LegalizeThe 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
Amendment of regulation 262
97
In regulation 262 (Interpretation: general)—
- (a) at the appropriate place in the alphabetical order, insert—
- “calculation method D” means the calculation method provided for in regulation 272A;
- “increment period” has the meaning given in regulation 272A(2);
- (b) omit the definition of “principal medical practitioner”.
Amendment of regulation 263
98
In paragraph (2)(a) and (b) of regulation 263 (Application of Chapter 2), omit “principal”.
Amendment of regulation 264
99
In paragraph (1) of regulation 264 (Cases with up to 10 years officer service), omit “principal”.
Amendment of regulation 265
100
In regulation 265 (Cases with more than 10 years officer service), omit “principal”.
New regulation 269A
101
After regulation 269 (Cases with 1 year or more of concurrent officer service), insert—
(269A) (1) Where a member who, before commencing the member’s final period of practitioner service, has service as an officer (whether that service as an officer consists of a separate period of such service or two or more such periods), and— (a) that officer service is preceded by an earlier period of practitioner service; and (b) some or all of the member’s officer service is not concurrent with practitioner service, the reference amount in respect of such part of that officer service that is not concurrent with practitioner service shall be the better of— (i) the amount determined by calculation method D, and (ii) the base amount.
Amendment of regulation 270
102
- (1) Regulation 270 (Calculation method A) is amended as provided by paragraphs (2) and (3).
- (2) Before “Calculation method A”, insert paragraph number “(1)”.
- (3) After the newly numbered paragraph (1), add—
(2) Where paragraph (1) applies— (a) the member is entitled to count part of the period of officer service referred to in that paragraph as a result of a transfer-in under regulation 229; and (b) the transfer-in is other than a transfer-in referred to in regulation 230(6), for the purposes of any calculation under regulation 264(1)(a) or 265(a), the amount of the pensionable pay deemed to be received in respect of that part period of officer service will be calculated in accordance with regulation 230(2).
New regulation 272A
103
After regulation 272 (Calculation method C), add—
(272A) (1) Calculation method D is the aggregate of the amounts payable under paragraphs (2), (3) and (4). (2) The amounts payable under this paragraph are the additional amount that would be payable under Part 2 for the member’s period, or periods, of non-concurrent officer service (described in regulation 269A of this Part) in respect of the member’s pension and any retirement lump sum payable— (a) 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, if those amounts were each subject to a 1.5% increase for each whole year or part of a year within the increment period. - This is subject to paragraph (5). (3) The amounts payable under this paragraph are the amounts that would be payable under Part 2 for the member’s period, or periods, of non-concurrent officer service (described in regulation 269A of this Part), were it not for the additional amounts calculated under paragraph (2). (4) The amounts payable under this paragraph are the amounts payable under Chapter 4 of Part 3. (5) For the purposes of paragraph (2)— (a) the increase referred to in that paragraph shall— (i) be applied in like manner and at the same intervals as an increase applied to a pension under the Pensions (Increase) Act (Northern Ireland) 1971[^f00016], and (ii) be effective immediately before the pension and lump sum become payable with the member’s benefits from practitioner service under Chapter 4 of Part 3; and (b) the increment period referred to in paragraph (2) shall— (i) begin with the day immediately following the day on which the officer service referred to in paragraph (2) ceased for the last time, and (ii) end with the day immediately before the pension and retirement lump sum become payable with the member’s benefits from practitioner service under Chapter 4 of Part 3.
Amendment of regulation 273
104
In paragraphs (1) and (2) of regulation 273 (Top-up where reference amount greater than base amount) for “269”, substitute “269A”.
Schedule
105
Schedule 2 shall have effect.
PART 4 — AMENDMENT OF THE HEALTH AND PERSONAL SOCIAL SERVICES (COMPENSATION FOR PREMATURE RETIREMENT) REGULATIONS (NORTHERN IRELAND) 1983
Amendment of the Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983
106
- (1) The Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983[^f00017] shall be amended as provided by paragraph (2).
