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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2005 No. 495

EDUCATION

The Teachers' Superannuation (Amendment) (No. 2) Regulations (Northern Ireland) 2005

  Made 10th November 2005 
  Coming into operation 5th December 2005 

The Department of Education, in exercise of the powers conferred on it by Article 11(1)[1], (2), (3), (3A)[2] and paragraphs 1, 3, 4, 5, 6, 8, 11 and 13 of Schedule 3 to the Superannuation (Northern Ireland) Order 1972[3] and of every other power enabling it in that behalf, and after consultation with representatives of local education authorities, and of teachers and with such representatives of other persons likely to be affected as required by Article 11(5) of that Order, and with the consent of the Department of Finance and Personnel[4], hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Teachers' Superannuation (Amendment) (No. 2) Regulations (Northern Ireland) 2005 and shall come into operation on 5th December 2005.

Amendment of the Teachers' Superannuation (Additional Voluntary Contributions) Regulations (Northern Ireland) 1996
    
2. The Teachers' Superannuation (Additional Voluntary Contributions) Regulations (Northern Ireland) 1996[5] shall be amended as provided by regulations 3 and 4.

     3. —(1) Regulation 2 shall be amended as provided by paragraphs (2) and (3).

    (2) In paragraph (1), after the definition of "child", there shall be inserted—

    (3) In paragraph (3), in the definition of "dependent" after "any surviving spouse", there shall be inserted "or surviving civil partner".

    
4. In regulation 11(2) for "regulation 75 of the Principal Regulations." there shall be substituted "regulation F1 or F1A of the Principal Regulations."

Amendment of the Teachers' (Compensation for Redundancy and Premature Retirement) Regulations (Northern Ireland) 1991
    
5. The Teachers' (Compensation for Redundancy and Premature Retirement) Regulations (Northern Ireland) 1991[6] shall be amended as provided by regulations 6 and 7.

     6. In regulation 2(2) after the definition of "child" there shall be inserted—

     7. —(1) Regulation 11 shall be amended as provided by paragraphs (2) and (3).

    (2) For paragraph (3), there shall be substituted—

    (3) After paragraph (4) there shall be added—

Amendment of the Teachers' Superannuation Regulations (Northern Ireland) 1998
    
8. The Teachers' Superannuation Regulations (Northern Ireland) 1998 shall be amended in accordance with regulations 9 to 47.

    
9. In regulation B3 in paragraph (1)(b), after "maternity" in each case there shall be inserted ", paternity or adoption".

    
10. —(1) Regulation C1 shall be amended as provided by paragraphs (2) to (5).

    (2) In paragraph (1)(a)(ii) after "maternity;" there shall be inserted ", paternity or adoption,".

    (3) In paragraph (2) after "maternity leave" there shall be inserted ", paternity leave".

    (4) In paragraph (6) after "adoption leave" there shall be inserted ", paternity leave".

    (5) In paragraph (11) after "adoption leave" there shall be inserted ", paternity leave".

    
11. In regulation C5, in paragraph (1), for "[date of commencement]" there shall be substituted "2nd November 1998".

    
12. In regulation C8, after paragraph (2), there shall be added—

     13. —(1) Regulation D1 shall be amended as provided by paragraphs (2) and (3).

    (2) In paragraph (1)(b) for "or F4(8) (receipt of transfer value)," there shall be substituted ", F4(8) (acceptance of transfer value) or F4A(3) (acceptance of transfer values as part of a bulk transfer),".

    (3) In paragraph (3)(b) after "maternity" there shall be inserted ", paternity or adoption".

    
14. In regulation D2, in paragraph (b), after "regulation F1 or" there shall be inserted "F1A or in respect of which".

    
15. —(1) Regulation E1 shall be amended as provided by paragraphs (2) to (5).

    (2) In paragraph (3)(c) after "his guaranteed minimum," the word "and" shall be omitted.

    (3) In paragraph (3)(d) for "the period so prescribed." there shall be substituted "the period so prescribed, and".

    (4) After paragraph (3)(d) there shall be inserted—

    (5) In paragraph (4) for "a widower's pension payable under paragraph (3)(d)" substitute "a widower's or surviving civil partner's pension payable under paragraph (3)(d or (e)".

    
16. After regulation E1 there shall be inserted the following regulation—

     17. —(1) Regulation E4 shall be amended as provided by paragraphs (2) to (5).

    (2) In paragraph (3) in the first line, after "Case B", the word "female" shall be omitted.

    (3) Paragraph (3)(c) shall be omitted.

    (4) Sub-paragraphs (d), (e), (f) and (g) of paragraph (3) shall be re-numbered (c), (d), (e) and (f) respectively.

    (5) Regulation E4(3) shall cease to have effect as from 31st August 2006.

