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The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2019

Type Ni-Statutory-Rule
Publication 2019-10-23
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
Reform history JSON API PDF

Made: 23rd October 2019

Coming into operation: 18th November 2019

The Department for Communities , with the consent of the Department of Finance , makes these Regulations in exercise of the powers conferred by sections 1, 3 and 25 of, and Schedule 3 to, the Public Service Pensions Act (Northern Ireland) 2014 .

In accordance with section 21 of that Act, the Department has consulted with such persons or representatives of such persons as appear to the Department likely to be affected by these Regulations.

The retrospective provisions contained in these Regulations do not appear to the Department to have significant adverse effects in relation to the pension payable to or in respect of members of the scheme established by The Local Government Pension Scheme Regulations (Northern Ireland) 2014 or the schemes preserved by the Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 , nor in any other way in relation to members of those schemes. Accordingly, the procedures set out in section 23 of that Act are not applicable in respect of these Regulations.

Citation, commencement, interpretation and retrospection

1

PART 1 — Survivor Benefits Amendments

Amendment of the Benefits Regulations

2
3

In regulation 1(2) (citation, commencement and interpretation)—

“cohabiting partner” means a person whom the Committee is satisfied fulfils the following condition— (a) the person (P) has fulfilled the condition in paragraph (b) for a continuous period of at least two years on the date the member (M) died; (b) the condition is that— (i) M is able to marry, or form a civil partnership with, P; (ii) M and P are living together as if they were a married couple or as if they were civil partners; (iii) neither M nor P is living with a third person as if they were a married couple or as if they were civil partners; and (iv) either P is financially dependent on M, or M and P are financially interdependent; and (c) in this definition “member” means an active member or a former active member who has become a deferred or pensioner member in accordance with these Regulations or the Administration Regulations.

; and

4

In regulation 14A (election to pay additional contributions: survivor benefits)—

5

In regulation 24(1) (survivor benefits: active members) omit “nominated”.

6

Omit regulation 25 (meaning of nominated cohabiting partner).

7

In regulation 33(1) (survivor benefits: deferred members) omit “nominated”.

8

In regulation 36(1) (survivor benefits: pensioner members) omit “nominated”.

Amendment of the Administration Regulations

9
10

In regulation 42(2) (exclusion of rights to return of contributions) omit “nominated”.

11

In regulation 45B(1) (survivor benefits: guaranteed minimum pension) omit “nominated”.

12

In regulation 54(2)(a) (right to apply for an appointed person to review a decision) omit “nominated”.

13

In regulation 72(5)(b) (transfer of sums from the fund to compensate for former member's misconduct) omit “nominated”.

14

In regulation 76(5)(a) (contracting-out requirements affecting transfers out) for “nominated co-habiting” substitute “ cohabiting ”.

15

In regulation 81(2)(b) (community scheme transferees) omit “nominated”.

16

In Schedule 1 (interpretation)—

“cohabiting partner” has the meaning given in regulation 1 (citation, commencement and interpretation) of the Benefits Regulations;

; and

Amendment of the 2009 Transitional Regulations

17
18

In regulation 1(3) (citation, commencement, interpretation and retrospection)—

“cohabiting partner” has the meaning given in regulation 1 (citation, commencement and interpretation) of the Benefits Regulations;

; and

19

In regulation 3(4) (membership accrued before 1st April 2009: active members) omit “nominated”.

20

In Schedule 5 (transitional and transitory provisions and savings) in paragraph 4(3), in the definition of “benefit” omit “nominated”.

Amendment of the Principal Regulations

21

The Principal Regulations are amended in accordance with regulations 22 to 31.

22

In regulation 21(2) (exclusion of rights to return of contributions) omit “nominated”.

23

In regulation 41(1) (survivor benefits: partners of active members) omit “nominated”.

24

Omit regulation 42 (meaning of “nominated co-habiting partner”).

25

In regulation 47(1) (survivor benefits: partners of deferred members) omit “nominated”.

26

In regulation 52(1) (survivor benefits: partners of pensioner members) omit “nominated”.

27

In regulation 58(8) (guaranteed minimum pensions) omit “nominated”.

28

In regulation 84(2)(a) (right to apply for an appointed person to review a decision) omit “nominated”.

29

In regulation 109(4)(a) (contracting-out requirements affecting transfers out) omit “nominated”.

30

In regulation 114(2)(b) (EU scheme transfers) omit “nominated”.