- (2) In Regulation 5 (Crediting of additional period of service)—
- (a) in paragraph (1A) for “1st October 2008” substitute “1st October 2009”;
- (b) for paragraph (1D) substitute—
(1D) Paragraphs (1E) to (1H) shall apply where an entitled officer becomes so entitled on, or after, 1st October 2009 but before 1st October 2011. (1E) The additional period of service an entitled officer shall be credited with where regulation 5(5A) does not apply to him at 30th September 2006, shall be equal to U and determined by the formula— $$S-T=U$ Where— S (except where paragraph (1F) applies) is the additional service he would have been credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 as if he became so entitled at that date; and T is the period commencing on, or after, 1st October 2006 and ending on the day on which he does in fact become so entitled.$ (1F) For the purposes of paragraph (1E) only, where the additional service an entitled officer would have been credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 as if he became so entitled at that date is greater than 5 years (but not otherwise)— (a) the excess over 5 years shall be reduced at the rate of 1/24th for each complete month commencing on, or after, 1st October 2009 and ending on the date on which he does in fact become so entitled (with any part day being rounded up to the nearest whole day) (“the relevant fraction”); and (b) the result shall be S. (1G) Where regulation 5(5A) does apply to an entitled officer as at 30th September 2006— (a) the additional period of service he shall be credited with shall be equal to S (as defined in paragraph (1E)); and (b) the amount of compensation payable to him shall be determined in accordance with that regulation except that the “relevant amount” referred to in that regulation shall be reduced by amount X. (1H) Amount X shall be— (a) V (except where sub-paragraph (b) applies); (b) the product of V+W where the additional service a member would be credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 as if he became so entitled at that date is greater than 5 years (but not otherwise), where— $V =the relevant amount× 1825 S (in days)) ×T (in days)1825$ $W =the relevant amount× S (in days) - 1825 S (in days)) ×the relevant fraction$ and S and T have the same meaning as in paragraph (1E). (1I) Where it is more beneficial to an entitled officer to whom paragraphs (1A) to (1C) of this regulation apply— (a) those paragraphs shall be ignored; and (b) he shall be credited with additional service calculated by applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 and as if he became so entitled at that date.
PART 5 — AMENDMENT OF THE HEALTH AND PERSONAL SOCIAL SERVICES (SUPERANNUATION) (ADDITIONAL VOLUNTARY CONTRIBUTIONS) REGULATIONS (NORTHERN IRELAND) 1999
Amendment of the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999
107
- (1) The Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999[^f00018] shall be amended as provided by paragraphs (2) and (3).
- (2) In regulation 20 (Loss of rights to benefits) after “1995 Regulations”, add “or regulation 130 or 254 of the 2008 Regulations”.
- (3) In Schedule 2 (Pension sharing on divorce or nullity of marriage or dissolution or nullity of civil partnership)—
- (a) in paragraph 6(1) for “described in regulation 3(2) of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000 (Commutation of the whole of pension credit benefit)” substitute “referred to in paragraphs (b), (e) and (f) of the lump sum rule in section 166(1) of the Finance 2004 Act[^f00019]”;
- (b) in paragraph 14(1)(b) (Loss of rights to benefits), for “of those Regulations” substitute “of the 1995 Regulations or regulation 130 or 254 of the 2008 Regulations”.
PART 6 — Miscellaneous
Option to persons detrimentally affected by these Regulations
108
- (1) This regulation applies in relation to any benefit which is being paid or may become payable under the regulations amended by these Regulations to or in respect of a person who, having served in an employment or office, service in which qualified the person to participate in the benefits provided under the regulations amended by these Regulations, ceased to serve therein before these Regulations came into operation.
- (2) Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than that person would have been if that provision had not applied, that person may elect that the provision shall not apply by giving notice in accordance with paragraph (3).
