- additional voluntary contributions provision
means a provision of an occupational pension scheme approved by the Commissioners of Inland Revenue under section 591 of the Income and Corporation Taxes Act 1988 (which provides for the payment by employees of voluntary contributions);
- additional voluntary contributions scheme
means a scheme approved by the Commissioners of Inland Revenue under that section, to which an employer is not a contributor and which provides benefits additional to those provided by an occupational pension scheme.
- an excepted coroner
means—
- appropriate pension fund
means—
- appropriate proportion
means the proportion which the person’s contractual hours of employment as at the relevant date (within the meaning of paragraph 2 of Schedule 4A to the 1986 regulations) bears to the contractual hours of a comparable whole-time employment as at that date.
- appropriate transfer sum
means the aggregate—
- benefit
includes a return of contributions and for the purposes of paragraph (2) (but not for paragraph (1) it includes a benefit specified in regulation F6(12) or (16) of the 1986 regulations.
- capitalised value
means the capitalised value at the material date as determined by the fund authority, in such manner as may be approved by the Government Actuary or by an actuary authorised by him to act on his behalf for that purpose, having regard to investment conditions and the contingencies on which benefits are, or are to be, payable under these regulations.
- child
means a person who—
- City of London employing body
means—
- Class A member
means a member who— (a) became a member on or after 1st June 1989 and is not to be treated as a Class B member of Class C member by virtue of sub-paragraph (2);
- Class B member
means a member who— (a) became a member on or after 17th March 1987 and before 1st June 1989;
- Class C member
means a member who— (a) became a member before 17th March 1987 or is to be treated as a Class C member by virtue of sub-paragraph (2);
- club scheme
means an occupational pension scheme which—
- Communities scheme
means the pension scheme provided for officials and other servants of the Communities in accordance with regulations adopted by the Council of the European Communities.
- Community institution
includes a body treated as one of the Communities' institutions for the purposes of the Communities' scheme.
- companies
includes companies established under the law of any territory outside the United Kingdom;
- employee
means an employee whether permanent or temporary;
- European authorised institution
has the same meaning as in the Banking Co-ordination (Second Council Directive) Regulations 1992;
- excluded member
means a member whose pensionable remuneration in the first year of his employment during which he is a member does not exceed one quarter of the permitted maximum for the purposes of section 590C of the Income and Corporation Taxes Act 1988 (earnings cap) for the year or assessment in which that first year ends);
- final relevant year
has the meaning given in section 16(5) of that Act.
- fund authority
means— (a) in the application of regulations K2 to K12 to a person, the body maintaining the pension fund to which he was a contributor immediately before he ceased to be employed in his local government employment or, if that fund has been closed, the body which would be liable to pay him his pension in respect of that employment if he had been entitled to receive payment of such a pension when he ceased to be employed in his local government employment, and (b) in the application of regulations K13 to K19 to a person, the body maintaining the pension fund to which he became a contributor after he ceased to be employed in his non-local government employment or, if that fund has been closed— (a) if when the fund was closed he was not employed in local government employment, the body which would be liable to pay him his pension in respect of the local government employment in question if he had been entitled to receive payment of such a pension when he ceased to be employed in that employment;
- Health Service regulations
means the National Health Service (Superannuation) Regulations 1961 to 1973 as in force immediately before 1st April 1974;
- insurance company
means— (a) a body authorised under section 3 or 4 of the Insurance Companies Act 1982 to carry on long term business, (b) an EC Company which is lawfully carrying on long term business, or providing long term insurance, in the United Kingdom, or (c) a friendly society within the meaning of the Friendly Societies Act 1992 (including any society which is to be treated as a registered friendly society by virtue of section 96(2) of that Act), and expressions used in paragraph (a), or (b) have the meanings given in the Insurance Companies Act 1982;
- investment manager
means—
- latest retirement age
means that age and “LRD” means the date by which he attains that age.
