received a grant under regulation 28A of the 1981 regulations; and

(e) who, if a return of contributions (increased under regulation J10 where that regulation applies) were made to him, would receive a net amount smaller than that of a grant calculated in accordance with paragraph (2).

(2) A person to whom paragraph (1) applies is entitled to be paid a grant (“an ill-health retirement grant”) of an amount equal to—

(a) 1/12th of his pensionable remuneration multiplied by the length in years of his reckonable service; or

(b) 3/80ths of his pensionable remuneration multiplied by the length in years of the total period he would have been entitled to reckon as reckonable service if—

(i) he had continued in local government employment until he had attained the age of 65 years; and

(ii) any added period payments had been completed,

whichever is the lesser amount.

Entitlement to widow’s short-term and long-term pensions

E5

(1) If, at the time of his death, a man—

(a) was entitled to receive payments in respect of a retirement pension; or

(b) would have been so entitled but for the operation of regulation E13 (reduction of certain retirement pensions); or

(i) the total of his reckonable service and any qualifying service was not less than 2 years; or

(ii) he would if he had then ceased to be employed otherwise than by reason of his death have become entitled to benefits by virtue of regulation E2(1)(e),

and he leaves a widow or widows she is, or as the case may be, they are jointly, entitled, subject to paragraphs (3) to (5), to a widow’s short-term pension for 3 months after his death and then to a widow’s long-term pension.

(2) If at the time of his death a man was entitled to preserved benefits and he leaves a widow or widows she is, or as the case may be, they are jointly, entitled, subject to paragraphs (3) to (5), to a widow’s long-term pension.

(3) A widow is not entitled to any pension by virtue of paragraphs (1) or (2) if when her husband died or became entitled to a retirement pension she was judicially separated from him.

(4) A widow is not entitled to any pension by virtue of paragraph (1)(a) or (b) or paragraph (2) if—

(a) she was not her husband’s wife at some time while he was in local government employment after 31st March 1972 and before the date on which he became entitled to a retirement pension; or

(b) her husband became entitled to a retirement pension by virtue of regulation E2(2).

(5) Where, but for paragraph (4)(a), a widow would have been entitled—

(a) under paragraph (1) to a widow’s short-term pension and to a widow’s long-term pension; or

(b) under paragraph (2) to a widow’s long-term pension,

she is entitled where sub-paragraph (a) applies to a short-term pension and a long-term pension and where sub-paragraph (b) applies to a long-term pension only, calculated in each case in accordance with regulation E6(4).

(6) A pension to which a widow is entitled by virtue of this regulation—

(a) is not payable to her during any subsequent marriage or any period of cohabitation outside marriage; and

(b) is payable from the end of any such marriage or period only if the Committee in their discretion so decide.

Amounts of widow’s short-term and long-term pensions

E6

(1) Subject to paragraphs (3) to (5), the annual rate of a widow’s short-term pension is—

(a) where regulation E5(1)(a) or (b) applies and any new employment for the purposes of regulation E13 (re-employed pensioners) was not a local government employment, the annual rate of her husband’s retirement pension immediately before the date of his death, disregarding any reduction under regulation E13;

(b) where regulation E5(1)(c) applies and the local government employment was not a new employment for the purposes of regulation E13, a rate equal to his pensionable remuneration; and

(i) if the retirement pension was not reduced under regulation E13, to the total of his pensionable remuneration in the new employment and the annual rate of the retirement pension; or

(ii) if the retirement pension was so reduced, to the total of his pensionable remuneration in the new employment and the annual rate, if any, at which the retirement pension was payable.

(2) Subject to paragraphs (3) to (5), the annual rate of a widow’s long-term pension is—

(a) where paragraph (1)(a) applies, half the annual rate of her husband’s retirement pension immediately before the date of his death;

(b) where paragraph (1)(b) applies by virtue of regulation E5(1)(c)(i), half the annual rate of the retirement pension to which her husband would have been entitled if on the date of his death he had become entitled under regulation E2(1)(b)(i) (permanent ill-health, etc.);

(c) where paragraph (1)(b) applies by virtue of regulation E5(1)(c)(ii), half the annual rate of the retirement pension to which her husband would have been entitled if on the date of his death he had become entitled under regulation E2(1)(e);

(d) where paragraph (1)(c) applies, the greater of—

(i) the total of half the annual rate of her husband’s retirement pension and half the annual rate of the retirement pension to which he would have been entitled in respect of the new employment if on the date of his death he had become entitled under regulation E2(1)(b)(i); and

(ii) half the annual rate of the retirement pension to which he would have been entitled if on the date of his death he had become entitled under regulation E2(1)(b)(i) and notice had been given under regulation E14; and

(e) where regulation E5(2) applies, half the annual rate of the retirement pension to which her husband would have been entitled if on the date of his death he had become entitled under regulation E2(1)(b)(ii).

(3) For the purposes of paragraph (2)—

(a) the retirement pension mentioned in paragraph (2)(a) is to be taken to be the pension that would have been payable but for—

(i) any increase under regulation E3(2) (certain cases where additional service is reckonable);

(ii) any reduction under regulations E3(11) (early payments) or E13 or E28 (National Insurance); and

(iii) any surrender under regulation E17; and

(b) any retirement pension mentioned in paragraph (2)(b) or (d) is to be taken to be the pension that would have been payable but for any surrender under regulation E17, and if the pension would have been increased under regulation E3(2) or reduced under regulation E28 no account is to be taken of that increase or reduction.

(4) Where regulation E5(5) (post-retirement marriages) applies—

(a) the references in paragraphs (1)(a), (2)(a), (c), (d) and (e), and the second reference in paragraph (1)(c)(i), to the retirement pension are to be construed as references to, and

(b) for the purposes of paragraph (1)(c)(ii), any annual rate at which the retirement pension was payable is to be taken not to have exceeded the rate of,

the part of the pension attributable to the whole period of his service in respect of which the pension was payable which was in contracted-out employment.

(5) If greater than the annual rate calculated in accordance with paragraphs (1) to (4), the annual rate of a widow’s pension is the rate obtained by multiplying 1/160th of her husband’s pensionable remuneration by the length in years of the whole period of his service which was in contracted-out employment.

Widow’s special short-term pension

E7

(1) If at the time of his death a man was in a local government employment and he leaves a widow but neither of the conditions in regulation E5(1)(c) is satisfied, then unless when he died she was—

(a) judicially separated from him; or

(b) cohabiting with another man as his wife,

she is entitled to a widow’s special short-term pension at an annual rate equal to his pensionable remuneration.

(2) Where the deceased leaves no eligible child or there is no eligible child in the widow’s care, the pension is payable for 3 months after the death.

(3) While there is one eligible child in the widow’s care, the pension is payable for 4½ months after the death.

(4) While there are two or more eligible children in the widow’s care, the pension is payable for 6 months after the death.

Entitlement to children’s short-term and long-term pensions

E8

(1) If at the time of his death a man—

(a) was entitled to receive payments in respect of a retirement pension; or

(b) would have been so entitled but for the operation of regulation E13 (re-employed pensioners); or

(c) was in a local government employment and the total of his reckonable service and any qualifying service was not less than 2 years,

and he leaves one or more eligible children, they are, subject to paragraphs (3) to (5), entitled to or to the benefit of a children’s short-term pension for 3 months after the death and then a children’s long-term pension.

(2) If at the time of his death a man was entitled to preserved benefits and he leaves one or more eligible children, they are, subject to paragraphs (4) and (5), entitled to or to the benefit of a children’s long-term pension.

(3) No children’s short-term pension is payable while a widow’s short-term pension is payable under regulation E5(1).

(4) There is no entitlement to any pension by virtue of paragraph (1)(a) or (b) or paragraph (2) if the deceased became entitled to a retirement pension by virtue of regulation E2(2).

(5) Payments in respect of a pension under this regulation shall not be made to or for the benefit of a female—

(a) while she is married or during any period of cohabitation outside marriage; or

(b) from the end of any marriage or period of cohabitation outsidemarriage unless the Committee in their discretion so decide.

Amounts of children’s short-term and long-term pensions

E9

(1) Subject to paragraph (2), the annual rate of a children’s short-term pension is the rate at which a widow’s short-term pension is or would have been payable by virtue of regulation E5(1).

