
1 

(1) These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 31st May 2010.
(2) In these Regulations—
 “the 2002 Regulations” means the Local Government Pension Scheme Regulations (Northern Ireland) 2002; and
 “the 2009 Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009.
2 
The amendments in—
(a) regulations 4 to 6 shall have effect from 30th November 2007; and
(b) regulation 7 shall have effect from 1st April 2009.
3 
Regulations 4 to 6 have effect in relation to the 2002 Regulations to the extent that the 2002 Regulations continue in force by virtue of the Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009.
4 
In regulation 10 (length of period of membership: calculation of benefit)—
(a) for paragraph (4) substitute—“
(4) The numerator of that fraction is the number of contractual hours during the part-time service and, subject to paragraphs (4A) and (4B), its denominator is the number of contractual hours of that employment if it were a whole-time basis.
(4A) In the case of a qualifying member, the denominator is—
(a) for the calculation of any benefits for any period between 1 January 1995 and 30th November 2007, 32.5 hours; and
(b) for the calculation of any benefits for any period thereafter, the number of contractual hours of that employment if it were on a whole-time basis.
(4B) In the case of a newly qualifying member paragraph (4A) applies as if for “30th November 2007” there was substituted “6th February 2009”.”; and
(b) after paragraph (5) insert—“
(6) In this regulation and regulation 19—
 “the Agreement” means the Collective Agreement for the Joint Negotiating Council of the Education and Library Boards dated 30th November 2007;
 “newly qualifying member” means a member who is employed as a classroom assistant by a voluntary grammar school or a grant maintained integrated school within the meaning of the Education Reform (Northern Ireland) Order 1989;
 “qualifying member” means a member who was party to the agreement;”.
5 
In regulation 19 (calculations)—
(a) in paragraph (1) at the beginning insert “Subject to paragraphs (10) to (13)”; and
(b) after paragraph (9) insert—“
(10) In the case of a qualifying member, the amount of benefit payable in respect of any period between 1st January 1995 and 30th November 2007 is calculated by multiplying his interim pay by the appropriate multiplier.
(11) The appropriate multiplier is x80 where “x” represents the qualifying member’s membership between 1st January 1995 and 30th November 2007 calculated in accordance with regulation 10.
(12) In the case of a qualifying member, the amount of benefit payable for any period between 1st January 1995 and 30th November 2007 is calculated in accordance with paragraph (1) and (2) but as if for the words “the member’s total membership” in paragraph (2) there were substituted “the member’s membership from 30th November 2007”.
(13) In this regulation interim pay means the final pay that would have been for a single comparable employment with a weekly contract of 32.5 hours.
(14) In the case of a newly qualifying member, paragraphs (10) to (13) apply as if for each reference to “30th November 2007” there was substituted “6th February 2009”.”.
6 
In regulation 22(3) (final pay) at the beginning insert “Subject to regulation 19(10) to (13)”.
7 
In regulation 8(3) (final pay: general) of the 2009 Regulations at the beginning insert “Subject to regulation 19(13) of the 2002 Regulations”.
Sealed with the Official Seal of the Department of the Environment on 22nd April 2010.
Wesley Shannon
A senior officer of the Department of the Environment
