National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1969

Cited as:SI 1969/793
Jurisdiction:UK Non-devolved

1969No. 793

SOCIAL SECURITY

The National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1969

6thJune1969

20thJune1969

1stJuly1969

ARRANGEMENT OF REGULATIONS

PART I

INTRODUCTORY

1. Title and commencement

2. Interpretation

3. Definition of enactments

4. Purport of Parts II, III and IV

5. Equivalent pension benefits

6. Local Act schemes

7. Retained local Act rights

PART II

FLAT-RATE REDUCTION

8. Persons subject to flat-rate reduction

9. Definition of "material date"

10. Reduction of contributions

11. Reduction in payments for added years and additional contributory payments

12. Reduction of pensions

13. Persons transferring from the National Health Service or Scottish local government

14. Persons subject to old modification schemes

15. Persons transferring from fire brigade

16. Persons in part-time employment

17. Extensions of time for national service, etc.

PART III

COMBINED AND GRADUATED REDUCTION

18. Persons subject to combined or graduated reduction

19. Reduction of contributions

20. Reduction of payments for added years and additional contributory payments

21. Reduction of pensions

22. Reduction of short service and death grants

23. Reduction of benefit attributable to added years, etc.

24. Calculation of disability pension

25. Calculation of additional compensatory benefit

26. Persons in part-time employment

PART IV

MISCELLANEOUS AND CONSEQUENTIAL

27. Contributions deemed to have been made under the Act of 1937

28. Reduction of transfer values

29. Adjustments following payment in lieu of contributions

30. Adjustments between authorities

31. Modification of certain interchange rules

32. Reduction of pension in respect of other reckonable service

33. Payments for added years and additional contributory payments continued from a former employment

34. Amendments to actuarial valuation and administration regulations

PART V

EQUIVALENT PENSION BENEFITS

35. Equivalent pension benefits

36. Commencement of benefits not later than insured pensionable age

37. Limitations on surrender, termination, etc., of pensions

PART VI

LOCAL ACT SCHEMES

38. General modification of local Act schemes

39. Modification, etc., of particular regulations

PART VII

REVOCATIONS, ETC.

40. Revocations

41. Enactments ceasing to apply, etc.

SCHEDULES

Schedule 1 Flat-rate reduction of pensions
                Schedule 2 Flat-rate reduction of voluntary
                 payments
                Schedule 3 Combined and graduated reduction
                 of certain voluntary payments
                Schedule 4 Combined and graduated reduction
                 of pensions
                Schedule 5 Reduction of transfer values
                Schedule 6 Interchange rules affected by
                 regulation 31
                Schedule 7 Amendments to the actuarial
                 valuation regulations
                Schedule 8 Amendments to the administration
                 regulations
                Schedule 9 Reduction of benefits under
                 regulation 36
                Schedule 10 Revocations
                

The Minister of Housing and Local Government, having been determined to be the appropriate Minister for the purposes of section 110 of the National Insurance Act 1965(a) in relation to the schemes for the provision of pensions and other benefits established under the Local Government Superannuation Acts 1937 to 1953(b) and similar local Acts, in exercise of his powers under the said section 110, and under sections 22(3), 29, 30(3), 36(6) and 40(1) of the Local Government Superannuation Act 1937, and of all other powers enabling him in that behalf, hereby makes the following regulations:—

PART I

INTRODUCTORY

Title and commencement

1. These regulations may be cited as the National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1969, and shall come into operation on 1st July 1969.

Interpretation

2.—(1) For the purposes of these regulations, any enactment or group of enactments referred to in regulation 3 has the meaning assigned to it thereby, and unless the context otherwise requires—

"contributing service" and "non-contributing service" have the same respective meanings as in the Act of 1937;

"contributory employee" has the same meaning as in the Act of 1937, and for the purposes of these regulations includes additionally a person deemed to be a contributory employee;

"disqualifying break of service" has the same meaning as in the Act of 1937;

"early retirement classes" means persons of any of the following descriptions—

(a) a female nurse, female physiotherapist, midwife or health visitor to whom regulation 21 of the Benefits Regulations applies; or

(b) a person to whom the Benefits Regulations apply with the modifications provided in regulation 23 thereof;

(a) 1965 c.51.