(2) Where a widow’s short-term pension is payable by virtue of regulation E5(5), the children’s short-term pension rate specified in paragraph (1) is reduced by the rate of that pension.

(3) Subject to paragraphs (4) and (5), the annual amount of a children’s long-term pension is—

(a) where there is one eligible child and he is in the care of a widow of the deceased person, one quarter of the deceased person’s retirement pension;

(b) where there is one eligible child and he is not in the care of such a widow, one third of the retirement pension;

(i) half or more of them are in the care of such a widow; or

(ii) fewer than half of them are in the care of such a widow but a widow’s pension under regulation E5 is for the time being payable,

one half of the retirement pension; and

(d) where there are two or more eligible children and fewer than half of them are in the care of such a widow and no such widow’s pension is payable, two thirds of the retirement pension.

(4) For the purposes of paragraph (3), the retirement pension of a deceased person shall be taken to be—

(a) if he died while in local government employment, the retirement pension to which he would have become entitled if he had then become entitled under regulation E2(1)(b)(i) (permanent ill-health,etc.);

(b) if he was entitled at the time of his death to preserved benefits, the retirement pension to which he would have become entitled if he had then become entitled under regulation E2(1)(b)(ii) (retirement on or after pensionable age); and

(c) if he was entitled at the time of his death to receive payments in respect of a retirement pension, the retirement pension that would have been payable but for—

(i) any increase under regulation E3(2) (certain cases where additional service is reckonable);

(ii) any reduction under regulations E3(11) (early payments), E13(re-employed pensioners) or E28 (National Insurance); and

(iii) any surrender under regulation E17,

and for the purposes of sub-paragraphs (a) and (b) it is to be assumed that the pension to which the person would have become entitled would not have been subject to any such increase or reduction, and that there has been no such surrender, as is mentioned in sub-paragraph (c).

(5) If a child in respect of whom a children’s long-term pension is payable has attained the age of 17 years and is receiving remuneration in respect of full-time training for a trade, profession or calling at an annual rate in excess of the indexed training rate, then—

(a) the annual rate of the pension is to be reduced by the amount of the excess; or

(b) the child is to be disregarded for the purpose of calculating the pension,

whichever results in the smaller reduction in its annual rate.

(6) In paragraph (5) “the indexed training rate” means the annual rate at which an official pension within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971[^f00021] would for the time being be payable if it had begun on 1st April 1974 and had then been payable at an annual rate of £250.

(7) The Committee may—

(a) apportion a children’s pension among the eligible children in respect of whom it is for the time being payable in such shares as they think fit; and

(b) pay the pension or any part of it to a person other than an eligible child, to be applied in accordance with any directions they may give for the benefit of any eligible child or eligible children.

Children’s special short-term pension

E10

(1) If at the time of his death a man was in a local government employment and—

(a) the total of his reckonable service and any qualifying service is less than 2 years; and

(b) he leaves one or more eligible children; and

a children’s special short-term pension at an annual rate equal to the deceased’s pensionable remuneration is payable to the guardian.

(2) In this regulation “guardian” means a person who is not entitled in respect of the deceased to either—

(a) a widow’s special short-term pension by virtue of regulation E7; or

(b) a widow’s short-term pension and a widow’s long-term pension by virtue of regulation E5(1)(c)(ii).

(3) Where the deceased left a widow who is entitled as mentioned in paragraph (2)(a) or (b)—

(a) if there is no eligible child in the widow’s care, the pension is payable to the guardian—

(i) for 1½ months after the death if there is one eligible child in the care of the guardian; and

(ii) for 3 months after the death if there are two or more eligible children in the care of the guardian; and

(b) if there is an eligible child in the widow’s care, the pension is payable to the guardian for 1½ months after the death.

(4) Where the deceased did not leave a widow who is entitled as mentioned in paragraph (2)(a) or (b), the pension is payable to the guardian—

(a) for 2 months after the death if there is one eligible child in the care of the guardian; and

(b) for 4 months after the death if there are two or more eligible children in the care of the guardian.

Death grant

E11

(1) Subject to paragraphs (10) to (12), if at the time of his death a person—

(a) was a pensionable employee; or

(b) was entitled to receive payments in respect of a retirement pension in relation to which this paragraph applies; or

(d) was entitled to preserved benefits; or

(e) was in a local government employment and was entitled to reckon at least 2 years' reckonable service, but was not a pensionable employee by virtue of a notification under regulation B3,

his personal representatives are entitled to receive a lump sum death grant.

(2) Paragraph (1) applies in relation to a retirement pension if—

(a) the reckonable service taken into account in calculating the pension amounted to less than 10 years and he had been entitled for less than 5 years to receive payments in respect of the pension; or

(b) the reckonable service taken into account in calculating the pension amounted to 10 years or more.

(3) In paragraphs (4) to (12)—

A is the deceased’s pensionable remuneration;

B is 3/80ths of his pensionable remuneration;

C is the length in years of his reckonable service;

D is the length in years of the reckonable service that would have been taken into account in calculating a retirement pension if he had become entitled to one under regulation E2(1)(b)(i) (permanent ill-health etc.) on the day of his death;

E is the length in years of the reckonable service taken into account in calculating his retirement pension;

F is 2/80ths of his pensionable remuneration multiplied by the length in years of any reckonable service before 1st April 1972 in respect of which a widow’s pension is payable under regulation E5, other than service in respect of which a return of contributions has been made or payment under regulation C9 has been or is to be treated as having been completed;

G is the total of any payments made to him in respect of retirement pension and lump sum retiring allowance;

H is the length in years of the reckonable service he would have had on attaining pensionable age;

I is the total amount that would (or would but for regulation E13 or his death, or both), have been paid to him by way of retirement pension for the first 5 years after he became (or would but for regulation E13 have become) entitled to receive payments in respect of the pension; and

J is the total of any payments made to him in respect of retirement pension.

(4) Subject to paragraph (10), where paragraph (1)(a) applies the amount of the death grant is the greater of

$Aand(B×D).$

(5) Subject to paragraphs (10) and (12), where paragraph (1)(b) or (c) and paragraph (2)(b) apply and the deceased became entitled to the retirement pension otherwise than by virtue of regulation E2(1)(c) the amount of the death grant is the greater of

$Aand(B×E).$

(6) Where—

(a) paragraph (1)(b) or (c) and paragraph (2)(b) apply and the deceased became entitled to the retirement pension by virtue of regulation E2(1)(c); or

(b) paragraph (1)(b) or (c) and paragraph (2)(a) apply and—

(i) the deceased became entitled to the retirement pension by virtue of regulation E2(1)(c); and

(ii) the reckonable service that would have been taken into account in calculating a retirement pension if he had remained in his local government employment until pensionable age is 10 years or more,

the amount of the death grant is the greater of:

$(B×E)-(F+G)andEH×(A-(F+G))$

(7) Subject to paragraph (11), where paragraph (1)(b) or (c) and paragraph (2)(a) apply and the deceased became entitled to the retirement pension otherwise than by virtue of regulation E2(1)(c) or (e), the amount of the death grant is I.

(8) Where paragraph (1)(b) or (c) and paragraph (2)(a) apply and the deceased—

(a) became entitled to the retirement pension by virtue of regulation E2(1)(c) and the reckonable service that would have been taken into account in calculating a retirement pension if he had remained in his local government employment until pensionable age, is less than 10 years; or

(b) became entitled to the retirement pension by virtue of regulation E2(1)(e),

the amount of the death grant is:

$EH×(I-J)$

(9) Subject to paragraph (10), where paragraph (1)(d) or (e) applies the amount of the death grant is B × E.

(10) Where—

(a) paragraph (1)(a), (d) or (e) applies; or

(b) paragraph (1)(b) or (c) and paragraph (2)(b) apply and the deceased became entitled to the retirement pension otherwise than by virtue of regulation E2(1)(c),

and a widow’s pension is payable under regulation E5, the amount of the death grant is reduced by F.

(11) Where paragraph (1)(b) or (c) and paragraph (2)(a) apply and the deceased became entitled to the retirement pension otherwise than by virtue of regulation E2(1)(c) or (e), the amount of the death grant is reduced—

(a) by J; or

(b) where the pension was reduced under regulation E13 or had been surrendered in part under regulation E17, by the amount which would have been paid in respect of the pension but for the reduction or surrender.