- (3) A notice given pursuant to paragraph (2) shall be in writing and shall be delivered to the Department within 6 months of the coming into operation of these Regulations or such longer period as the Department may allow.
- (4) An election pursuant to paragraph (2) shall have effect in relation to the benefit referred to in paragraph (1) only to the extent that such benefit has accrued by virtue of periods of service rendered prior to the cessation referred to in paragraph (1) (or, if there has been more than one such cessation, the last of them before the coming into operation of these Regulations) and in determining entitlement to, and the amount of, the benefit to that extent, such person shall be treated as if that person had never recommenced service at any time after that cessation (or, as the case may be, the last such cessation).
SCHEDULE 1
PART 1
1
In the following provisions before “the Scheme”, insert “this Section of”—
| (a) regulation | |||
|---|---|---|---|
| 2 in the definition of— employing authority (at paragraph (e)) member (twice) and normal benefit age | 43(1) | 81(2) (three times), (3) and (4) | |
| 2A(10), (11) and (12) | 45(1) and (3) | 82(5) | |
| 3(3) (twice), (3A) and (4) | 46 in the heading and in (1) (four times) | 83B(1) | |
| 4(1) (twice) and (2) | 47 in the heading and in (1) | 84(2) | |
| 5(4A) and (6) | 48(2) (twice) | 85(2), (4), (5), (14) (in the definitions of “continuing employment” and “pension”) and (15) (twice) | |
| 6 in the heading and in (1), (2), (3) (three times), (3A) and (4) (twice) | 49(1) | 89 | |
| 7(1) (five times), (3) and (6) | 50(3) (twice) and (7) 51(3) | 90(1), (2) and (3) 93(1) | |
| 8 in the heading and in (1), (2) (twice) and (3) (twice) | |||
| 9 in the heading and in (1) (twice), (1A), (3) (three times), (5) (three times), (5A) (four times), (6) and (7) | 52(1), (5) | 94(3) | |
| 9A in the heading (1) (twice), (2), (3) and (4) | 53(1), (2) and (6) | ||
| 10(1), (2D), (2W), (2X), (2Y) and (2Z) | 54(1) | ||
| 11(1) and (2) | 55(1) and (2) | ||
| 13(11) | 57(4) and (7) | ||
| 13A(11) | 59(1), (3), (10) (twice), (12) and (14) (twice) | ||
| 19(1) and (8) | 60 in the heading and in (1), (3) (twice) and (4) | ||
| 20(1) | 62(2) | ||
| 22(6) (twice) and (9) | 62A in the heading and in (2) (three times), (3) (three times) and (5) (three times) | ||
| 23(3) | 65(2), (3) and (5) | ||
| 24(3), (4) and (5) | 66(1) (twice) and (2) (twice) | ||
| 25(1) | 67(1), (4), (6A), (6B) (9) and (11) (in the definition of “pension debit member”) | ||
| 26(2) and (2A) | 68(1) | ||
| 28(3) | 70(1) | ||
| 31G(1) | 71(1) | ||
| 34(2) and (2A) | 72(6) | ||
| 73B in the heading | |||
| 35(1) | 75(1) and (4) | ||
| 36(2A) | 76(1) (twice) | ||
| 39(1), (4) and (7) | 77(2) (twice) and (12) | ||
| 40(4) | 79(4) | ||
| (b) Schedule 2 paragraph | 2(2) | 9A(2) | 18(1) and (2) (twice) |
| 2A(1), (2) and (4) | 10 in the heading and in (18) | 21(2) (twice), (3) (twice) and (5) | |
| 4(1) | 11A(1) and (2) | 22(3), (4) and (5) | |
| 9(4), (6), (6A) and (11) | 14(2) | 23(6) (twice) and (8) | |
| (c) Schedule 2A paragraph | 3(1) | 7(1) and (6) | 9(d) |
| 6(1) | 8 (twice) |
PART 2
2
In the following provisions for “2008 Scheme” substitute “2008 Section”—
| regulation | |||
|---|---|---|---|
| 2 in the definition of “2008 Scheme” 7(1) and (2) | 49(14) (“in the definition HSC employment”) | 59 in the heading and in (3), (7), (12) and (14) (three times) |
PART 3
3
In regulation 42 for “The Scheme”, substitute “This Section of the Scheme”.