    
18. In regulation E8(1), for sub-paragraph (a), there shall be substituted

     19. —(1) Regulation E11 shall be amended as provided by paragraphs (2) to (4).

    (2) In paragraph (2)(a) after "a surviving spouse" there shall be inserted ", surviving civil partner".

    (3) In paragraph (2)(b) after "spouse", in each place where that word occurs, there shall be inserted "or civil partner".

    (4) In paragraph (4) after "spouse" there shall be inserted "civil partner".

    
20. In regulation E19(1) for "E4(4)" there shall be substituted "E4(2), (4)".

    
21. After regulation E19 there shall be inserted the following regulation—

     22. —(1) Regulation E20 shall be amended as provided by paragraphs (2) to (8).

    (2) In paragraph (1) for "paragraph (6)" there shall be substituted "paragraphs (1A) and (6)".

    (3) At the end of paragraph (1)(c) the word "or" shall be inserted.

    (4) After paragraph (1)(c) there shall be inserted—

    (5) After paragraph (1) there shall be inserted—

    (6) In paragraph (6)(b) after "surviving spouse" there shall be inserted ", surviving civil partner".

    (7) In paragraph (7) for sub-paragraph (a) there shall be substituted—

    (8) In paragraph (7)(c) for "widow or widower" there shall be substituted "widow, widower or surviving civil partner,".

    
23. —(1) Regulation E21 shall be amended as provided by paragraphs (2) and (3).

    (2) In paragraph (6) for sub-paragraph (a) there shall be substituted—

    (3) In paragraph (6)(c) for "widow or widower" there shall be substituted "widow, widower or surviving civil partner".

    
24. —(1) Regulation E22 shall be amended as provided by paragraphs (2) to (4).

    (2) In paragraph (1) after "widowers," there shall be inserted "surviving civil partners,".

    (3) In paragraph (5) for sub-paragraph (a) there shall be substituted —

    (4) In paragraph (6) after "while he is unmarried" there shall be inserted "or not a civil partner".

    
25. —(1) Regulation E23 shall be amended as provided by paragraphs (2) to (4).

    (2) In paragraph (1) for "an unmarried person" there shall be substituted "a person who is not married or is not a civil partner".

    (3) For paragraph (3) there shall be substituted—

    (4) In paragraph (4) for sub-paragraphs (a) and (b) there shall be substituted —

     26. —(1) Regulation E24 shall be amended as provided by paragraphs (2) to (4).

    (2) In paragraph (2)(a) after "surviving spouse" there shall be inserted "or surviving civil partner".

    (3) For paragraph (3) there shall be substituted —

    (4) In paragraph (4)(c) after "surviving spouse" there shall be inserted ", surviving civil partner".

    
27. —(1) Regulation E25 shall be amended as provided by paragraphs (2) to (4).

    (2) In paragraph (1)(a) after "maternity" there shall be inserted ", paternity or adoption".

    (3) In paragraph (2) after "surviving spouse" in both places where those words occur there shall be inserted "or surviving civil partner".

    (4) In paragraph (3) and the Table after "spouse" in both places where those words occur there shall be inserted ", civil partner".

    
28. For regulation E26 there shall be substituted the following regulation—

     29. —(1) Regulation E27 shall be amended as provided by paragraphs (2) to (5).

    (2) In paragraph (1) for "In the case of a man, and in the case of a woman in relation to a nominated beneficiary or a widower on whose marriage to her a nomination ceased to have effect," there shall be substituted "Where the deceased is a man who is survived by a widow or by a nominated beneficiary in respect of whom the conditions in regulation E26(5) are satisfied, and where the deceased is a woman who is survived by a nominated beneficiary in respect of whom the conditions in regulation E 26(5) are satisfied or by a widower for whose benefit the deceased revoked a nomination which would otherwise have had effect or on whose marriage to her a nomination ceased to have effect, the deceased's".

    (3) In paragraph (2) for "in relation to a widower" there shall be substituted "Where the deceased is a woman who is survived by a widower".

    (4) After paragraph (2) there shall be inserted—

    (5) In paragraph (3) at the end the full stop shall be omitted and there shall be added "or any period in respect of which a transfer value or cash equivalent has been paid by the Department under these Regulations".

    
30. —(1) Regulation E28[9] shall have a new heading "Amount of surviving spouse's, surviving civil partner's or nominated beneficiary's long-term pension" and that regulation shall be amended as provided by paragraphs (2) to (8).

    (2) In paragraph (1) after "surviving spouse" there shall be inserted ", surviving civil partner".

    (3) In paragraph (2A) after "surviving spouse" there shall be inserted ", surviving civil partner".

    (4) In paragraph (3) at the end the full stop shall be omitted and there shall be added "or any period in respect of which a transfer value or cash equivalent has been paid by the Department under these Regulations".