(12) Where paragraph (1)(b) or (c) and paragraph (2)(b) apply and the deceased became entitled to the retirement pension otherwise than by virtue of regulation E2(1)(c), the amount of the death grant is reduced—

(a) by G; or

(b) where the pension was reduced under regulation E13 or had been surrendered in part under regulation E17, by the amount which would have been paid in respect of the retirement pension but for the reduction or surrender.

(13) Subject to paragraph (14), for the purpose of calculating the amount of a death grant under the preceding provisions of this regulation no account shall be taken of reckonable service before attaining the age of 60 years beyond a total of 40 years.

(14) Where a death grant is reduced under paragraph (10), any reckonable service to be left out of account under paragraph (13) is to be taken from the beginning of the period of reckonable service.

(15) Where a person qualifies for a death grant under more than one sub-paragraph of paragraph (1), he shall be treated as having qualified under the sub-paragraph which would, in accordance with the preceding paragraphs result in the highest amount of grant being paid.

Pensions of widowers, etc.

E12

(1) Where a woman who is a pensionable employee—

(a) has no husband but has a potentially eligible child; or

(b) having a husband who is permanently incapacitated by reason of ill-health or infirmity of mind or body and wholly or mainly dependent on her, so elects,

regulations E3 (amount of retirement pension and retiring allowance) and E5 to E10 (widows' and children’s pensions) apply in relation to her as if she were a man and, where sub-paragraph (b) applies, as if her husband were a woman.

(2) Where either of the conditions in paragraph (1)(a) and (b) has become satisfied, regulations E5 to E10 do not apply so as to confer any rights on a woman’s husband by, or any potentially eligible child she acquires by virtue of or during, a subsequent marriage unless—

(a) her husband by that marriage is permanently incapacitated by reason of ill-health or infirmity of mind or body and wholly or mainly dependent on her; and

(b) she elects that those regulations are so to apply.

(3) An election under paragraphs (1)(b) or (2)(b) is to be made by giving notice in writing to the Committee.

(4) In this regulation “potentially eligible child” means a child who might become an eligible child on the woman’s death.

Reduction of retirement pension in the case of certain re-employed pensioners

E13

(1) This regulation applies to a person who, since becoming entitled to a retirement pension in relation to a former employment, has entered a new employment with any scheduled body.

(2) In paragraph (3)—

A is the annual rate of remuneration of the former employment;

B is the amount (if any) by which, immediately before the first day of the new employment, A would have been increased if it had been the rate of an official pension, within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971, beginning on and payable from the day after the last day of the former employment; and

C is the annual rate of remuneration of the new employment;

D is the reduced rate of the retirement pension; and

E is the amount (if any) by which D would, immediately before the first day of the new employment, have been increased under Article 69 of the Pensions Order if it had then been the rate of the retirement pension, assuming that that pension had by then qualified for increases under that Order,

and in paragraph (5), A, B and C have the same meanings as in paragraph (3) and—

F is the annual rate of remuneration of the concurrent employment on the last day of that employment; and

G is the amount (if any) by which, immediately before the first day of the new employment, F would have been increased if it had been the rate of an official pension, within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971, beginning on and payable from the day after the last day of the concurrent employment.

(3) Subject to paragraphs (4), (5) and (11), while the person holds the new employment the annual rate of the retirement pension is reduced—

(a) if C equals or exceeds (A + B), to zero; and

(b) in any other case, by the amount (if any) which is necessary to secure that (C + D + E) does not exceed (A + B).

(4) This paragraph applies where within the last 12 months of the former employment the person held another concurrent employment in which he is entitled to participate in the superannuation benefits provided by these regulations, has ceased to hold the concurrent employment without becoming entitled in relation to it to a retirement pension, and—

(a) has—

(i) ceased to hold the concurrent employment before ceasing to hold the former employment; and

(ii) entered the new employment within 12 months after ceasing to hold the concurrent employment; or

(b) has ceased to hold the concurrent employment after ceasing to hold the former employment.

(5) Where paragraph (4) applies—

(a) if the person does not devote substantially more of his time to the new employment than he devoted to the concurrent employment during the 12 months before he ceased to hold it, the annual rate of the retirement pension is not reduced; and

(b) in any other case, the annual rate of the retirement pension is reduced by the amount (if any) by which the aggregate of that rate and C exceeds A + B + F + G.

(6) For the purposes of this regulation the annual rate of remuneration of the former employment is, subject to paragraph (7), to be ascertained in accordance with the Table.

Source of entitlement to the retirement pension	Annual rate of remuneration	Annual rate of remuneration
Fixed rate emoluments	Fees
These regulations, the 1981 regulations or the 1962 regulations[^f00022]	Rate on last day of relevant period for the purposes of regulation E19	Average rate during period by reference to which pensionable remuneration fell to be calculated under regulation E19(10)

(7) For the purposes of paragraph (6), where the person’s remuneration was at any material time reduced or discontinued by reason of his absence from duty, and either the absence was due to illness or injury or he made contributions or payments under regulation 14(4)of the 1981 regulations or the corresponding provisions of the former regulations or regulations C2 or C3, then—

(a) any reduction or discontinuance of fixed-rate emoluments is to be disregarded; and

(b) any fees are to be averaged over a period of the same length as the period mentioned in the Table but ending immediately before the reduction or discontinuance.

(8) For the purposes of this regulation the annual rate of remuneration of the new employment is, subject to paragraph (9), to be ascertained in accordance with the Table.

Nature of remuneration	Annual rate of remuneration
Fixed-rate emoluments	Rate on first day of employment
Fees	1 Where fees were receivable in the former employment, the annual rate of those fees ascertained in accordance with paragraph (6). 2 Where no fees were receivable, a rate agreed by the person and the body employing him or, in default of agreement, determined by the Department.

(9) For the purposes of paragraph (8), if fees were receivable in the former employment and are receivable in the new employment and H is greater than J, where—

H is the annual rate of remuneration of the former employment; and

J is the annual rate of remuneration of the new employment ascertained in accordance with the Table,

the annual rate of the fees receivable in the new employment, ascertained in accordance with the Table, is to be multiplied by

$JH$

(10) If—

(a) the person’s contractural hours in a part-time new employment are altered; or

(b) he is transferred to another post under the same employing body at an altered remuneration or his post is regraded,

this regulation applies as if he had again entered a new employment.

(11) If this regulation applies in relation to two or more retirement pensions, each is reduced in proportion to its amount.

(12) It is the duty of a person who has become entitled to a retirement pension—

(a) to inform any scheduled body with whom he proposes to accept a new employment that he is so entitled; and

(b) on entering a new employment, forthwith to notify the Committee in writing that he has entered that employment.

(13) In this regulation, “retirement pension” includes an annual pension.

Combined benefits in the case of certain re-employed pensioners

E14

(1) Subject to paragraph (2), where—

(a) a person has become entitled to a retirement pension other than one to which he became entitled under regulation E2(2) or one which is reduced under regulation E3(11) (“the first retirement pension”); and

(b) after becoming so entitled he entered further employment which was or became local government employment; and

(c) he has ceased to hold the further employment and has become entitled in relation to it to a retirement pension (“the second retirement pension”),

he may, by notice in writing given to the Committee within 3 months after the date on which he became entitled to the second retirement pension, elect that this regulation is to apply to him.

(2) Subject to paragraphs (3) to (5), a person to whom this regulation applies is to be treated as having, on the date on which the second retirement pension became or becomes payable—

(a) become entitled to payment of an annual retirement pension (“the annual pension”) and a lump sum payment (“the lump sum”) each calculated by reference to both his reckonable service in the further employment and the reckonable service taken into account in calculating the first retirement pension; and

(b) ceased to be entitled to the first retirement pension and the second retirement pension.

(3) If in conjunction with the first retirement pension the person was entitled to a retiring allowance—

(a) in calculating the lump sum no account is to be taken of any additional period excluded in accordance with regulation E3(3) from the calculation of the retiring allowance;

(b) if he has not received the allowance before becoming entitled as mentioned in paragraph (2)(a) he ceases to be entitled to it;

(c) if he has received the retiring allowance and the lump sum would be the same as or less than the retiring allowance, the person—

(i) is not entitled to payment of the lump sum; and

(ii) is not entitled to the annual pension unless, within 3 months after giving notice under paragraph (1), he pays to the Committee the amount of any difference; and

(d) if he has received the retiring allowance and the lump sum is greater than the retiring allowance, the lump sum is reduced by the amount of the allowance.