31

In Schedule 1 (interpretation)—

“cohabiting partner” means a person whom the Committee is satisfied fulfils the following condition— (a) the person (P) has fulfilled the condition in paragraph (b) for a continuous period of at least two years on the date the member (M) died; (b) the condition is that— (i) M is able to marry, or form a civil partnership with, P; (ii) M and P are living together as if they were a married couple or as if they were civil partners; (iii) neither M nor P is living with a third person as if they were a married couple or as if they were civil partners; and (iv) either P is financially dependent on M, or M and P are financially interdependent; and (c) in this definition— (i) “member” means an active member or a former active member who has become a deferred or pensioner member in accordance with these Regulations or the 2009 Regulations; and (ii) the qualifying time period, under paragraph (a), of a continuous period of at least two years on the date the member died as it applies in relation to the condition in paragraph (b)(i) (ability to marry or form a civil partnership) no longer applies from 18th November 2019;

Amendment of the 2014 Transitional Regulations

32

The 2014 Transitional Regulations are amended in accordance with regulations 33 and 34.

33

In regulation 17(7)(c) (survivor benefits) omit “nominated”.

34

In paragraph 4(3) of Schedule 5 (transitional and transitory provisions and savings), in the definition of “benefit” for “nominated cohabiting partner (as defined in regulations 42 of the 2014 Regulations)” substitute “ cohabiting partner ”.

PART 2 — Minor amendments

Amendment of the 1981 Regulations

35
36

For regulation 13(4)(e) (admission of other persons to participation in superannuation benefits), substitute—

(e) the managers of a voluntary school or grant maintained integrated school within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 .

Amendment of the 1992 Regulations

37
38

In regulation B5(10)(e) (power to admit employees of other bodies), after “school” insert “ or grant maintained integrated school ”.

Amendment of the 2000 Regulations

39
40

In regulation B6 (agreements to enable employees of non-LGPS employers to be members (“admission agreements”))—

41

In regulation D11 (entitlement to deferred retirement benefits)—

(e) in the case of a person who— (i) has ceased the employment under which the preserved benefits were accrued (but may be in local government employment unrelated to the preserved benefits); and (ii) has duly elected to receive payment from a date on or after the date upon which that person attains the age of 55, the date so elected.

; and

42

In regulation D13 (reduction of pensions payable early by virtue of elections etc.)—

43

After regulation N9(1) (payment of benefits), insert—

(1A) A pension credit member may apply in writing to the Committee for the early payment of benefits from age 55 up to normal benefit age and such benefits must be reduced in accordance with guidance issued by the Government Actuary.

Amendment of the 2002 Regulations

44
45

In regulation 4 (employees of non-Scheme employers: community admission bodies)—

46

Omit paragraph (7) of regulation 41 (death grants).

47

After regulation 140(1) (payment of benefits) insert—

(1A) A pension credit member may apply in writing to the Committee for the early payment of benefits from age 55 up to normal benefit age and such benefits must be reduced in accordance with guidance issued by the Government Actuary.”.

48

Omit paragraph (5) of regulation 141 (death grants).

Amendment of the Benefits Regulations

49
50

Omit paragraph (5) of regulation 23 (death grants: active members).

51

Omit paragraph (4) of regulation 32 (death grants: deferred members).

52

Omit paragraph (4) of regulation 35 (death grants: pensioner members).

Amendment of the Administration Regulations

53
54

In regulation 4(2)(f) (employees of community admission bodies), after “school” insert “ or grant maintained integrated school ”.

55

Omit paragraph (10) of regulation 22 (use of accumulated value of AVCs and SCAVCs).

56

Omit paragraph (3) of regulation 92 (death grants: pension credit members).

Amendment of the Principal Regulations

57

The Principal Regulations are amended in accordance with regulations 58 to 83.

58

After regulation 10(1) (pension credit members and survivor members) insert—

(1A) A reference to a pension credit member is always a reference to that member before benefits come into payment; at that point the pension credit member becomes a pensioner member.

59

In regulation 13 (contributions during absence from work) after paragraph 3 insert—

(3A) An active member shall pay contributions under regulation 11 (contributions) or 12 (temporary reduction in contributions) during an absence from work with the permission of the member's employing authority (otherwise than because of illness or injury) in accordance with regulation 16A (contributions during absences with permission).

60

After regulation 16 (contributions during absence for illness or injury) insert—

(16A) An active member who is absent from work with permission from the member's employing authority and receiving reduced pay or no pay— (a) shall pay contributions in accordance with regulation 11 (contributions) or regulation 12 (temporary reduction in contributions) on the pensionable pay the member would have received but for the member's absence; and (b) may continue to pay APCs, AVCs or SCAVCs that the member was paying prior to the period of absence, where the absence, is for a period of 30 consecutive days or less, in respect of the period of that absence; or is for a period longer than 30 consecutive days, in respect of the first 30 days of that absence only.

61

In regulation 17 (employing authority contributions during absence)—

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