- limited partner
means a person who is not liable for the debts or obligations of a partnership beyond the amount contributed at the time of entering into that partnership;
- listed securities
means securities quoted on a recognised stock exchange and “unlisted securities” shall be construed accordingly;
- local government employment
means local government employment of which at least part was employment after that date;
- LRD
means the date by which he attains that age.
- manual worker
means an employee who is not an officer.
- member
includes a former member;
- member of the Scheme
has the same meaning as in the Local Government Pension Scheme Regulations 1995”.
- money purchase benefits
has the same meaning as in the Pension Schemes Act 1993;
- new employing body
means the body which has become the employing authority in relation to a person so transferred or appointed;
- new employment
means employment to which a person has been so transferred or appointed;
- normal retirement age
means his age at the commencement of his NRD.
- officer
means an employee whose duties are wholly or mainly administrative, professional, technical or clerical;
- partnership
means a partnership whose purpose is to invest in shares in or securities of companies which at the date of purchase by the partnership are normally not quoted on a recognised stock exchange;
- payment period
means a period of service to which the employee’s payment of wages or salary relates.
- pension equivalent
has the meaning given in regulation 5(5)(b) of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993;
- pension policy
means a contract entered into on behalf of the member by the appropriate administering authority with an insurance company for the payment by the company of pension benefits to the intended recipients of those benefits which are in addition to those payable under Parts D to G;
- period of maternity absence
means any period throughout which a woman—
- preserved benefits
means preserved benefits of which at least part are attributable to a period of membership after that date.
- presumed termination date
means—
- proper advice
means the advice of a person who is reasonably believed by the administering authority to be qualified by his ability in and practical experience of financial matters (including where appropriate an officer of theirs);
- proportionately reduced
means reduced in the proportion which the number of contractual hours during the period of part-time service in the employment, bears to the number of contractual hours of that employment if it were on a whole-time basis.
- recognised stock exchange
has the meaning given in section 841(1) of the Income and Corporation Taxes Act 1988;
- relevant beneficiaries
means the member or members in respect of whom the transfer payment is made and those persons who under these regulations are or may become entitled to benefit through him or them.
- relevant benefit
means a benefit payable to, or in respect of, a person who before the commencement date— (a) ceased to hold an employment in respect of which he was a member (whether or not he has subsequently become a member again);
- relevant body
means— (a) a person for the time being operating a scheme which is an approved scheme (within the meaning of section 612 of the Income and Corporation Taxes Act 1988) and provides benefits in relation to persons who have paid contributions to it which are in addition to those provided in relation to those persons under an occupational pension scheme, or (b) a building society within the meaning of the Building Societies Act 1986.
- relevant contribution period
means a period which—
- relevant former service
means service which the person was entitled to count as reckonable service before 6th April 1988.
- relevant Scottish employment
means—
- relevant service
means service (other than for the purposes of training only)— and paragraph (b) applies whether or not the obligation or undertaking is legally enforceable, but not in the case of an obligation or undertaking—
- reserve or auxiliary force
means the whole or part of the Royal Navy Reserve (including the Royal Fleet Reserve), the royal Marines Reserve, the Territorial Army, the Army Reserve, the Air Force Reserve the Royal Air Force Volunteer Reserve or the Royal Auxiliary Air Force;
- retirement pension
includes an annual pension under the former regulations and a retirement pension under the 1974 regulations or the 1986 regulations.
- securities
includes shares, stock and debentures;
- service
means service or employment with any employer;
- service pensioner
means a person in receipt of a pension (other than a pension awarded in respect of disablement) granted—
- single holding
means investments— (a) in securities of, or in loans to or deposits with, any one body, other than investments in unit trust schemes, (b) in units or other shares of the investments subject to the trust of any one unit trust scheme, (c) in the acquisition, development or management or in any advance of money upon the security of any one piece of land, or (d) in the acquisition of any one chattel;
- specified birthday
means the birthday specified in accordance with regulation C16(1).
- standard retirement grant
means a lump sum of an amount equal to three eightieths of his pensionable remuneration, multiplied by the length in years of his total period of membership.
