Local Government (Discretionary Payments) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/1680 |
1996 No. 1680
PENSIONS
The Local Government (Discretionary Payments) Regulations 1996
Made 24th June 1996
Laid before Parliament 4th July 1996
Coming into force 25th July 1996
The Secretary of State for the Environment, in exercise of the powers conferred on him by sections 7, 12 and 24 of the Superannuation Act 19721, after consultation with such associations of local authorities as appeared to him to be concerned, the local authorities with whom consultation appeared to him to be desirable and such representatives of other persons likely to be affected by the Regulations as appeared to him to be appropriate, hereby makes the following Regulations:—
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Local Government (Discretionary Payments) Regulations 1996 and shall come into operation on 25th July 1996.
General interpretation
2.—(1) Unless the context otherwise requires, in these Regulations—
“the 1972 Act” means the Superannuation Act 1972;
“the 1978 Act” means the Employment Protection (Consolidation) Act 19782;
“assumed member” has the meaning given in regulation 6(2);
“employing authority”, in relation to a person whose employment ceases as described in regulation 6(1)(a), means the body by whom he is employed on the material date, being a body specified in Schedule B1 of the LGPS Regulations (LGPS employers);
“employment” includes office and service;
“the LGPS Regulations” means the Local Government Pension Scheme Regulations 19953;
“the 1986 Regulations” means the Local Government Superannuation Regulations 19864;
“LGPS employer” means a LGPS employer (as defined in the LGPS Regulations) including, in relation to any person who is an admission agreement employee (as so defined), his employing body (as so defined);
“LGPS member” means a member of the Scheme (as defined in the LGPS Regulations);
“the Scheme” has the meaning given in the LGPS Regulations.
(2) Any expressions which are used in these Regulations and are not given a specific meaning for the purposes of these Regulations shall, unless the context otherwise requires, be construed as if they were contained in the LGPS Regulations.
(3) Where in these Regulations references are made to anything done under, required under or arising under any provision of the LGPS Regulations, those references shall be construed (so far as the context permits) as references to anything done under, required under or arising under the corresponding provision of the Local Government Superannuation Regulations 19745or, as the case may be, the 1986 Regulations; and where any references are made to a LGPS member or a person who would be or would have been a LGPS member, those references shall be construed so far as the context permits as references to a pensionable employee or, as the case may be, to a person who would be or would have been a pensionable employee, within the meaning of the Local Government Superannuation Regulations 1974 or, as the case may be, the 1986 Regulations.
Application to Isles of Scilly
3. These Regulations apply to the Isles of Scilly as if the Isles were a district in the county of Cornwall and the Council of the Isles of Scilly were a council of that district.
PART II
INCREASE OF 1978 ACT REDUNDANCY PAYMENTS
Power to increase 1978 Act redundancy payments above 1978 Act weekly pay limit
4.—(1) Where a LGPS member or an assumed member—
(a)
(a) ceases to hold his employment with an employing authority; and
(b)
(b) is entitled to a redundancy payment under the 1978 Act,
the authority may pay him compensation under this regulation.
(2) The compensation payable under this regulation shall not exceed the difference between—
(a)
(a) the redundancy payment to which he is entitled under Part VI of the 1978 Act (redundancy payments)6; and
(b)
(b) the redundancy payment to which he would have been so entitled if paragraph 8(1)(c) of Schedule 14 to that Act (limit on weekly pay for purposes of calculating redundancy payments) were omitted.
