The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010

• (a) after paragraph (j) add—

(k) “Health and Social Care Trust (HSC Trust)” established under section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009[^f00014]; (l) “Regional Health and Social Care Board (RHSCB)” established under section 7(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009; (m) “Regional Business Services Organisation (RBSO)” established under section 14(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009; (n) “Patient and Client Council (PCC)” established under section 16(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009; (o) “Regional Agency for Public Health and Social Wellbeing (RAPHSW)” established under section 12(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009

• (b) Omit the definitions at paragraphs (a), (b) and (c).

• (4) Omit the definition of “capped transferred-in service” and “HPSS Superannuation Scheme 1995”.

• (5) For the definition of—

• (a) “the Scheme”, substitute ““the Scheme” means the Health and Social Care Pension Scheme as set out in these regulations and the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995;”;

• (b) “host Board” substitute—

• “host Board”— in respect of a person who is a registered medical practitioner or non-GP provider who is— a partner in a partnership that is a GMS practice, a partner in a partnership that is an APMS contractor that has entered into an APMS contract for the provision of primary medical services, a shareholder in a company limited by shares that is a GMS practice or an APMS contractor that has entered into an APMS contract for the provision of primary medical services, an individual who is a GMS practice or an APMS contractor, means the Regional Health and Social Care Board (RHSCB), and such a person shall be deemed to be employed by the RHSCB for the purposes of this Part, except for where regulation 164(5) or (6) applies; in respect of a dentist performer, means the RHSCB;

Amendment of regulation 139

57

In paragraph (1) of regulation 139 (Meaning of “pensionable service”) after sub-paragraph (c), add—

• ; and any period of pensionable service the member is entitled to count under Chapter 10 of this Part.

Amendment of regulation 141

58

After paragraph (1)(e) of regulation 141 (Meaning of “qualifying service”) add—

• ; and in the case of a 2008 Section Optant, any period of qualifying service the member is entitled to count under Chapter 10 of this Part.

Amendment of regulation 143

59

After paragraph (9) of regulation 143 (Meaning of “pensionable earnings”), add—

(10) The pensionable earnings of a principal practitioner include the amount of any pensionable earnings the practitioner is entitled to count under Chapter 10 of this Part.

Omission of regulation 147

60

Omit regulation 147 (Restriction on pensionable earnings used for calculating benefits in respect of capped transferred-in service).

Amendment of regulation 149

61

After paragraph (4) of regulation 149 (Meaning of pensionable earnings in relation to other practitioners), add—

(5) The pensionable earnings of an assistant practitioner or a locum practitioner, include the amount of any pensionable earnings the practitioner is entitled to count under Chapter 10 of this Part.

Amendment of regulation 153

62

• (1) Paragraph (3) of Regulation 153 (Eligibility: general) is amended as provided by paragraphs (2) and (3).

• (2) In sub-paragraph (a), omit “and meets any one of the other Scheme conditions in paragraph (5)”.

• (3) After sub-paragraph (b), insert (as full out words) “and meets any one of the other Scheme conditions (see paragraph (5)).”.

New regulation 153A

63

After regulation 153 (Eligibility: general), insert—

(153A) (1) A person is eligible to be an active member of this Section of the Scheme if— (a) the Department has accepted that person’s option to join this Section of the Scheme under Chapter 10 of this Part; and (b) that person is not prevented by regulation 154 or 158 from doing so. (2) If a person referred to in paragraph (1)— (a) is entitled to a tier 1 ill-health pension under regulations 13A(3)(a) of the 1995 Regulations (Ill-health pension on early retirement); and (b) as the result of a determination made by the Department under regulation 13B(3) of those Regulations, that person becomes entitled to a tier 2 ill-health pension in place of that tier 1 ill-health pension, that person shall cease to be eligible to be an active member of this Section of the Scheme from the date the Department makes that determination.

Amendment of regulation 165

64

After paragraph (8) of regulation 165 (Member’s option to pay additional periodical contributions to purchase additional pension), add—

(9) In the case of a 2008 Section Optant, this regulation is subject to regulation 260D.

Amendment of regulation 167

65

After paragraph (6) of regulation 167 (Member’s option to pay lump sum contribution to purchase additional pension), add—

(7) In the case of a 2008 Section Optant, this regulation is subject to regulation 260D.

Amendment of regulation 168

66

After paragraph (5) of regulation 168 (Payment of additional lump sum contributions by employing authority), add—

(6) In the case of a 2008 Section Optant, this regulation is subject to regulation 260D.