4
In regulation 63(1) and 81(5) for “this Scheme”, substitute “this Section of the Scheme”.
SCHEDULE 2
PART 1
1
In the following provisions before “the Scheme”, insert “this Section of”—
| regulation | |||
|---|---|---|---|
| 6(1) in the definition of— active member deferred member non-contributing member (at paragraph (b)) pensioner member public sector transfer arrangements. | 132(2) and (7)(a) | 255(1) | |
| 6(2) | |||
| 6(3) | |||
| 7(1)(a) | 135(1) and (2) | 256(2) and (7)(a) | |
| 9(2), (3), (3A), | 136(6) (twice) and (8) | 259(1) and (2) | |
| (4)(a)(ii), (6)(c), (9) | |||
| 10(1)(f) (twice), (3)(b) | 137(1) in the definition of— active member deferred member non-contributing member (at paragraph (b)) pensioner member public sector transfer arrangement | 260(5)(b) (twice) and (8) (twice) and (10) | |
| 11(4)(a), (6)(b) | 138(1), (2) | ||
| 12(2) | 139(1)(a) | ||
| 13(1) | 140(2), (3), (3A)(4)(a) (ii), (6)(c) and (9) | ||
| 14(10) | 141(1)(e) (twice) and (3)(a) | ||
| 17(1) | 142(4)(a) and(6)(b) | ||
| 20(8), (9)(b), (10) | 144(2)(a), (7) and (10) | ||
| 21(1) | 152(8), (9)(b), (10) | ||
| 22(1), (2), (3), (5) (twice), (6), (7) and (8) | 153(1), (5)(e)(ii) | ||
| 23(1), (6) | 154(1), (2), (3) (twice), (4), (5), (6), and (7) | ||
| 24(1), (3) and in the heading | 155 | ||
| 25(1), (6)(b) and in the heading | 156(1), (3) and in the heading | ||
| 26(1) and (2) (twice) and in the heading | 157(1), (6)(b), (7) (twice) and in the heading | ||
| 27(1), (11)(a) and (14) | 158(1) and (2) (twice) and in the heading | ||
| 29(3)(a), (22)(c), (23) (c), (24)(c), (25)(c) and (27) (twice) | 159(2) 160(1) and (3) 162(1) (twice), (2) and (4) | ||
| 31(1) (twice), (2)(b) and (4) | 164(20)(a) | ||
| 35 in the heading | 166 in the heading | ||
| 44(5) (twice) and (9) | 175(5) (twice) and (9) | ||
| 50(5) | |||
| 56(3) (three times) and (7)(a) | 181(4) 185(1) | ||
| 57(6)(a) | |||
| 58(1) | 189(1), (2) and (6)(c) | ||
| 62(1), (2) and (6)(c) | 192(1) and (5)(a) | ||
| 65(1) and (5)(a) | 193(1) (twice), (2)(a) | ||
| 66(1) (twice), (2), (7) | and (7) (three times) | ||
| (three times), (9) and (10)(a) | 196(4)(b) | ||
| 69(4)(b) | 199(1)(a) | ||
| 72(1)(a) | 203(1) | ||
| 76(1) | 204(1) | ||
| 77(1) | 205(1) | ||
| 78(1) | 208(1) | ||
| 81(1) | 218(1)(a) and (5)(i) | ||
| 91(1)(a), (5)(i) | 219(1) | ||
| 92(1) | 220(3)(a) and (4) | ||
| 93(3)(a) and (4) | 221(1) | ||
| 94(1) | 223(3)(a) | ||
| 99 | 226 | ||
| 100(1) | 227(1) | ||
| 101(1)(c) and (3) | 228(1)(c) | ||
| 102(2)(a) | 230(6) (twice) | ||
| 103(6) (twice) | 233(1)(b) | ||
| 106(1)(b) | 234(1)(c), (2) and (3) | ||
| 107(1)(c), (2) and (3) | 235(2) | ||
| 109(1) (four times) and (6) and in the heading | 236(1) (four times) and (6) | ||
| 111(1)(a) | 238(1)(a) | ||
| 115(1)(a) and (4) | 239(5)(b) | ||
| 118(1)(a) | 241(2)(a) and (5) | ||
| 128(1) (twice) | 244(1)(a) | ||
| 130(2)(a) | 252(1) (twice) | ||
| 131(1) | 254(2)(a) |
PART 2
2
In the following provisions for “HPSS Superannuation Scheme 1995” substitute “1995 Section”—
| regulation | |||
|---|---|---|---|
| 7(8) (twice) | 108A(1) and in the heading | 154(1)(a) and (c) | |
