National Insurance (Modification of Local Government Superannuation Schemes) No. 2 Regulations, 1961
| Jurisdiction | UK Non-devolved |
| Citation | SI 1961/405 |
1961 No. 405
NATIONAL INSURANCE
The National Insurance (Modification of Local Government Superannuation Schemes) No. 2 Regulations, 19618thMarch 1961
14thMarch 1961
3rdApril 1961
Whereas the Treasury has determined, under subsection (4) of section 69 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, or a local Act:
Now, therefore, the Minister of Housing and Local Government, in exercise of the powers conferred on him by the said subsection (4) as extended by section 15 of the National Insurance Act, 1959(b), subsection (3) of section 22 and subsection (6) of section 36 of the Local Government Superannuation Act, 1937(c), and of all other powers enabling him in that behalf, hereby makes the following regulations:—
PART I—GENERAL
Citation and Commencement
1. These regulations may be cited as the National Insurance (Modification of Local Government Superannuation Schemes) No. 2 Regulations, 1961, and shall come into operation on the 3rd day of April, 1961.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires:—
"the Act of 1946" means the National Insurance Act, 1946;
"the Act of 1959" means the National Insurance Act, 1959;
"the Act of 1937" means the Local Government Superannuation Act, 1937;
"the Act of 1953" means the Local Government Superannuation Act, 1953(d);
"the Acts of 1937 to 1953" means the Local Government Superannuation Acts, 1937 to 1953;
"the benefits regulations" means the Local Government Superannuation (Benefits) Regulations, 1954(e);
"the regulations of 1947" means the National Insurance (Modification of Local Government Superannuation Schemes) Regulations, 1947(f);
"the appointed day" means the third day of April, 1961;
(a) 9 & 10 Geo. 6. c. 67.
(b) 7 & 8 Eliz. 2. c. 47.
(c) 1 Edw. 8 & 1 Geo. 6. c. 68.
(d) 1 & 2 Eliz. 2. c. 25.
(e) S.I. 1954/1048 (1954 II, p. 1595).
(f) S.I. 1947/1245 (Rev. XVI, p. 273: 1947 I, p. 1498).
"contributory employee" has the same meaning as in the Act of 1937 and includes a person deemed to be a contributory employee;
"contributing service", "non-contributing service" and "local Act scheme" have the same meanings respectively as they have in the Act of 1937;
"local Act contributor" has the same meaning as in the Act of 1937 and includes a person deemed to be a local Act contributor;
"non-participating employment" has the meaning assigned to it by subsection (2) of section 7 of the Act of 1959;
"participating employment" means in relation to any period which is reckonable as service for the purposes of the Acts of 1937 to 1953 or as service or as a period of contribution for the purposes of a local Act scheme any employment in which a person is required to pay graduated contributions under the Act of 1959, or would be required to pay such contributions if the amount paid in any income tax week on account of his remuneration exceeded the amount first mentioned in paragraph (b) of subsection (1) of section 1 of that Act, but the expression does not include any period of employment on National Service in respect of which contributions are paid under the Superannuation (Local Government Staffs) (National Service) Rules, 1946 to 1954 if immediately prior to entering National Service the person was in non-participating employment;
"the transfer value regulations" means the Local Government Superannuation (Transfer Value) Regulations, 1954(a);
"retirement benefit" has the meaning assigned to it by regulation 24 of the benefits regulations, and includes any similar benefit payable under a local Act scheme;
"retiring remuneration" means in relation to a retirement benefit, the remuneration on which that benefit is calculated or, if the retirement benefit is not calculated by reference to remuneration, the annual average of the person's remuneration for the purposes of the relevant superannuation scheme during the period of three years ending with the last day of his service.
(2) References in these regulations to the provisions of any enactment, scheme 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 or regulation, 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(b), shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
Modification of Acts, Schemes, etc.
3. The Acts of 1937 to 1953 and any scheme, rules or regulations for the time being in force thereunder, any local enactment relating to the contributory employees of a particular local authority and any local Act scheme shall, as from the appointed day, have effect subject to the modifications contained in these regulations.