Amendment of regulation 171

67

• (1) Regulation 171 (Effect of payment of additional contributions under this Chapter) is amended as provided by paragraphs (2) and (3).

• (2) In paragraph (3), after—

• (a) “Chapter 4” insert “or Chapter 10 of this Part”;

• (b) “180” insert “and 260Q”.

• (3) After paragraph (10), add—

(11) In the case of a 2008 Section Optant, this regulation is subject to regulation 260D.

Amendment of regulation 173

68

After paragraph (5) of regulation 173 (Effect of part payment of periodical contributions), add—

(6) In the case of 2008 Section Optant, this regulation is subject to regulation 260D.

Amendment of regulation 176

69

After paragraph (6) of regulation 176 (Normal retirement pensions), add—

(7) In the case of 2008 Section Optant, this regulation is subject to regulation 260K.

Amendment of regulation 178

70

After paragraph (4) of regulation 178 (Late payment of pension with actuarial increase), add—

(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 260Q.

Amendment of regulation 179

71

After paragraph (4) of regulation 179 (Early payment of pension with actuarial reduction), add—

(5) In the case of 2008 Section Optant, this regulation is subject to regulation 260K.

Amendment of regulation 180

72

After paragraph (8) of regulation 180 (Partial retirement: members aged at least 55), add—

(9) In the case of 2008 Section Optant, this regulation is subject to regulation 260K.

Amendment of regulation 182

73

• (1) Regulation 182 (Early retirement on ill-health (active members and non-contributing members)) is amended as provided by paragraphs (2) to (4).

• (2) For paragraph (5)(b), substitute—

(b) is not increased by the enhancement period in the circumstances referred to in (a) if— (i) the member’s pensionable service before and after the break is treated separately under regulation 237, or (ii) the member’s pensionable service in respect of an earlier service credit is treated separately under regulation 260G.

• (3) In paragraph (17) for the definition of “permanently”, substitute—

• “permanently” means— the period until age 65; and in the case of a 2008 Section Optant who, before joining this Section of the Scheme, was assessed by a medical adviser as being— permanently incapable of efficiently discharging their duties for the purposes of regulation 13A(2)(b)(i) of the 1995 Regulations (Ill-health pension on early retirement), that Optant shall be deemed to be permanently incapable of discharging the duties of the Optant’s employment efficiently for the purposes of paragraph (2)(a), permanently incapable of regular employment of like duration for the purposes of regulation 13A(2)(b)(ii) of the 1995 Regulations, that Optant shall be deemed to be permanently incapable of engaging in regular employment of like duration for the purposes of paragraph (3)(a);

• (4) After paragraph (17), add—

(18) In the case of a 2008 Section Optant, this regulation is subject to regulations 260K, 260M to 260P and 260R.

Amendment of regulation 183

74

• (1) Regulation 183 (Re-assessment of entitlement to an ill-health pension determined under regulation 182) is amended as provided by paragraphs (2) and (3).

• (2) For paragraph (2), substitute—

(2) A member to whom a notice under paragraph (1)(b) has been given may apply to the Department for a review of whether the member subsequently meets the condition in regulation 182(3)(a) if— (a) the member makes the application in writing— (i) within three years of the date of issue of the notice, or (ii) in the case of a member who engages in further HSC employment during the period of three years referred to in paragraph (1)(b), before the first anniversary of the day on which that employment commences or, if sooner, before the end of that period; (b) the application for a review is accompanied by further written medical evidence— (i) relating to whether the condition in regulation 182(3)(a) is satisfied at the date of the Department’s review, and (ii) that evidence relates to the same physical or mental impairment as a result of which the member met the condition in regulation 182(2)(a); (c) no previous application for a review has been made under this paragraph; and (d) the member has not become entitled to a tier 2 ill-health pension in respect of any later service under regulation 240.

• (3) After paragraph (3), add—

(4) In the case of a 2008 Section Optant, this regulation is subject to regulations 260O and 260P.

Amendment of regulation 184

75

After paragraph (9) of Regulation 184 (Early retirement on ill-health (deferred members), add—

(10) In the case of a 2008 Section Optant, this regulation is subject to regulation 260K.

Amendment of regulation 185

76

After paragraph (9) of regulation 185 (General option to exchange part of pension for lump sum), add—

(10) In the case of a 2008 Section Optant, this regulation is subject to paragraph (4) of regulation 260H and regulation 260K.