| 10(1)(b) and (f)(ii) | 139(9) (twice) | 235A(1) and (4)(a) and in the heading | |
| 21(3)(b), (5)(a), (d), (e) and (f) and in the full out words and (6)(a) | 141(1)(b) | 275(5) (twice) | |
| 22(2) (twice) | 153(3)(b), (5) (seven times), (6)(a) |
PART 3
3
In the following provisions for “that Scheme”, substitute “that Section”—
| regulation | ||
|---|---|---|
| 7(8) (twice) | 153 (nine times) | |
| 21(5) (nine times) | 154(1) (three times) | |
| 22(2) (twice) | 275(5) (twice) |
4
In regulation 21(3) and (5) and 153(3) and (5) for “other scheme conditions”, substitute “other Section conditions”.
5
In regulation 108A(1), (2)(c), (3)(a) and (b) and (4)(a), and 235A(1), (2)(c), (3)(a) and (b) and (6)(a) and (c) after “this” insert “Section of the”.
Signed
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 28th January 2010.
Diane Taylor — A senior officer of the — Department of Health, Social Services and Public Safety
The Department of Finance and Personnel consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 28th January 2010.
Adrian Arbuthnot — A senior officer of the — Department of Finance and Personnel
Explanatory note
(This note is not part of the Regulations)
These Regulations further amend the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 95) (“the 1995 Regulations”), the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 256) (“the 2008 Regulations”), Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 155) (“the Compensation Regulations”), and the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 294) (“the AVC Regulations).
Regulation 1 provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from various dates before the date of commencement. Article 14(1) of the Superannuation Order 1972 provides authority for the regulations specified in regulation 1(3) to (4) to take effect as from a date earlier than the making of these Regulations.
The remainder of the Regulations are divided into six Parts, with Parts 2 to 5 amending the 1995 Regulations, the 2008 Regulations, the Compensation Regulations and the AVC regulations respectively, and Part 6 providing that certain persons detrimentally affected by these Regulations may elect for the provisions not to apply to them.
Parts 2 and 3 make similar amendments in respect of both the 1995 Regulations and the 2008 Regulations. They also introduce amendments specific to either the 1995 Regulations or the 2008 Regulations.
The changes dealing with similar issues in Parts 2 and 3—
- introduce changes as to when a person may contribute or accrue further service in the Scheme (regulations 11, 97 to 101, 103 and 104);
- clarify the way in which pensionable earnings will be determined if a member has officer service before practitioner service that was the result of a transfer-in of benefits to the Scheme (regulations 11(2)(e) and 102);
- make changes in terminology to reflect the fact that there is one HSC Pension Scheme consisting of two sections (the 1995 Section and the 2008 Section) (regulations 4, 12 (and Schedule 1), 15, 16, 20, 56 and 105 (and Schedule 2)).