(4) If—

(a) the first retirement pension was, and

(b) the second retirement pension would not have been,

subject to reduction under regulation 53 of the 1981 regulations or regulation E28, the annual pension is subject to reduction by the same amount as the first retirement pension.

(5) If part of the first retirement pension was surrendered under regulation E17—

(a) the annual pension is to be treated as having been surrendered to the same extent; and

(b) any resulting pension becoming payable on the person’s death is to be paid by the Committee.

Separate benefits in the case of certain re-employed pensioners

E15

(1) This regulation applies to a person who—

(a) has become entitled to a retirement pension (a “previous pension”); and

(b) after becoming so entitled entered further local government employment; and

(c) has ceased to hold the further employment and has become entitled in relation to it to a retirement pension (an “additional pension”); and

(d) has not become entitled to the annual pension mentioned in regulation E14 (combined benefits).

(2) If regulation E2(1)(b)(i) (permanent ill-health) did not apply on the person’s ceasing to hold an employment in relation to which he became entitled to a previous pension (a “previous employment”), but does apply on his ceasing to hold a further employment, sub-paragraph (1) of paragraph 2 of Schedule 9 applies with the substitution for the words from “the period specified” to the end of the sub-paragraph of the words

$6243365;years$

(3) Subject to paragraph (4), if when a person dies paragraph (4) of regulation E11 (death grant) applies, it applies with the substitution for the words “is the greater of A and (B × D)” of the words “is (B × D)”; and if paragraph (5) of regulation E11 applies, it applies with the substitution for the words “is the greater of A and (B × E)” of the words “is (B × E)”.

(4) If the person became entitled to a previous pension or to an additional pension by virtue of regulation E2(1)(c) or (e)—

(a) if P equals or exceeds Q, there is no entitlement under regulation E11 to a death grant in relation to the further employment; and

(b) if P is less than Q but (P + R) is greater than Q, R is reduced by the amount of the excess.

(5) In paragraph (4)—

(a) P is the total of—

(i) every death grant payable in relation to any previous employment calculated in accordance with regulation E11;

(ii) payments made in respect of every previous pension;

(iii) every retiring allowance to which the person became entitled in conjunction with any previous pension;

(iv) any payments made in respect of the additional pension; and

(v) any retiring allowance to which the person became entitled in conjunction with the additional pension,

including in each case any increase under Article 69 of the Pensions Order;

(b) Q is the greater of—

(i) the aggregate obtained by taking for each previous pension the amount of the pensionable remuneration by reference to which it was calculated and the amount by which that amount would have been increased if it had been the rate of an official pension, within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971, beginning on and payable from the day after the last day of the relevant previous employment; and

(ii) the amount of the pensionable remuneration by reference to which the additional pension was calculated; and

(c) R is the amount of the death grant calculated in accordance with regulation E11 in relation to the further employment.

(6) In this regulation, “retirement pension” includes an annual pension.

Adjustment of superannuation rights on death of certain re-employed pensioners

E16

(1) This paragraph applies where—

(a) a person was entitled to a retirement pension other than one which was reduced under regulation E3(11); and

(b) after becoming so entitled he entered further local government employment; and

(d) if he had then ceased to be employed otherwise than by reason of his death he would have been entitled to give notice under regulation E14 (combined benefits).

(2) Where paragraph (1) applies—

(a) any benefits payable in respect of the person (except any widow’s short-term pension or children’s short-term pension) are to be calculated; and

(b) any surrender of part of a retirement pension has effect,

as if immediately before his death he had become entitled to benefits under regulations E14 or E15, whichever is the more favourable to the person entitled to receive the benefits payable.

Surrender of part of retirement pension

E17

(1) This regulation has effect subject to Schedule 12.

(2) A person who—

(a) has become entitled to receive payments in respect of a retirement pension; or

(b) is a pensionable employee and has attained pensionable age,

may surrender as from the relevant date, in favour of his spouse or any dependent of his (“the beneficiary”), a part of the retirement pension which is or, as the case may be, may become payable to him.

(3) For the purposes of this regulation, the relevant date is the date of becoming entitled to receive payments in respect of the retirement pension; and if the person dies while a pensionable employee he is to be treated as having become so entitled immediately before he died.

(4) An annual pension at a rate which is (according to tables to be prepared from time to time by the Government Actuary) actuarially equivalent at the relevant date to the value of the surrendered part of the retirement pension becomes payable to the beneficiary on the person’s death.

(5) A person who has surrendered part of a retirement pension may surrender further parts of it.

Power to compound certain small pensions

E18

(1) This paragraph applies where—

(a) a pensionable employee has become entitled to a retirement pension and has attained state pensionable age; and

(b) the aggregate of the annual rates of—

(i) that pension;

(ii) any other retirement pension to which he has become entitled; and

(iii) any increase payable under Article 69 of the Pensions Order in respect of any retirement pension to which he has become entitled,

does not exceed £195.

(2) Where paragraph (1) applies, the Committee may discharge their liability in respect of—

(a) any retirement pension to which the pensionable employee has become entitled; and

(b) if the pensionable employee is a man—

(i) any widow’s long-term pension which, in the event of his dying leaving a widow, would be payable to her in respect of his reckonable service; and

(ii) any children’s long-term pension which, in the event of his dying leaving an eligible child would be payable to or for the benefit of his eligible child in respect of his reckonable service,

by payment to the pensionable employee of a lump sum of such amount as represents the capital value of the pensions mentioned in sub-paragraphs (a) and (b), calculated in accordance with tables prepared by the Government Actuary.

(3) For the purposes of paragraphs (1) and (2), a pensionable employee shall not be treated as having become entitled to a retirement pension in relation to any employment—

(a) in which he ceases to be employed in the circumstances mentioned in regulation E2(1)(c); or

(b) in relation to which he satisfies the requirements of regulation E2(1)(e),

until the date (if any) on which he becomes entitled to receive payments in respect of that pension.

(4) This paragraph applies where—

(a) a widow’s long-term pension is payable to a widow; and

(b) the aggregate of the annual rates of—

(i) that pension;

(ii) any other widow’s long-term pension payable to her; and

(iii) any increase payable under Article 69 of the Pensions Order in respect of any widow’s long-term pension payable to her,

does not exceed £260.

(5) Where paragraph (4) applies, the Committee may discharge their liability in respect of any widow’s long-term pension payable to the widow by payment to her of a lump sum of such amount as represents the capital value of the pension, calculated in accordance with the tables mentioned in paragraph (2).

(6) This paragraph applies where—

(a) a children’s long-term pension is payable to or for the benefit of an eligible child; and

(b) the aggregate of the annual rates of—

(i) that pension;

(ii) any other children’s long-term pension payable to or for the benefit of that child; and

(iii) any increase payable under Article 69 of the Pensions Order in respect of any children’s long-term pension so payable,

does not exceed £260.

(7) Where paragraph (6) applies, the Committee may discharge their liability in respect of any children’s long-term pension payable to or for the benefit of the eligible child by payment of a lump sum of such amount as represents the capital value of the pension, calculated in accordance with the tables mentioned in paragraph (2).

Pensionable remuneration

E19

(1) Subject to paragraphs (4) and (6) to (12) and regulations E20 (pay restraint to be disregarded in certain cases) and E21 (certificates as to reduction in remuneration), a person’s pensionable remuneration in relation to a local government employment is his remuneration for so much of the relevant period as he is entitled to reckon as reckonable service in relation to that employment.

(2) Subject to paragraphs (3), (4) and (5), for the purposes of this regulation the relevant period is the year ending with—

(a) the day on which the person ceases to hold the employment or, if earlier, the day on which he becomes entitled to reckon 45 years as reckonable service in relation to the employment, disregarding reckonable service before attaining the age of 60 years beyond a total of 40 years; or

(b) if on the day mentioned in sub-paragraph (a) the person was not a pensionable employee by virtue of a notification under regulation B3, the day on which he ceased to be such under that notification.

(3) Subject to paragraphs (4) and (5), where—

(a) the person is not entitled to reckon the whole of the period specified in paragraph (2) as reckonable service because he has been absent from duty otherwise than by reason of illness or injury; and

(b) this paragraph applies to him by virtue of a notice or determination,

the relevant period comprises the last 365 days which he is entitled to reckon as reckonable service.