(a) S.I. 1954/1212 (1954 II, p. 1723).
(b) 52 & 53 Vict. c. 63.
PART II—MODIFICATION OF CONTRIBUTIONS AND CERTAIN OTHER PAYMENTS
Reduction of Contributions
4. Subject to the provisions of these regulations, the amount of the contributions payable under the relevant enactment or scheme by a contributory employee or local Act contributor in respect of any period of participating employment, shall be reduced by an amount calculated at whichever of the rates specified in paragraphs (a) or (b) hereunder is the greater, that is to say:—
(a) a rate equivalent to one per cent per annum of his remuneration as ascertained for the purposes of that enactment or scheme or, if his remuneration is at a rate exceeding seven hundred and eighty pounds per annum, the rate of seven pounds sixteen shillings per annum; or
(b) (i) in the case of any man, or a female nurse, female physiotherapist, midwife or health visitor, to whom regulation 21 or 22 of the benefits regulations applies, or a person to whom the said regulations apply with the modifications provided in regulation 23 thereof, or a person subject to provisions corresponding to the said regulation 23 contained in a local Act scheme, or a scheme under the Act of 1937, or the Act of 1953, the rate of three pounds and eightpence per annum; or
(ii) in the case of a female other than one mentioned in the last foregoing sub-paragraph, the rate of three pounds five shillings per annum
Persons not Subject to the Regulations of 1947
5. In any case where by virtue of regulation 9, 9A or 10 of the regulations of 1947, regulation 3 of the National Insurance (Modification of Local Government Superannuation Schemes) (Amendment) Regulations, 1954(a), or otherwise the contributions payable by a contributory employee or local Act contributor are not for the time being subject to reduction in connection with the passing of the Act of 1946, there shall be deducted from the amount by which the contributions payable by that person are to be reduced under the last foregoing regulation an amount calculated at the rate of three pounds and eightpence per annum if the person belongs to any class mentioned in sub-paragraph (i) of paragraph (b) of that regulation, or three pounds five shillings per annum if the person belongs to the class mentioned in sub-paragraph (ii) of the said paragraph (b).
Persons Subject to Existing Schemes
6. If the contributions payable by any contributory employee or local Act contributor would apart from these regulations be subject to reduction under regulation 9 or regulation 11 of the regulations of 1947, the rate by which the contributions payable by that person are to be reduced under regulation 4 of these regulations shall be reduced as provided in the last foregoing regulation, and increased by the amount by which the contributions payable by that person are required to be reduced under the said regulation 9 or regulation 11, as the case may be.
Exclusion of Existing Provisions for Reduction
7. So long as the contributions payable by any person are subject to reduction under this part of these regulations, the contributions shall not be subject to reduction under regulations 3, 4, 9 or 11 of the regulations of 1947.
(a) S.I. 1954/1207 (1954 I, p. 1408).
Persons in Part-Time Employment
8.—(1) Where a person whose contributions are subject to reduction under this part of these regulations is a contributory employee or a local Act contributor in the employment of two or more authorities, regulation 4, 5 or 6, as the case may be, shall apply to him only in relation to his employment under the authority which is treated as his employer for the purposes of the Act of 1946.
(2) This part of these regulations shall not apply to any contributory employee or local Act contributor in the part-time employment of one or more authorities if he is also employed in other employment in which he is not a contributory employee or local Act contributor and his employer in that other employment is treated as his employer for the purposes of the Act of 1946.
Payments for Added Years and Additional Contributory Payments
9.—(1) Where a contributory employee or local Act contributor whose contributions are subject to reduction under this part of these regulations commences to make payments by way of additional contributions in respect of years added under regulation 12 of the benefits regulations or for the like purpose under any local Act scheme, consent to the making of such contributions having been given on or after the appointed day, those payments shall not be subject to reduction under regulation 31 of the benefits regulations or under any local Act scheme, but shall be reduced throughout the period for which they are payable in accordance with the provisions...
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