(b) 1937 c. 68; 1939 c. 18; 1953 c. 25.

"employing authority" has the same meaning as in the Act of 1937;

"enactment" includes any instrument made under an Act;

"established officer or servant" has the meaning which was assigned to it by the Asylums Officers' Superannuation Act 1909(a);

"general Act scheme" means the local government superannuation Acts and the rules and regulations for the time being in force thereunder so far as they relate to contributory employees, and includes the provisions of any local enactment relating to the contributory employees of any local authority who are not a local Act authority;

"insured person" means an insured person for the purposes of the Insurance Acts;

"local Act authority" has the same meaning as in the Act of 1937;

"local Act contributor" has the same meaning as in the Act of 1937 and for the purposes of these regulations includes additionally—

(a) a person deemed to be a local Act contributor, and

(b) a person entitled to participate in any of the benefits of a superannuation fund maintained under a local Act scheme;

"local Act scheme" has the same meaning as in the Act of 1937, and includes any such scheme which is applied to any particular class of employees by regulations made under the Act of 1953;

"local authority" has the same meaning as in the Act of 1937;

"material date" has the meaning assigned to it by regulation 9;

"maximum graduated remuneration" means for any period or part of a period of employment occurring—

(a) before 5th October 1966, 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 National Insurance Act 1959(b) or section 4(1) of the Insurance Act (which sections relate to graduated contributions under those Acts), and

(b) after 4th October 1966, the maximum annual amount on which such contributions would have been payable under the said section 4(1) before any amendment thereof by section 1 of the National Insurance Act 1966(c) (which increased graduated contributions, to enable payment of earnings-related benefit);

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

"modification provision" means any provision of a pension scheme which secures the reduction of pensions under the scheme in connection with the operation of any insurance code;

"national service", in relation to any person, means service which is relevant service within the meaning of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(d), and any similar service immediately following relevant service entered into with the consent of the authority or person by whom he was employed before entering that service or in the case of a person who holds an appointment to an office and is not employed under a contract of employment, with the consent of the authority by whom he was appointed;

(a) 1909 c. 48.

(b) 1959 c. 47.

(c) 1966 c. 6.

(d) 1951 c. 65.

"non-participating employment" has the same meaning as in section 56(1) of the Insurance Act;

"old modification scheme" means a scheme made pursuant to section 28(3) of the Widows', Orphans' and Old Age Contributory Pensions Act 1936(a);

"participating employment" means, in relation to any period which is reckonable as service for the purposes of the local government superannuation Acts, any employment in which a person—

(a) is required to pay graduated contributions under section 4(1)(c) of the Insurance Act as amended by section 1 of the National Insurance Act 1966, or

(b) would be required to pay such contributions if the amount which was paid in any income tax week on account of his remuneration (or which would have been paid but for any suspension of remuneration due to leave of absence) exceeded the amount first mentioned in section 4(1) of the Insurance Act as so amended,

and includes any similar period of employment in which a person is, or would be, required to pay graduated contributions under the Northern Ireland Act or the Isle of Man Act; but the expression does not include any period of national service in respect of which contributions are paid under the Superannuation (Local Government Staffs) (National Service) Rules 1949 to 1954(b) if immediately prior to entering national service the person was in non-participating employment;

"payment in lieu of contributions" means a payment in lieu of contributions under Part III of the Insurance Act;

"pension" means a retirement pension or a benefit under the Benefits Regulations corresponding to a superannuation allowance under Part I of the Act of 1937, and includes a pension to which a person has become entitled prospectively, on attaining some greater age;

"person entitled to 1937 benefits" means a person entitled to a benefit under the Benefits Regulations corresponding to a superannuation allowance under Part I of the Act of 1937, and "1937 benefits" shall be construed accordingly;

"person entitled to 1954 benefits" means a person (other than a person entitled to 1937 benefits) entitled to benefits under the Benefits Regulations, and "1954 benefits" shall be construed accordingly;

"person subject to flat-rate reduction", "person subject to graduated reduction" and "person subject to combined reduction" have the respective meanings assigned by regulation 4, and "flat-rate reduction", "graduated reduction" and "combined reduction" mean the appropriate reduction...

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