(4) Where a reduction in the person’s remuneration has been certified as material under regulation E21 and this paragraph applies to him by virtue of a notice or determination, the relevant period is—

(a) if the reduction occurred during the 13 years ending with the day mentioned in paragraph (2), either—

(i) such one of the last 5 of those 13 years; or

(ii) such consecutive 3 of those 13 years,

as may be specified in the notice or determination; or

(b) if the reduction occurred during the last 5 of those 13 years, such consecutive 3 of those 5 years as may be specified in the notice or determination;

and where by virtue of this paragraph the relevant period is a period of 3 consecutive years, the person’s pensionable remuneration is the aggregate of his remuneration during that period divided by 3.

(5) Where—

(a) the relevant period would otherwise be the period specified in paragraph (2); and

(b) either one or each of the 2 immediately preceding years would yield a higher amount of pensionable remuneration; and

the relevant period is the year which yields the highest amount.

(6) If, during the 13 years ending with the day mentioned in paragraph (2), the person’s remuneration was reduced or suspended during absence from duty by reason of illness or injury, he is for the purposes of this regulation to be treated as having received the remuneration which he would have received but for the reduction or discontinuance.

(7) If during the 13 years ending with the day mentioned in paragraph (2) the person’s remuneration was reduced or discontinued during absence from duty otherwise than by reason of illness or injury and he—

(a) made contributions under regulation C2 (leave of absence) or a payment under regulation C3 (absence due to trade dispute); or

(b) contributed under regulation 14(4) or (5) of the 1981 regulations or the corresponding provisions of the former regulations,

he is for the purposes of this regulation to be treated as having received for any period in respect of which he made such contributions or payment the remuneration which he would have received but for the reduction or discontinuance.

(8) For the purposes of this regulation, except its application—

(a) to regulations E6(1)(b) and (c), E7 and E10 (which concern, respectively, the amounts of widows' pensions and of their special short-term pensions and entitlement to and amounts of children’s special short-term pensions); and

(b) in ascertaining the value of “A” for the purposes of regulation E11(4) or (5) (amount of death grant in certain cases),

the person is, in respect of any period of part-time local government employment, to be treated as having received the remuneration which would have been paid in respect of a single comparable whole-time employment.

(9) Where—

(a) the person was at any time employed in a single local government employment (“the first employment”); and

(b) he becomes entitled to a benefit in relation to one or two or more concurrent local government employments (“the second employment”); and

that remuneration is for that purpose to be multiplied by

$$AB,$ where A is the annual rate of remuneration of the second employment at the date of cessation and B is the total of the annual rates of remuneration of all the concurrent employments at that date.$

(10) Where the whole or a part of the person’s remuneration consisted of fees, his pensionable remuneration in respect of them is the annual average of the fees earned by him—

(a) during the period of 3 years ending with the last day of the relevant period; or

(b) during such more favourable period, of more than 3 but not more than 5 years, as his last employing authority may allow; or

(c) if he was entitled to receive fees during part only of the period mentioned in sub-paragraph (a), during that part of the period.

(11) Where the person is entitled to reckon as reckonable service in relation to the employment which he ceases to hold only part of the period specified in paragraph (2), his pensionable remuneration is his remuneration during that part multiplied by

$$365A,$ where A is the number of days comprised in that part.$

(12) Where—

(a) any of the person’s remuneration during the relevant period was determined in accordance with an agreement under regulation G5 (notional remuneration); and

(b) his average weekly earnings from his local government employment in that period (other than payments for overtime and payments by way of bonus) exceed one and a half times the lower earnings limit, but do not exceed the upper earnings limit, in force under section 4(1) of the Social Security Act (Northern Ireland) 1975[^f00023] at the end of the period; and

his pensionable remuneration is to be determined by reference to those earnings.

(13) References in this regulation to a notice are references to a notice in writing given by the person to the Committee not later than one month after he is notified under regulation N7 of his entitlement to a benefit.

(14) References in this regulation to a determination are references to a determination given by the Committee in respect of a person who has died while still in local government employment or without having given a notice.

Pay restraint not to affect pensionable remuneration in certain cases

E20

(1) Paragraph (4) applies to a person if his pensionable remuneration would, apart from this regulation, be less than it would have been but for a relevant limitation.

(2) In this regulation, “relevant limitation” means a limitation of remuneration—

(a) which was necessary in order to comply with limits referred to in section 1 of the Remuneration, Charges and Grants Act 1975[^f00024]; and

(b) the effect of which was that any relevant remuneration was less than would, apart from that section, have been payable under an agreement entered into before 1st August 1975.

(3) In paragraph (2), “relevant remuneration” means any remuneration which is material for any of the purposes of regulation E19 (pensionable remuneration).

(4) The pensionable remuneration of a person to whom this paragraph applies shall be taken to be what it would have been but for the relevant limitation.

(5) Paragraph (7) applies to a person who is affected by a staging agreement.

(6) A person is affected by a staging agreement if—

(a) there has been an agreement or award—

(i) which gave rise to rights enforceable by every member of a class or description of employees to which he belonged at a material time;

(ii) which, whether or not it entitled him to any interim increase, entitled him to the payment of remuneration from a specified date at an increased rate (“the final rate”) which was either specified in or to be determined by a method or in a manner specified in the agreement or award; and

(iii) under the terms of which the final rate, or an interim increase, or the first of two or more interim increases, became payable on or before 1st January 1980;

(b) but for considerations of economy the final rate would have been made payable from a date (“the relevant date”) earlier than the date mentioned in sub-paragraph (a)(ii); and

(c) his remuneration at a material time was less than it would have been if the final rate had become payable from the relevant date.

(7) Subject to paragraph (8), where this paragraph applies to a person the amount of any remuneration that is material for the purposes of regulation E19 shall for those purposes be taken to be what it would have been if the final rate had become payable from the relevant date.

(8) Paragraph (7) does not apply to the calculation of a person’s pensionable remuneration for the purposes of regulations E6(1)(b), E7 and E10.

(9) For the purposes of this regulation—

(a) a material time is a time material for the purpose of calculating the person’s pensionable remuneration under regulation E19; and

(b) a class or description of employees may include persons who neither are nor are deemed to be employees of a scheduled body.

Certificates as to reduction in remuneration

E21

(1) Where a pensionable employee suffers a material reduction in remuneration, he is, subject to paragraph (5), entitled to be issued by the employing authority with a certificate to that effect.

(2) A person suffers a reduction in remuneration if—

(a) the remuneration of an employment which he continues to hold is reduced; or

(b) he is transferred to another employment under the same scheduled body at a reduced remuneration.

(3) Subject to paragraph (4), a reduction in remuneration is material if, and only if, it is such that the employee’s pensionable remuneration would be likely to be less if the relevant period were the period specified in regulation E19(2) than if it were a period mentioned in regulation E19(4).

(4) A reduction in remuneration is not material if—

(a) it did not result from circumstances beyond the employee’s control; or

(b) it was temporary; or

(5) The employing authority may issue a certificate without an application from the employee, but need not issue a certificate if he does not apply for one within 12 months after the date of the reduction.

(6) A certificate issued under this regulation is to specify the date of the material reduction and the authority are to keep, for 10 years from that date, a record of the certificate including such information as would be necessary for applying regulation E19(4).

Calculation of part-time service

E22

(1) For the purpose of calculating the amount of any benefit a period of part-time service in local government employment shall be treated as though it had been whole-time service for a proportionately reduced period.

(2) For the purposes of calculating the amount of any benefit, service during any period which became reckonable as reckonable service by virtue of paragraph 1(5)(a) or a declaration under paragraph 1(5)(b) of Part III of Schedule 2 (whole-time employment in which contractual weeks are fewer than 45) shall be multiplied by

$$52C$ where C is the number of contractual weeks.$

Counting of non-contributing service

E23

(1) Subject to paragraph (3), any period which—

(a) is reckonable as reckonable service by virtue of its having been reckonable under the 1981 regulations as non-contributing service; and

(b) does not fall to be treated as having been reckonable as contributing service,

shall for the purposes of these regulations be counted at half its full length.

(2) For the purposes of paragraph (1), the full length of a period of part-time non-contributing service is its length as reduced under regulation E22.