Amendment of regulation 187

77

For regulation 187 (Reduction in pension debit member’s benefits), substitute—

(187) (1) The benefits to which a pension debit member is entitled under this Chapter are subject to the reduction to be made under Article 28 of the 1999 Order (Reduction under pension sharing order following divorce or nullity of marriage). (2) In the case of a 2008 Section Optant, this regulation is subject to paragraph (2) of regulation 260H.

Amendment of regulation 195

78

After paragraph (2) of regulation 195 (Meaning of “surviving nominated partner”), add—

(3) In the case of a 2008 Section Optant, this regulation is subject to regulation 260L.

Amendment of regulation 196

79

• (1) Regulation 196 (Amount of pensions under regulation 194: active and non-contributing members) is amended as provided by paragraphs (2) to (4).

• (2) At the end of paragraph (2), insert (as full out words) “Sub-paragraph (b) is subject to paragraph (7).”.

• (3) At the end of paragraph (3), insert (as full out words) “This is subject to paragraph (7).”.

• (4) After paragraph (6), insert—

(7) For the purposes of paragraphs (2)(b) and (3) any increase under— (a) regulation 178; or (b) regulation 260Q, is ignored.

Amendment of regulation 197

80

• (1) Regulation 197 (Amount of pensions under regulation 194: pensioner members), is amended as provided by paragraphs (2) and (3).

• (2) For paragraph (3), substitute—

(3) For the purposes of paragraph (1) any reduction in the member’s pension under— (a) Chapter 8 of this Part; (b) regulation 185; or (c) regulation 260K, is ignored. (3A) For the purpose of paragraph (2)— (a) any reduction in the rate of member’s pension under— (i) regulation 179, (ii) regulation 185, or (iii) regulation 260K; and (b) any increase in the rate of the member’s pension under— (i) regulation 178, or (ii) regulation 260Q, is ignored.

• (3) Omit paragraph (8).

Amendment of regulation 200

81

For paragraph (3)(b) of regulation 200 (Re-employed pensioners: adult survivor pensions in initial period), substitute—

(b) the rate of the deceased member’s pension payable at the time of death after taking account of any reduction in the rate of the pension under— (i) Chapter 8 of this Part, (ii) regulation 185, and (iii) regulation 260K.

Amendment of regulation 203

82

In regulation 203 (Amount of children’s pension under regulation 201: deceased active members and deceased non-contributing members) at the end of paragraph (3) insert (as full out words) “In the case of a 2008 Section Optant, this is subject to regulation 260W.”.

Amendment of regulation 204

83

• (1) Regulation 204 (Amount of children’s pension under regulation 201: deceased pensioner members) is amended as provided by paragraphs (2) and (3).

• (2) At the end of paragraph (3), insert (as full out words) “In the case of a 2008 Section Optant, this is subject to regulation 260W.”.

• (3) For paragraph (8), substitute—

(8) For the purposes of paragraphs (3), (5) and (6), any reduction in the member’s pension under regulation 185 and regulation 260K will be ignored.

Amendment of regulation 205

84

In regulation 205 (Amount of children’s pension under regulation 201: deceased deferred members), at the end of paragraph (3) insert (as full out words), “In the case of a 2008 Section Optant, this is subject to regulation 260W.”.

Amendment of regulation 210

85

• (1) Regulation 210 (Amount of lump sum: single capacity members and recent leavers (disregarding regulation 180 employments)) is amended as provided by paragraphs (2) to (4).

• (2) At the end of paragraph (1), insert (as full out words), “In the case of a 2008 Section Optant, this is subject to regulation 206V.”.

• (3) For paragraph (2)(b), substitute—

(b) an amount equal to twice the annual average of the member’s uprated earnings by reference to which the pension was calculated, less the aggregate of— (i) any lump sum paid to the member when the pension came into payment as a result of the member exercising the option under regulation 185, and (ii) in the case of a 2008 Section Optant, the lump sum paid to the Optant under regulation 260K.

• (4) For paragraph (6), substitute—

(6) The reference in paragraph (2)(a) to the annual rate of the member’s pension is to the member’s pension after it has been reduced to take account of— (a) the exercise by the member of an option under regulation 185; and (b) in the case of a 2008 Section Optant, the lump sum paid to the Optant under regulation 260K.

Amendment of regulation 211

86

• (1) Regulation 211 (Amount of lump sum; dual capacity members (disregarding regulation 180 employments)) is amended as provided by paragraphs (2) and (3).

• (2) At the end of paragraph (2), insert (as full out words) “This is subject to paragraph (4).”.