    (5) In paragraph (4) after "widower" there shall be inserted "for whose benefit the deceased revoked a nomination which would otherwise have had effect or".

    (6) After paragraph (6)(b) there shall be inserted —

    (7) After paragraph (7) there shall be inserted —

    (8) In paragraph (9) for "paragraphs (3) to (7)" in both places where those words occur there shall be substituted "paragraphs (3) to (5), (7) and (7A)".

     31. —(1) Regulation E29 shall be amended as provided by paragraphs (2) to (8).

    (2) In paragraph (1) for "paragraphs (3) to (6)" there shall be substituted "paragraphs (1A) and (3) to (5)".

    (3) In paragraph (1)(a) after "surviving spouse" there shall be inserted ", surviving civil partner".

    (4) After paragraph (1) there shall be inserted —

    (5) In paragraph (3) for "paragraphs (4) to (6)" there shall be substituted "paragraphs (4) and (5)".

    (6) In paragraph (3)(c) for "what would have been his family benefit service if regulation E28(4) had applied ("the notional family benefit service")" there shall be substituted "the notional family benefit service".

    (7) In paragraph (5) for "C is the notional family benefit service," there shall be substituted "C is the sum of the notional family benefit service and the additional family benefit period,".

    (8) After paragraph (6) there shall be added—

     32. —(1) Regulation E30 shall be amended as provided by paragraphs (2) to (5).

    (2) In paragraph (1) after "surviving spouse" there shall be inserted ", surviving civil partner".

    (3) For paragraph (3) there shall be substituted —

    (4) After paragraph (3) there shall be inserted —

    (5) In paragraph (4)(a) after "surviving spouse" there shall be inserted ", surviving civil partner".

    
33. —(1) Regulation E31 shall be amended as provided by paragraphs (2) and (3).

    (2) In paragraph (3)(c) for "a transfer value has been received" there shall be substituted "a transfer value has not been paid".

    (3) In paragraph (7)(a) after "maternity" there shall be inserted ", paternity or adoption".

    
34. —(1) Regulation E33 shall be amended as provided by paragraphs (2) and (3).

    (2) In paragraph (4) after "paragraphs" there shall be inserted "(4A) and".

    (3) After paragraph (4) there shall be inserted —

     35. After regulation F1 there shall be inserted the following regulation—

     36. —(1) Regulation F2 shall be amended as provided by paragraphs (2) and (3).

    (2) In paragraph (2)(a) after "(receipt of transfer value)" there shall be inserted "or F4A(3) (acceptance of transfer values as part of a bulk transfer)".

    (3) In paragraph (3) after "regulation F4" there shall be inserted "or F4A".

    
37. In regulation F3, in paragraph (a) after "regulation F1" there shall be inserted "or F1A".

    
38. —(1) Regulation F4 shall be amended as provided by paragraphs (2) and (3).

    (2) In paragraph (1) after "Subject to paragraphs (2) to (6)" there shall be inserted "and to regulation F4A".

    (3) For paragraph (5) there shall be substituted —

     39. After regulation F4 there shall be inserted the following regulation—

     40. In regulation G2[10], in paragraph (4)(b), for "regulation F4" there shall be substituted "regulations F4 and F4A".

     41. In regulation G3, in paragraph (d), after "regulation F1" there shall be inserted "or F1A".

    
42. In regulation H2, in paragraph (1)(g), after "maternity" there shall be inserted ", paternity or adoption".

    
43. —(1) Regulation I6[11] shall be amended as provided by paragraphs (2) and (3).

    (2) For paragraph (5)(a) there shall be substituted —

    (3) In paragraph (5)(c) for "widow or widower" there shall be substituted "widow, widower or surviving civil partner".

     44. In Schedule 1, the following definitions shall be added at the appropriate places in alphabetical order—

""Adoption leave" Adoption leave within the meaning of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002[12];
"Civil partnership" A civil partnership which exists under or by virtue of the Civil Partnership Act 2004[13] (and any reference to a civil partner is to be read accordingly);
"Maternity leave" Leave within the meaning of Part II of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999[14];
"Parental leave" Leave within the meaning of Part III of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999;
"Paternity leave" Paternity leave within the meaning of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002;
"Pensions Act" Pensions Schemes (Northern Ireland) Act 1993[15];
"Section 5(2B) Rights" Rights (other than rights attributable to voluntary contributions within the meaning of section 107 of the Pensions Act) which are attributable to an earner's service (within the meaning of sections 3, 4 and 112 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[16]) on or after 6th April 1997 in employment which is contracted out in accordance with section 5(2B) of the Pensions Act;
"Taxes Act" The Income and Corporation Taxes Act 1988[17]."


    


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