(3) This regulation does not apply for the purpose of—

(a) determining whether a person is entitled to, or to payment of, a benefit; or

(b) ascertaining, where notice was given under regulation 22 of the 1962 regulations, the maximum length of any additional period to which Schedule 3 applies.

Disregard of certain reckonable service in determining entitlement to benefits

E24

For the purpose of determining entitlement to any benefit, no account shall be taken of—

(a) any added years;

(b) any additional period reckonable as reckonable service by virtue of regulations D4 to D7 or D13; or

Counting of certain reckonable service and non-contributing service in determining entitlement to benefits

E25

For the purpose of determining whether a person is entitled to, or to payment of, a benefit, any reckonable service and non-contributing service which was reckonable for the purpose of determining entitlement to benefits under the former regulations shall be counted at the same length as it would have been counted for the latter purpose.

Disregard of certain reckonable service in calculating amount of benefits

E26

(1) For the purpose of calculating the amount of any benefit under regulation E3—

(a) subject to paragraphs (2) and (3), no account shall be taken of reckonable service before attaining the age of 60 years beyond a total of 40 years; and

(b) where an amount is recovered or retained under regulation M3 reckonable service shall be left out of account to the extent necessary to reduce the actuarial value referred to in regulation M3(2)(b) by that amount.

(2) For the purposes of paragraph (1)(a), a period which a person is entitled to reckon as reckonable service by virtue of regulations E3(9) (permanent ill-health) or F6(1)(a) shall be treated as reckonable service before attaining the age of 60 years.

(3) Where a retiring allowance falls to be reduced under regulation E3(4) or (5) (potential widow’s pensions), any reckonable service to be left out of account by virtue of paragraph (1)(a) shall be taken from the beginning of the person’s reckonable service.

(4) Where A + B exceeds 45 years, for the purpose of calculating any benefit A is reduced by a period equal to the excess.

(5) In paragraph (4)—

A is the total length of the periods reckonable as reckonable service in relation to the relevant employment, excluding any service which is to be left out of account by virtue of paragraph (1)(a); and

B is the length of any earlier period which was taken into account in the calculation of a retirement pension or an annual pension under the former regulations.

Counting of certain reckonable service in calculating amount of benefits

E27

For the purpose of calculating the amount of any benefit—

(a) any period which is reckonable as reckonable service by virtue of its having been reckonable under the former regulations as contributing service shall, subject to regulations E22 and E23 (part-time and non-contributing service), be counted at the same length as it would have been counted for the purpose of calculating any benefit under the former regulations; and

(b) any reckonable service in excess of a number of complete years shall be counted as

$$A365$ of a year, where A is the number of completed days comprised in the excess.$

National Insurance

E28

(1) Where, but for the revocation of the 1981 regulations, the amount of a benefit would have fallen to be reduced under regulations 53 and 54 and paragraphs 1 to 6 of Schedule 13 of those regulations, the amount shall be reduced as if those provisions had not been revoked.

(2) No provision in these regulations—

(a) for the surrender or assignment of a pension; or

(b) for the reduction, termination or suspension of a pension, where the provision is invoked for any cause other than one prescribed by regulations made or deemed to have been made under section 56(1)(c) of the Insurance Act (which section describes equivalent pension benefits),

shall apply so as to reduce a pension payable in respect of any period of service to an employee who attains state pensionable age below the minimum rate of equivalent pension benefits applicable in respect of that period under the provisions of Part III of the Insurance Act.

(3) For the purposes of paragraph (2) “service” means service in a non-participating employment which is reckonable for the purpose of calculating any benefits payable to the employee, except any earlier period of such service in respect of which—

(a) a payment in lieu of contributions has been made; or

(b) equivalent pension benefits satisfying the requirements of the Insurance Act had already been assured to him.

Benefits not assignable

E29

Every benefit—

(a) is payable to, or in trust for, the person who is entitled to it under these regulations; and

(b) is not assignable and is not chargeable with that person’s debts or other liabilities.

Interest on late payment of certain benefits

E30

(1) Where all or part of—

(a) a retiring allowance;

(b) an ill-health retirement grant payable under regulation E4; or

is not paid within one month after the due date, the Committee shall pay to the person to whom the allowance or grant is payable interest, calculated at the standard rate on a day to day basis from the due date to the date of payment, and compounded with 3 monthly rests, on the amount remaining unpaid.

(2) For the purposes of this regulation the due date is—

(a) in the case of a retiring allowance which becomes payable by virtue of a notice in writing under regulation E2(5) or (6)(a) given on or after the date on which the allowance by virtue of that notice became payable, the date one month after that notice was given;

(b) in the case of a part of a retiring allowance which becomes payable by virtue of payments or contributions (other than an increase in contributions made following a decision under regulations N1 or N8) made after the date on which the remainder of the allowance became payable, the date one month after that increase in contributions was paid;

(c) in the case of a retiring allowance or part of a retiring allowance which becomes payable by virtue of contributions made following a decision under regulations N1 or N8, the date on which that allowance or part of an allowance would have become payable had those contributions been made at the first opportunity which these regulations would otherwise have provided;

(d) in all other cases in which a retiring allowance or part of a retiring allowance becomes payable, the date on which that allowance or part of an allowance becomes payable;

(e) in the case of an ill-health retirement grant which becomes payable, the day after the person who is entitled to the ill-health retirement grant ceased to hold his employment;

(f) in the case of a death grant, the date on which—

(i) probate or letters of administration are produced to the Committee; or

(ii) the Committee becomes satisfied that the grant may be paid as provided in regulation R4.

Increase in certain benefits already payable

E31

(1) This regulation applies where a person has become entitled, under regulation D13, to reckon an additional period as whole-time reckonable service by virtue of a lump sum payment having been made in accordance with the regulation C7(19).

(2) Where this regulation applies—

(a) the additional period shall be treated as having been reckonable at the time when the person ceased to be a pensionable employee; and

(b) the person shall be entitled to receive, within one month after making the lump sum payment, a sum equal to the additional amount he would have received if any benefits already paid to him had been calculated by reference to the increased reckonable service.

Entitlement to benefits where a person has given a notification in accordance with regulation B3

E32

Where regulations E2, E3, E5 to E10, E12, E17 and E18 do not apply to a person because he has ceased to be a pensionable employee by virtue of a notification in accordance with regulation B3, he shall nevertheless on ceasing to hold his employment under an employing authority and subject to the provisions of the aforementioned regulations be entitled to benefits in relation to his service as if he was a pensionable employee.

PART F — WAR SERVICE

Interpretation, etc.

F1

In this Part—

“deceased employee” means a person with war service who died after 31st March 1978 and in relation to whom the conditions specified in regulation F3(2) to (8) were or are deemed to have been satisfied when he died;

“excess remuneration” means, in relation to a retired officer of the armed forces of the Crown who is re-employed in those forces, any service pension drawn in respect of such period of re-employment, or any addition to the normal pay attaching to the post in which the officer is re-employed which is granted by reason of the officer’s former employment in those forces;

“non-effective pay” includes naval, military and air force pensions, retired pay, and gratuities (other than war gratuities to which section 23 of the Finance (No. 2) Act 1945[^f00025], which exempted war gratuities from income tax, applies and gratuities paid to former members of the Palestine Police Force);

“occupational pension scheme” means any scheme or arrangement comprised in one or more instruments or agreements and having, or being capable of having, effect in relation to one or more descriptions or categories of employments so as to provide benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of earners with qualifying service in an employment of any such description or category; and

“public service scheme” means the Universities' Superannuation Scheme, and any occupational pension scheme— which cannot come into force, or be amended, without the scheme or amendment being approved by a Minister of the Crown or government department; and which includes provisions for any such whole-time service as is described in regulation F2(1), rendered before becoming entitled to participate in the scheme, to be reckonable as service in respect of which benefits are payable under the scheme;

“war service provisions”, in relation to a public service scheme, means provisions of the kind specified in paragraph (b) of the definition of the latter expression;

and references to war service are to be construed in accordance with regulation F2.

War service

F2

(1) For the purposes of this Part, a person’s war service is, subject to paragraph (2), the period of his whole-time service at any time after 2nd September 1939 and before 30th June 1950, while 18 years old or older, in the armed forces of the Crown, in the merchant navy or the mercantile marine, or in any of the women’s services specified in Schedule 13.