• (3) After paragraph (3), add—

(4) In the case of a 2008 Section Optant— (a) the reference to the annual rate of pension in paragraph (2)(b)(i) is to the annual rate of pension after it has been reduced to take account of the lump sum paid to the Optant under regulation 260K; and (b) the amount of the Optant’s uprated earnings for the purposes of paragraph (2)(b)(ii) shall be reduced by the aggregate of— (i) the amount of the lump sum paid to the Optant under regulation 260K, and (ii) the lump sum under regulation 185 referred to in paragraph (2)(b)(ii).

Amendment of regulation 212

87

• (1) Regulation 212 (Amount of lump sum: dual capacity members with pensions under regulation 180) is amended as provided by paragraphs (2) and (3).

• (2) After paragraph (2)(a), add—

(b) if the member had been entitled to any pensions under regulation 180 for less than 5 years, the lesser of— (i) the total of the guarantee amounts for each of those pensions (see paragraph (3)), and (ii) the aggregate lump sum cap (see paragraph (4)); (c) in the case of a 2008 Section Optant, this is subject to paragraph (4) and regulation 260V.

• (3) For paragraph (4), substitute—

(4) The aggregate lump sum cap is equal to twice the appropriate fraction of the annual average of the member’s uprated earnings by reference to which the pension to which the member became entitled on last exercising the option under regulation 180 was calculated, less the total of any lump sums paid to the member— (a) in exchange for pensions under regulation 180 as a result of the member exercising the option under regulation 185; and (b) in the case of a 2008 Section Optant the lump sum paid to that Optant under regulation 260K.

Amendment of regulation 214

88

After paragraph (12) of regulation 214 (Payment of lump sums or pensions on death), add—

(13) In the case of a 2008 Section Optant, this regulation is subject to regulation 260L.

Amendment of regulation 225

89

• (1) Regulation 225 (Calculating amounts of transfer value payments) is amended as provided by paragraphs (2) to (4).

• (2) For paragraph (4), substitute—

(4) In paragraph (3), “minimum transfer value” means— (a) in the case of a person other than a 2008 Section Optant, the sum of— (i) any transfer value payments that have been made to this Section of the Scheme in respect of the person as a result of which the person is entitled to count any pensionable service under this Section of the Scheme by reference to which the accrued rights subject to the transfer are calculated, and (ii) any contributions paid by the person under Chapter 3 of this Part as a result of which the person is entitled to count such service; (b) in the case of a 2008 Section Optant, the sum of— (i) any transfer value payments that have been made to the 1995 Section in respect of the Optant, (ii) any contributions paid by the Optant under regulation 10 as modified by paragraph 10 of Schedule 2 to the 1995 Regulations (Contributions by members) in respect of superannuable employment in that Section on or before 31st March 2008, and (iii) any payments made by the Optant under regulation 67 as modified by paragraph 20 of Schedule 2 to the 1995 Regulations (Right to buy additional service) for the purchase of additional service, which entitle the Optant to count, under Chapter 10 of this Part, any pensionable service by reference to which the accrued rights subject to the transfer are calculated.

• (3) At the end of paragraph (5)(b), add—

• ; and separately in respect of— the aggregate of any amounts of pensionable earnings that the member is entitled to count for the purpose of calculating benefits payable to, or in respect of, the member that fall to be treated as— a capped increase to pensionable earnings in accordance with regulation 231; or an amount of capped Optant pensionable earnings in accordance with regulation 260I, and any amount of pensionable earnings that do not fall to be so treated.

• (4) After paragraph (5), add—

(6) In the case of a 2008 Section Optant, this regulation is subject to regulation 260K.

Amendment of regulation 227

90

After paragraph (4) of regulation 227 (Right to apply for acceptance of transfer value payment from another scheme), add—

(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 260J.

Amendment of regulation 228

91

• (1) Regulation 228 (Procedure for applications under regulation 227) is amended as provided by paragraphs (2) to (4).

• (2) In paragraph (1)(d), in—

• (a) paragraph (i), after “of the” insert “increase to pensionable earnings and the”;

• (b) paragraph (ii), after “of the” insert “increase to pensionable earnings and the”.

• (3) In paragraph (2)(a), for “149 (Restriction on pensionable earnings used for calculating benefits in respect of capped transferred-in service)” substitute “231”.

• (4) For paragraph (3), substitute—

(3) A statement given to the member of a corresponding 1995 scheme in pursuance of such a request as is mentioned in paragraph (1)(d) must inform the member of the amount of— (a) the increase to pensionable earnings that will count under this section of the Scheme for the purposes of calculating benefits payable to or in respect of the member; and (b) the amount of pensionable service that will count for the purposes of determining whether or not the member has reached 45 years of pensionable service for the purposes of regulation 139.