PART III
COMPENSATION FOR PREMATURE RETIREMENT
Interpretation
Interpretation of Part III
5.—(1) Unless the context otherwise requires, in this Part—
“the 1965 Regulations” means the Redundancy Payments Pensions Regulations 19657;
“the 1982 Regulations” means the Local Government (Compensation for Premature Retirement) Regulations 19828;
“annual compensation” shall be construed in accordance with regulation 10;
“credited period”, in relation to a person, means a period with which he is credited under regulation 8;
“eligible person” means a person who satisfies the conditions mentioned in regulation 6(1);
“enactment” includes any instrument made under an Act;
“excepted payment”, in relation to an employment of a person, means a payment received by him which is—
(a) a redundancy payment to which he is entitled under Part VI of the 1978 Act (redundancy payments), or compensation paid to him under Part II of these Regulations, in respect of the cessation of his former employment (including in either case any amount by which that payment is reduced in accordance with the 1965 Regulations); or
(b) a payment in respect of that employment made under Regulations, or under provisions having effect as provisions of regulations, made under section 7 of the 1972 Act; or
(c) a payment in lieu of annual or other leave to which he was entitled in that employment; or
(d) so much of any payment in lieu of notice of termination of that employment, as does not exceed the remuneration he would have received if he had remained in that employment for a period of three months after the material date;
“former employment”, in relation to a person, means the employment which ceased as described in regulation 6(1)(a);
“lump sum compensation” means such compensation as is mentioned in regulation 9;
“material date”, in relation to a person, means the date upon which he ceased to hold his former employment;
“new employment” shall be construed in accordance with regulation 15(4);
“occupational pension”, in relation to a person, means a pension (other than a lump sum) to which he has become entitled (whether or not payable immediately) being—
(a) a pension associated with any employment which is payable under an enactment (other than the Social Security Contributions and Benefits Act 19929or the LGPS Regulations), contract, scheme or other arrangement, including a pension under a personal pension scheme in relation to which the Secretary of State has paid contributions under section 1 of the Social Security Act 198610or section 43 of the Pension Schemes Act 199311; or
(b) a pension derived from the payment of a transfer value calculated by reference to pension rights (contingent or otherwise) arising under the LGPS Regulations or arising with respect to such a pension as is mentioned in paragraph (a);
“official pension” has the same meaning as in the Pensions (Increase) Act 197112;
“pensionable remuneration”, in relation to a person, means the remuneration which is (or, if there has been a relevant disqualification, which, but for that disqualification and on the relevant assumptions, would be) that person’s pensionable remuneration;
“the relevant assumptions” has the meaning given in regulation 7(2);
“relevant disqualification” has the meaning given in regulation 7(1);
“relevant Scottish employer” means—
(a) a scheduled body within the meaning of the Local Government Superannuation (Scotland) Regulations 198713; and
(b) Scottish Homes;
“total period of membership” includes any period of special service (other than special service consisting of periods of unpaid leave or other unpaid absence from duty);
“special service” has the meaning given in regulation 7(3) and (4).
(2) For the purposes of this Part, a person is an “eligible child” of a person if—
(a)
(a) he is a legitimate child of a marriage of the person which took place on or before the material date and was born before the expiry of the period of one year beginning with that date; or
(b)
(b) he is a child adopted by the person on or before the material date; or
(c)
(c) he is a child who was wholly or mainly dependent on the person both on the material date and at the time of the person’s death and is—
(i) the person’s step-child or illegitimate child;
(ii) an adopted child of someone else who married the person before the material date; or
(iii) a child accepted by the person as a member of the family.
(3) For the purposes of these Regulations, a person who in his employment immediately before the material date was subject to regulation B5(1) of the LGPS Regulations (separate employments under one employer) (or, if he is an assumed member would, apart from a relevant disqualification and on the relevant assumptions, be so subject) shall be treated, unless the context otherwise requires, in relation to each of the employments as if the other or others were held by him under another LGPS employer.
(4) A person who in his employment immediately before the material date was subject to regulation B5(2) (returning officers) of the LGPS Regulations (or, if he is an assumed member would, apart from a relevant disqualification and on the relevant assumptions, be so subject) shall for the purposes of these Regulations be treated, unless the context otherwise requires, as if each additional duty were a separate variable-time employment with a LGPS employer other than the employer with whom he was in whole-time employment.
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