National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1963

Cited as:SI 2060/1963
Jurisdiction:UK Non-devolved

1963No. 2060

NATIONAL INSURANCE

The National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1963

18thDecember1963

30thDecember1963

6thJanuary1964

Whereas the Treasury has determined under section 69(4) of the National Insurance Act 1946(a) that the Minister of Housing and Local Government is the appropriate Minister to make regulations under that subsection for modifying schemes for the provision of pensions and other benefits established under the Local Government Superannuation Acts 1937 to 1953(b) or a local Act:

Now, therefore, the Minister of Housing and Local Government, in exercise of the powers conferred on him by the said section 69(4) as extended by section 15 of the National Insurance Act 1959(c) and of all other powers enabling him in that behalf, hereby makes the following regulations:—

PART I—GENERAL

Citation and commencement

1.—(1) These regulations may be cited as the National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1963 and shall come into operation on 6th January 1964.

(2) The National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1961(d), the National Insurance (Modification of Local Government Superannuation Schemes) No. 2 Regulations 1961(e) and these regulations may be cited together as the National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1961 to 1963.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires:—

"the Act of 1946" means the National Insurance Act 1946;

"the Act of 1948" means the Superannuation (Miscellaneous Provisions) Act 1948(f);

"the Act of 1959" means the National Insurance Act 1959;

"the Northern Ireland Act" means the National Insurance Act (Northern Ireland) 1959(g);

(a) 9 & 10 Geo. 6. c. 67.

(b) 1 Edw. 8 & 1 Geo. 6. c. 68; 2 & 3 Geo. 6. c. 18; 1 & 2 Eliz. 2. c. 25.

(c) 7 & 8 Eliz. 2. c. 47.

(d) S.I. 1961/21 (1961 I, p. 46).

(e) S.I. 1961/405 (1961 I, p. 1031).

(f) 11 & 12 Geo. 6. c. 33.

(g) 1959 c. 21 (N.I.).

"the Isle of Man Act" means the National Insurance (Isle of Man) Act 1961 (an Act of Tynwald);

"the regulations of 1961" means the National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1961;

"the principal regulations" means the National Insurance (Modification of Local Government Superannuation Schemes) No. 2 Regulations 1961;

"local government service" means service in employment by virtue of which the person employed is a contributory employee or a local Act contributor;

"the Minister" means the Minister of Housing and Local Government;

"modification provision" means, in relation to any pension scheme, any provision of the scheme the effect of which is that pensions under the scheme are to be reduced in connection with the operation of the provisions of the Act of 1959, the Northern Ireland Act or the Isle of Man Act relating to the payment of graduated retirement benefit;

"participating employment" has the same meaning as in the principal regulations and includes any similar period of employment in which the person is, or would be, required to pay graduated contributions under the Northern Ireland Act or the Isle of Man Act;

and other expressions have the same meaning as in the principal regulations.

(2) References in these regulations to the provisions of any enactment, scheme, rule or regulation shall, unless the context otherwise requires, be construed as references to those provisions as amended, modified, extended, applied or re-enacted by any subsequent enactment, scheme, rule, order or regulations, including these regulations.

(3) For the purposes of these regulations, no account shall be taken of fractions of a penny less than a halfpenny, and fractions of a penny of a halfpenny or more shall be treated as a penny.

(4) The Interpretation Act 1889(a) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.

PART II—AMENDMENT OF THE NATIONAL INSURANCE (MODIFICATION OF LOCAL GOVERNMENT SUPERANNUATION SCHEMES) REGULATIONS 1961

Amendment of Regulation 4 of the Regulations of 1961

3.—(1) In regulation 4(1) of the regulations of 1961 (which provides for the commencement of certain benefits not later than insured pensionable age) for the word "benefit" where it appears for the second time, there shall be substituted the words "retirement pension", and for the word "thereunder", there shall be substituted the words "under the relevant scheme, in lieu of any other benefit receivable by her under the scheme".

(2) For the proviso to regulation 4(2) of the regulations of 1961 there shall be substituted the following proviso—

"Provided that an annual pension so payable in respect of any period of service shall not be less than the minimum rate of equivalent pension benefits applicable in respect of that period under the provisions of Part II of the Act."