(2) A person’s war service does not include—

(a) any period in respect of which any non-effective pay or excess remuneration has been received by him and not refunded;

(b) any period that was, or falls to be treated as having been, reckonable by him as non-contributing or contributing service for the purposes of the 1950 regulations or the Belfast Corporation Superannuation Scheme;

(c) any period that has at any time been taken into account (whether at its full length or otherwise) for the purpose of calculating any benefit under any other occupational pension scheme; or

(d) any period that is or has at any time been capable of being taken into account otherwise than under this Part (whether at its full length or otherwise), for the purpose of calculating any benefit under any occupational pension scheme; but in the case of a person to whom regulation F3(2)(d) applies “benefit” does not include a benefit under the war service provisions of a public service scheme.

Election as to war service

F3

(1) A person with war service in relation to whom the conditions specified in paragraphs (2) to (9) are satisfied, or the personal representatives of a deceased employee, may by notice given in accordance with regulation F5 elect that this regulation shall apply in relation to him.

(2) One at least of the following must be the case:

(a) he became before 1st July 1950 entitled to participate in the benefits provided by the 1950 regulations or under the Belfast Corporation Superannuation Scheme; or

(b) a period beginning before 1st July 1950, was, or falls to be treated as having been, reckonable by him otherwise than by virtue of interchange rules as service; or

(c) he successfully completed before 1st July 1950, or was on 30th June 1950 undergoing and later successfully completed—

(i) a course of training for the Royal Sanitary Institute’s Certificate in Public Health Inspection; or

(ii) a course of training leading to the issue by the Institute of Municipal Engineers of a testamur of general proficiency; or

(iii) a course of training leading to the award of a diploma qualifying the holder for appointment to the staff of occupational centres for, and of education departments of institutions for, mental defectives,

and not later than 6 months after completing the course of training he became entitled as mentioned in sub-paragraph (a) or, as the case may be, a period began which was reckonable, or falls to have been reckonable, as mentioned in sub-paragraph (b); or

(d) none of the foregoing is the case, but a transfer value was accepted and received in relation to him by the Committee or the Belfast Corporation before 1st April 1978 and a scheme is designated under regulation F5(2)(b).

(3) He must on 1st April 1978 have been—

(a) an employee entitled to participate in the benefits provided by the 1962 regulations; or

(b) entitled to receive payments in respect of a pension under the former regulations; or

(d) a person to whom regulation 35 of the 1962 regulations or regulation 22 of the 1950 regulations or the corresponding provisions of the Belfast Corporation Superannuation Scheme applied; or

(e) entitled to superannuation benefits under any local Act.

(4) Except where paragraph (2)(c) or (d) is the case, there must not since the date specified in paragraph (11) have been a continuous period of 12 months or more throughout which none of the following was the case:

(a) he was entitled as mentioned in paragraph (2)(a); or

(b) the period mentioned in paragraph (2)(b) was running; or

(d) he was entitled as mentioned in paragraph (3); or

(e) he was entitled to participate in the benefits provided by these regulations or the Belfast Corporation Superannuation Scheme made on 4th August 1964; or

(f) he was entitled to receive payments in respect of an annual pension under these regulations; or

(g) he was entitled to a pension under regulation E2(1)(c); or

(h) he was a person to whom regulation E13 or the corresponding provisions of the former regulations applied.

(5) Where paragraph (2)(c) is the case, paragraph (4) applies—

(a) with the substitution for the date specified in paragraph (11) of the date (being a date later than 30th June 1950) on which he became entitled as mentioned in paragraph (2)(a), or, as the case may be, a period began which was reckonable, or falls to be treated as reckonable, as mentioned in paragraph (2)(b); and

(b) with the substitution for the reference in paragraph (4)(b) to the period mentioned in paragraph (2)(b) of a reference to such a period as is mentioned in sub-paragraph (a).

(6) Where paragraph (2)(d) is the case, paragraph (4) applies with the substitution for the date specified in paragraph (11) of the date (being a date later than 30th June 1950) on which he last became entitled as mentioned in paragraph (2)(a).

(7) If he is a person to whom proviso (a) of regulation 18 of the 1962 regulations or regulation 15(2) and (4) of the 1950 regulations or the corresponding provisions of the Belfast Corporation Superannuation Scheme applied in respect of any service after the end of his war service, he must have repaid to the Committee the sum or amount there mentioned.

(8) If he is an employee entitled to participate in the benefits provided by these regulations, he must not be entitled to reckon more than 45 years' reckonable service disregarding reckonable service before attaining the age of 60 years beyond a total of 40 years.

(9) If he has become entitled to receive payment in respect of an annual pension under these regulations or the former regulations (including a pension which is for the time being subject to reduction or suspension under regulation E13), no more than 45 years' service must have been taken into account in calculating the amount of that pension.

(10) Where paragraph (2)(d) applies and the scheme designated under regulation F5(2)(b) is not a scheme specified in Schedule 14, war service is for the purposes of paragraph (1) to be assumed.

(11) The date mentioned in paragraph (4) is the date before 1st July 1950 and after the end of his war service when, as the case may be—

(a) he became entitled as mentioned in paragraph (2)(a); or

(b) the period mentioned in paragraph (2)(b) began.

Modified application of regulation F3 in certain cases

F4

In the case of a person—

(a) who after the date specified in regulation F3(11) left local government employment and became entitled to participate in the benefits of another occupational pension scheme; and

(b) who re-entered local government employment not more than 12 months after ceasing to be entitled as mentioned in sub-paragraph (a) and became entitled in that employment to reckon—

(i) as reckonable service or qualifying service; or

(ii) as non-contributing or contributing service, or a period of contribution, for the purposes of the former regulations or the Belfast Corporation Superannuation Scheme,

a period at least equal in length to the whole of his service from the date specified in regulation F3(11),

the period between his leaving and re-entering local government employment shall be deemed not to be such a period as is mentioned in regulation F3(4).

Notice of election

F5

(1) Notice of an election under regulation F3 is to be given in writing to the Committee.

(2) The person giving notice of an election under regulation F3—

(a) is to give the Committee, in writing—

(i) all information in his possession; and

(ii) if the Committee notify him in writing that they so require, any further information specified by them that he can reasonably be expected to obtain,

concerning the war service of the person to whom the notice relates, and his past membership of any scheme designated under paragraph (b); and

(b) is to designate in the notice the scheme, if any, which he believes complies with regulation F6(3); and

(i) in that notice; or

(ii) at any time before he receives a notification of a decision or determination that the conditions specified in regulation F3(2) to (9) are satisfied in relation to the person to whom that notice relates, by a further notice in writing to the Committee,

elect that regulation F6 shall apply with the substitution, in paragraph (1)(a) or (12) as the case may be, for “47%” of any specified lesser percentage; and

(d) whether or not he has so elected, may at any time before he receives such a notification withdraw the notice given under regulation F3.

Reckonable service and benefits

F6

(1) Subject to regulation F5(2)(c) and paragraphs (2) to (15), a person in relation to whom regulation F3 applies is entitled, or, as the case may be, shall be deemed to have been entitled—

(a) in the case of a person entitled on the relevant date—

(i) to participate in the benefits provided by these regulations; or

(ii) to a retirement pension under these regulations, to reckon as reckonable service a period equal to 47% of his war service; or

(b) in the case of a person who became entitled to receive a pension under the former regulations, to receive, in respect of the service in respect of which that pension is payable, the additional benefits specified in paragraph (11).

(2) Where regulation F3(2)(d) applies and the scheme designated under regulation F5(2)(b) (“the designated scheme”) is a scheme specified in Schedule 14, paragraph (1) applies only if that scheme complies with paragraph (3).

(3) A scheme complies with this paragraph if—

(a) it is the first public service scheme the war service provisions of which could have become applicable to the person if he had remained a member of it; and

(b) he is, or in the case of a deceased employee was immediately before he died—

(i) entitled to reckon the employment in which he was subject to the scheme as reckonable service; or

(ii) entitled to a retirement pension in the calculation of which that employment was taken into account as reckonable service.

(4) Where the designated scheme is a scheme specified in Part I of Schedule 14 and complies with paragraph (3), this regulation applies with the substitution throughout for references to 47% of references to 63⅔%.

(5) Where the designated scheme is a scheme specified in Part II of Schedule 14 and complies with paragraph (3), this regulation applies with the substitution throughout for reference to 47% of references to 46½%.