Amendment of regulation 229

92

For regulation 229 (Acceptance of transfer value payments), substitute—

(229) (1) If an application is duly made by a member under regulation 227, the Department may accept the transfer value payment if such conditions as the Department may require are met. - This is subject to paragraph (10). (2) If the Department accepts the payment, the member is entitled to count— (a) the appropriate increase in the member’s pensionable earnings for the purposes of calculating benefits payable to, or in respect of, the member under the Scheme; and (b) the relevant period of pensionable service for the purpose of determining whether or not the member has reached 45 years of pensionable service for the purposes of regulation 139. - This is subject to paragraph (8). (3) In paragraph (2)(a) “the appropriate increase” means the increase calculated in accordance with regulation 230. (4) In paragraph (2)(b) “the relevant period” means the period calculated by reference to whichever of paragraphs (5), (6) or (7) apply in respect of the transfer payment. (5) If the Department accepts the payment in respect of a member of a corresponding 1995 scheme, “the relevant period” means the period calculated in accordance with any guidance, tables and other relevant factors provided by the Scheme actuary for that purpose, having regard to the period of employment that qualified the member for the rights in the corresponding 1995 scheme. (6) If the Department accepts the payment under the public sector transfer arrangements, “the relevant period” means the period of pensionable service the member is entitled to count calculated— (a) in accordance with those arrangements; and (b) by reference to the guidance and tables provided by the Scheme actuary for the purposes of this paragraph, that are in use on the date that is used by the transferring scheme for calculating the transfer value payment. (7) If the Department accepts the payment from a scheme that does not participate in the public sector transfer arrangements, “the relevant period” means a period equal to the period of employment that qualified the member for the rights in respect of which the transfer payment is being made. (8) Any part of a member’s increase to pensionable earnings under paragraph (2)(a) that falls to be treated as a capped increase to pensionable earnings shall count as a capped increase to pensionable earnings for the purpose of paragraph (5) of regulation 225. (9) For the meaning of “capped increase to pensionable earnings”, see regulation 231. (10) The Department may not accept a transfer value payment if— (a) it would be applied in whole or in part in respect of the member’s or the member’s spouse’s entitlement to a guaranteed minimum pension; and (b) it is less than the amount required for that purpose, as calculated in accordance with guidance and tables prepared by the Scheme actuary for the purposes of this paragraph. - This is subject to paragraph (11). (11) Paragraph (10) does not apply if the transfer would be paid under the public sector transfer arrangements. (12) In the case of a 2008 Section Optant, this regulation is subject to regulation 260J.

Amendment of regulation 230

93

• (1) Regulation 230 (Calculation of transferred-in pensionable service) is amended as provided by paragraphs (2) to (5).

• (2) In the heading for “Calculation of transferred-in pensionable service”, substitute “Calculation of increase to pensionable earnings as the result of a transfer-in”.

• (3) For paragraph (2), substitute—

(2) Subject to paragraph (4), for the purposes of the calculation under paragraph (1), the benefits in respect of the transfer payment will be calculated by increasing the member’s pensionable earnings for— (a) the financial year in which the member joined this Section of the Scheme; or (b) the financial year in which the transfer payment is received if the payment is received more than 12 months after the day on which the member joined this Section of Scheme (“the starting day”).

• (4) In paragraph (3)(b), after “payments)” insert “equal to the amount of the transfer payment”.

• (5) After paragraph (6), add—

(7) In the case of a 2008 Section Optant, this regulation is subject to regulation 260J.

Amendment of regulation 231

94

• (1) Regulation 231 (Meaning of “capped transferred-in service”) is amended as provided by paragraphs (2) to (4).

• (2) In the heading, for “Meaning of “capped transferred-in service”” substitute “Meaning of “Capped increase to pensionable earnings””.

• (3) For paragraph (2), substitute—

(2) For the purposes of this Part— (a) any part of the increase to pensionable earnings that the member is entitled to count under regulation 229(2)(a); and (b) which is the result of capped service in employment to which the transferring scheme applied, is a capped increase to pensionable earnings.

• (4) After paragraph (4), add—

(5) In the case of a 2008 Section Optant, this regulation is subject to regulation 260J.

Amendment of regulation 256

95

In paragraph (5)(a) of regulation 256 (Interest on late payment of benefits and refunds of contributions), after “Chapter 4”, insert “or a lump sum under regulation 260K”.

Insertion of Chapter 10

96

After Chapter 9 of Part 3 (Miscellaneous and supplementary provisions), add—