- standard retirement pension
means a pension payable at an annual rate equal to one eightieth of his pensionable remuneration, multiplied by the length in years of his total period of membership;
- state scheme premium
has the same meaning as in the Pension Schemes Act 1993.
- stocklending arrangement
means an arrangement such as is mentioned in section 129(1) or (2) of the Income and Corporation Taxes Act 1988 and such an arrangement is a permitted arrangement if it complies with the provisions of regulation 5.58 and 5.60 of Section L of the Financial Services (Regulated Schemes) Regulations 1991, taking— (a) the reference in paragraph 1c(iii) of regulation 5.58 to Guidance of the Board as a reference to Guidance Release 4/91 issued by the Securities and Investments Board in June 1991, and (b) any reference to the trustee as a reference to the administering authority;
- subsidiary
has the meaning given in section 82(1) of that Act.
- surplus funds
has the meaning given in regulation 6 of those regulations.
- the appropriate date
means—
- the appropriate day
means—
- the appropriate fraction
means the fraction of which— • “proportionately reduced” means reduced in the proportion which the number of contractual hours during the period of part-time service in the employment, bears to the number of contractual hours of that employment if it were on a whole-time basis.
- the appropriate percentage
means the percentage shown in the appropriate column in the following Table.
- the appropriate period
means—
- the appropriate proportion
means the proportion which the period during which the member has been in the employment of the employing authority bears to the period during which the member would have been in that employment if he had remained in it until his NRD (within the meaning of regulation C3(1)).
- the appropriate rate
means nine per cent. per annum with yearly rests on 31st March.
- the common percentage
means the common rate of employer’s contribution specified under regulation L11, expressed as a percentage.
- the contractual hours
means— (a) the number of hours the employing authority are entitled to require the employee to work in each of the contractual weeks, or (ii) if there is a cyclical variable in those hours, the average of those hours over the cycle;
- the contractual weeks
means the number of weeks in every period of 12 months for which (on that assumption) a wage or salary is payable to the employee.
- the indexed training rate
means the annual rate at which an official pension (within the meaning of the Pension (Increase) Act 1971) would for the time being be payable if it had begun on 1st April 1994 and had then been payable at an annual rate of £1,450.
- the last employing authority
has the same meaning as in paragraph 1(2) of Schedule 3 to the 1971 Act, except that in its application to a pension which has become payable to or in respect of a person in relation to service with— it means that body.
- the local Act superannuation fund
has the same meaning as in the Local Government Superannuation (City of London) Regulations 1977.”
- the Manchester pension fund
means the pension fund maintained immediately before 1st April 1974 by the Manchester City Council for the officers and servants of the Manchester Corporation;
- the Manchester pension provisions
means the provisions of the enactments, and of the schemes and other instruments in force under them immediately before 1st April 1974, relating to the Manchester pension fund (including the provisions of the Acts of 1937 to 1953 and of any relevant instruments under them so far as applicable to that fund).
- the material date
means— whichever is later.
- the potential receipts during the new employment
means the sum of—
- the relevant assumptions
means that there is—
- the relevant date
means—
- the relevant deductions
means the sum of—
- the relevant fund
means the pension fund out of which the benefits are payable.
- the relevant period
means—
- the request date
means the date when the fund authority are requested to accept the transfer value;
- the revoked instruments
means the statutory instruments revoked by these regulations.
- the transfer date
means—
- total period of membership
has the meaning given in regulation B14, except that it also includes any additional period of membership which the member has been treated as being entitled to count for the purposes of regulation D7 (enhancement in cases of retirement on grounds of ill-health) or any corresponding earlier provision.
- trade dispute
has the meaning given by section 218 of the Trade Union and Labour Relations (Consolidation) Act 1992.
- traded option
means an option which is for the time being quoted on a recognised stock exchange or on the London International Financial Futures Exchange.
- transferred employee
means— (a) a person transferred on or after 1st April 1974— (a) by or under an order made under section 84 of the London Government Act 1963 or an agreement made under section 24(7) of that Act;
- undertaking
has the same meaning as in the Transfer of Undertakings (Protection of Employment) Regulations 1981.
- Water Act Company
means—