The changes specific to Part 2, amend the provisions relating to—
- entitlement to a higher tier ill-health pension where a member is a pensioner member of the 1995 Section and an active member of the 2008 Section of the Scheme (regulation 5);
- the benefits to be paid following the death of a 1995 Section pensioner who is also a member of the 2008 Section (regulations 6 and 9).
The amendments in Part 2 also deal with minor technical amendments relating to pensions for surviving nominated partners (regulation 7) and for death in employment (regulation 8).
The changes specific to Part 3 are—
- the amendment of the provisions relating to—
- ill-health pensions (regulations 33(2) and 74(2))
- circumstances in which the “host Board” is deemed to be the employer of general medical and dental practitioners and non-GP providers (regulations 16, 22 and 56)
- eligibility for membership of the 2008 Section (regulation 62)
- the treatment of transfer values under former schemes received by the Scheme in respect of practitioner members (regulations 91 to 94 and 102)
- the introduction of the provisions relating to the “Choice Exercise” under which a 1995 section member may opt to join the 2008 Section of the Scheme (“a 2008 Section Optant”) and the terms on which he may do so and the effect on benefits of doing so (Part 2 Chapter 10 and Part 3 Chapter 10 inserted by regulations 55 and 96 respectively).
A number of amendments that are also consequential upon the insertion of new Chapters 10 of Part 2 and 3 are also made (16 to 19, 21, 23 to 54, 57 to 61, 63 to 90 and 95).
Part 4 amends regulation 5 (Crediting a period of additional service) of the Compensation regulations, in respect of the calculation of additional periods of service for those who are made redundant on or after 1st September 2009 but before 1st October 2011 (regulation 106, new paragraphs 1D to 1H).
The changes made to the AVC regulations by Part 5, are the insertion of a cross references to the 2008 regulations and to reflect the lump sum rule in section 166(1) of the Finance act 2004. (regulation 107).
Part 6 provides that deferred members, or members in receipt of a relevant benefit, who are detrimentally affected by these Regulations may elect for the provisions not to apply to them by giving notice within six months of the coming into operation of these Regulations (regulation 108).
Footnotes
[^f00002]: S.R. 2008 No. 256 as amended by S.R. 2009 Nos. 65 and 188
[^f00003]: S.R. 1995 No. 95 as amended by S.R. 1997 Nos. 217 and 390; S.R. 1998 No. 299; S.R. 1999 No. 293; S.R. 2002 No. 69; S.R. 2004 Nos. 103 and 104; S.R. 2005 Nos. 155, 533, 534 and 565; S.R. 2006 Nos. 159 and 410; S.R. 2008 Nos. 96, 130 and 163; S.R. 2009 Nos. 65 and 188
[^f00004]: 2009 c. 1 (N.I.)
[^f00005]: S.I. 1995/300, amended by S.I. 1997/80 and 1888, 1998/666 and 2216, 2000/605, 2001/1428 and 3649, 2002/561 and 2469, 2003/631 and 2322, 2004/665 and 696, 2005/661 and 3074, 2006/600 and 2919, 2007/2054 and 3280, 2008/654 and 2263 and 2009/381, and modified by S.I. 1996/971
[^f00006]: 1971 c. 35 (N.I.)
[^f00007]: S.R. 2008 No. 256 as amended by S.R. 2009 Nos 65 and 188.
[^f00008]: 2000 c. 7
[^f00009]: 1999 No. 3147 (N.I. 11)
[^f00010]: 2009 c. 1 (N.I.)
[^f00011]: S.R. 1984 No. 336
[^f00012]: 1971 c. 35 (N.I.)
[^f00013]: 2000 c. 7
[^f00014]: 2009 c. 1 (N.I.)
[^f00015]: S.R. 1984 No. 336
[^f00016]: 1971 c. 35 (N.I.)
[^f00017]: S.R. 1983 No. 155 as amended by S.R. 2008 No. 96, regulation 4
[^f00018]: S.R. 1999 No. 294
[^f00019]: 2004 c. 12
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