(6) Where the designated scheme is not a scheme specified in Schedule 14, paragraph (1) applies only if a transfer value, calculated in accordance with Part V of Schedule 16, is received in respect of the period that could have become reckonable under the war service provisions of that scheme.

(7) Where paragraph (1) applies, by virtue of the acceptance of such a transfer value, this regulation applies with the substitution throughout for references to a period equal to 47% of the person’s war service of references to the period that could have become reckonable under the war service provisions of the designated scheme.

(8) Where the person was entitled on the relevant date to a retirement pension—

(a) his entitlement under paragraph (1)(a), and to any resulting increase in the rate of his retirement pension, shall be taken to have arisen on—

(i) 1st April 1978; or

(ii) the date on which he ceased to hold his employment,

whichever is the later date; and

(b) if regulation 20(6) of the 1981 regulations or the corresponding provisions of the former regulations applied to him before 1st December 1984—

(i) any increase by virtue of paragraph (1)(a) in the amount of any benefit is not subject to reduction under regulation E3(11); and

(ii) the period that he is entitled by paragraph (1)(a) to reckon as reckonable service is not to be taken into account in calculating the reduction of any benefit falling to be reduced under regulation E3(11).

(9) The relevant date for the purposes of paragraphs (1) and (8) is the date of the election under regulation F3, except in the case of a deceased employee where it is the date of his death.

(10) Any period which a person is or is deemed to have been entitled to reckon as reckonable service by virtue of paragraph (1) shall for the purposes of regulation E3(4) to (7) and of regulation E11(6) and (10) be deemed to be reckonable service before, as the case may be—

(a) 1st April 1972; or

(b) any earlier date on which he became a widower or was judicially separated from his wife or on which his marriage was dissolved.

(11) The additional benefits mentioned in paragraph (1)(b) are—

(a) an additional pension, payable from—

(i) 1st April 1978; or

(ii) the date on which he ceased to hold his employment,

whichever is the later date; and

(b) if the person has received or is entitled to receive payment of a retiring allowance, an additional lump sum,

calculated in accordance with paragraph (12).

(12) Subject to regulation F5(2)(c) and paragraph (15)—

(a) the annual rate of an additional pension; and

(b) the amount of an additional lump sum,

specified in paragraph (11) is the amount by which the annual rate of the corresponding original pension or, as the case may be, the amount of the corresponding original lump sum would have been increased if a period equal to 47% of the person’s war service had been service, or a period, of a kind which (however described) counted in full in the calculation of the original pension or lump sum.

(13) Where—

(a) before the date of notification of a decision or determination that he is entitled to reckon a period as reckonable service by virtue of paragraph (1), a person in relation to whom regulation F3 applies has been credited with an additional period of service under—

(i) any provision made by an enactment or instrument for compensation for loss of employment or loss or diminution of emoluments or for early retirement in lieu of such compensation; or

(ii) regulation E3(9),

(“the enhancement provision”); and

$$A+B+Cexceeds 40 years,$ where— A is the period which would but for this paragraph be reckonable by him as reckonable service by virtue of paragraph (1); B is the remainder of his reckonable service; and C is the additional period of service with which he has been credited under the enhancement provision, the period which is reckonable by him as reckonable service by virtue of paragraph (1) is the total of 40 − (B + C) and the amount, if any, by which (A + B + C) − 40 exceeds C; except that where the enhancement provision is comprised in regulations made under Article 3 of the Superannuation (Northern Ireland) Order 1973[^f00026] “45” is to be substituted for “40” wherever the latter figure occurs in this paragraph.$

(14) Where a person dies who was entitled or deemed to be entitled to any additional benefit specified in paragraph (11) and there is payable in respect of him under the former regulations any benefit similar to a widow’s pension, children’s pension or death grant payable under Part E (“the death benefit”), the person entitled to receive the death benefit is entitled to receive, in respect of the service in respect of which the death benefit is payable, a corresponding additional benefit at any rate or, as the case may be, of any amount by which the death benefit would have been increased if a period equal to 47% of the deceased person’s war service had been service, or a period, which (however described) counted in full in ascertaining entitlement to the death benefit and its rate or amount.

(15) The total of an additional benefit under paragraph (11) or (14) and the corresponding original benefit must not exceed the greatest original benefit that could have been paid if—

(a) the period equal to 47% of the person’s war service had been a period of service before he attained the age of 60 years; and

(b) no more than—

(i) 40 years' service before attaining that age; and

(ii) 45 years' service in all,

had been capable of counting in the calculation of the original benefit.

(16) In calculating a period equal to a percentage of a person’s war service for any of the purposes of this regulation, the war service is to be counted as a number of days, arrived at by—

(a) multiplying the number of complete years of war service, if any, by 365; and

(b) counting any part of the war service that does not amount to a number of complete years at its actual length in days,

rounding up any fraction of a day resulting from the calculation to the nearest whole day.

Revision of certain elections

F7

(1) Subject to paragraph (2), where—

(a) notice of one or more elections under regulation C9(2) or regulation 15(2), (3) or (4) of the 1981 regulations or the corresponding provisions of the former regulations or notice under regulation 14 of the Local Government (Superannuation) (Amendment) (No. 3) Regulations (Northern Ireland) 1979[^f00027] has been given by or in respect of a person in relation to whom regulation F3 applies; and

(b) the service thereby specified amounts to the whole of his reckonable service before, as the case may be—

(i) 1st April 1972;

(ii) any earlier date on which he became a widower or was judicially separated from his wife or on which his marriage was dissolved,

he or his personal representatives may elect that the period which he is or is deemed to be entitled to reckon as reckonable service by virtue of regulation F6(1) is to be treated as having been included in the service specified in the latest notice.

(2) An election under paragraph (1)—

(a) may not be made unless notice of election under regulation 98 of the 1981 regulations was given within the period of 6 months beginning on the relevant date, or in the case of a deceased employee who died during that period, within the period of 12 months beginning on the date of his death; and

(b) must, unless they allow a longer period, be made by giving notice in writing to the Committee within 3 months after the date of notification of a decision by the Committee, or as the case may be a determination by the county court under regulation N8 that the person is or is deemed to be entitled to reckon such a period as is mentioned in paragraph (1).

(3) For the purposes of paragraph (2)(a) the relevant date—

(a) where regulation F3(2)(d) applies, is 12th December 1985; and

(b) in any other case, is 1st December 1984.

PART G — MODIFICATIONS IN SPECIAL CASES

Application to existing officers

G1

In their application to existing officers these regulations shall have effect subject to the modifications set out in Part I of Schedule 15.

Special provisions for the reckoning by existing officers as service of certain kinds of employment prior to 1st April 1950

G2

(1) Where an existing officer was entitled—

(a) by virtue of regulation 5(6) of the 1950 regulations or the corresponding provision of the Belfast Corporation Superannuation Scheme to reckon as service any period of employment between 1st April 1939 and 4th February 1948, during which he was subject to the Act of 1937 or any other scheme approved for the purposes of regulation 5(6) of the 1950 regulations;

(b) by virtue of regulation 15(1)(a) of the 1950 regulations or the corresponding provision of the Belfast Corporation Superannuation Scheme to reckon as service any period of employment prior to 1st April 1950 which was reckonable at that date for the purpose of calculating superannuation benefits under the Act of 1865, the Act of 1869, the Act of 1875, the Act of 1919 or any local Act;

(c) by virtue of the proviso to regulation 15(8) of the 1950 regulations or the corresponding provision of the Belfast Corporation Superannuation Scheme to reckon as service any period of employment prior to 1st April 1950 under an employing authority;

(d) by virtue of regulation 15(1)(a) or (b) of the 1951 Scheme to reckon as service any period of employment with the North of Ireland Chemical Company Ltd., the Holywood Gas Company or the Belfast Society for providing Nurses for the Sick Poor; or

(e) by virtue of the proviso to regulation 23 of the 1951 Scheme to reckon as service any period of employment prior to 1st April 1950 reckonable at that date for the purpose of calculating superannuation benefits under the Act of 1943 and any period of employment after that date up to the date when the proviso became applicable to him and in respect of which he had contributed in accordance with the terms thereof,

and that period of employment would have continued to be reckonable under the former regulations had these regulations not been made, then any such period of employment as aforesaid shall be reckonable as service in relation to the employment in which he is a pensionable employee.

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