National Insurance (Modification of Local Government Superannuation Schemes) Regulations 1969
Jurisdiction | UK Non-devolved |
Citation | SI 1969/793 |
1969 No. 793
SOCIAL SECURITY
The National Insurance (Modification of Local Government Superannuation Schemes) Regulations 19696thJune 1969
20thJune 1969
1stJuly 1969
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...
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