(a) 52 & 53 Vict. c. 63.

Amendment of Regulation 5 of the Regulations of 1961

4. In regulation 5 of the regulations of 1961 (which limits the extent to which pensions can be reduced) after the word "payable" where it first appears there shall be inserted the words "in respect of any period of service", and for the words "such amount as would be equal when expressed as a weekly rate to the graduated retirement benefit which would be payable to the employee under the Act in return for an amount of graduated contributions equal to one such contribution paid in each week of the period of his service in respect of a weekly payment of remuneration of fifteen pounds" there shall be substituted the words "the minimum rate of equivalent pension benefits applicable in respect of that period under the provisions of Part II of the Act."

PART III—AMENDMENT OF THE NATIONAL INSURANCE (MODIFICATION OF LOCAL GOVERNMENT SUPERANNUATION SCHEMES) No. 2 REGULATIONS 1961

Amendment of Regulation 2 of the Principal Regulations

5. Regulation 2(1) of the principal regulations shall be amended as follows:—

(a) After the definition of "local Act contributor" there shall be inserted the following definition—

"'maximum graduated remuneration' for any period of employment or part of a period means the maximum annual amount on which, during that period or part, graduated contributions were payable for any one employment under section 1(1)(b) of the Act of 1959".

(b) In the definition of "participating employment", after the word "remuneration" there shall be inserted the words "or which would have been paid but for any suspension of remuneration due to leave of absence".

Amendment of Regulation 4 of the Principal Regulations

6. For paragraph (a) of regulation 4 of the principal regulations (which provides for the reduction of superannuation contributions) there shall be substituted the following paragraph—

"(a) a rate equivalent to one per cent. of so much of his remuneration, as ascertained for the purposes of that enactment or scheme, as does not exceed the maximum graduated remuneration for the time being; or".

Amendment of Regulation 8 of the Principal Regulations

7. The following paragraph shall be inserted at the end of regulation 8 of the principal regulations (which relates to persons in part-time employment):—

"(3) Where a person whose contributions are subject to reduction under this part of these regulations or the regulations of 1947(a) is a contributory employee or local Act contributor in each of two or more separate employments under the same employing authority, then, subject to the provisions of paragraphs (1) and (2) of this regulation or paragraphs (1) and (2) of regulation 8 of the regulations of 1947, as the case may be, the relevant provisions of this part of these regula-

(a) S.R. & O. 1947/1245 (Rev. XVI, p. 273: 1947 I, p. 1498).

tions or of the regulations of 1947, as the case may be, shall apply only in relation to the employment to which he devotes a greater part of his time than to any other of his separate employments or, if there is no such employment, to such one of his separate employments as the employing authority may determine."

Amendment of Regulation 9 of the Principal Regulations

8. Regulation 9 of the principal regulations (which provides for the reduction of payments for added years and additional contributory payments) shall be amended as follows:—

(a) In paragraph (1), for the words "paragraph (3)" there shall be substituted the words "paragraphs (3), (5) and (8)".

(b) In paragraph (2), for the words "for which" there shall be substituted the words "at the end of which", and for the words "paragraph (4)" there shall be substituted the words "paragraphs (4), (6), (7) and (8)".

(c) After paragraph (4) there shall be added the following paragraphs:—

"(5) In relation to any payments mentioned in paragraph (1) of this regulation, consent to the making of which is given after 5th January 1964, paragraph (3)(a) of this regulation shall have effect with the substitution for the words 'seven hundred and eighty pounds per annum' of the words 'the maximum graduated remuneration in force at the time when consent to the making of the payments was given'.

(6) In respect of any period of participating employment or part of such period commencing after 5th January 1964, paragraph (4) of this regulation shall have effect with the substitution for the words 'seven hundred and eighty pounds per annum' in sub-paragraph (a) of the words 'the maximum graduated remuneration'.

(7) Where any payments mentioned in paragraph (2) of this regulation are begun after 5th January 1964 in respect of any period of non-participating employment at the end of which a payment in lieu of contributions is required to be made under the Act of 1959, the payments of the appropriate percentage of remuneration specified in columns 2, 3 or 4 of the table contained in Schedule 2 to the benefits regulations shall be reduced by an amount equivalent to one quarter...

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