The Health and Personal Social Services (Superannuation Scheme, Injury Benefits and Additional Voluntary Contributions), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010

(260Z) (1) This regulation applies to a Waiting Period Joiner who— (a) is entitled to a tier 1 ill-health pension under regulation 13A of the 1995 Regulations (Ill-health pension on early retirement) in respect of service in the 1995 Section (“the earlier 1995 Section service”); and (b) becomes entitled to a tier 1 ill-health pension or, as the case may be, a tier 2 ill-health pension under regulation 182 in respect of service in this Section of the Scheme (“the later 2008 Section service”). (2) For the purposes of determining whether a Waiting Period Joiner can count 45 years of pensionable service for any purpose, the earlier 1995 Section service and the later 2008 Section service are aggregated. (3) A Waiting Period Joiner is entitled to the benefits set out in paragraph (4) if, on the termination of the later 2008 Section service, that Joiner becomes entitled to a tier 1 or a tier 2 ill-health pension under regulation 182 in respect of that later service. (4) Those benefits are— (a) a tier 1 ill-health pension under regulation 13A of the 1995 Regulations in respect of the member’s earlier 1995 Section service; and (b) a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the member’s later 2008 Section service. This is subject to paragraph (5). (5) A Waiting Period Joiner is entitled to the benefits set out in paragraph (6) where that Joiner— (a) ceases to be entitled to a tier 1 ill-health pension in respect of the earlier 1995 Section service; (b) becomes entitled to a tier 2 ill-health pension in respect of that earlier 1995 Section service in accordance with regulation 13B of the 1995 Regulations (Re-assessment of ill health condition determined under regulation 13A); and (c) becomes entitled to a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the later 2008 Section service on the termination of that later service. (6) Those benefits are— (a) a tier 2 ill-health pension paid in accordance with regulation 13B of the 1995 Regulations in respect of the earlier 1995 Section service; and (b) a tier 1 ill-health pension in respect of the later 2008 Section service. (260ZA) (1) This regulation applies to a Waiting Period Joiner who, on the date of that Joiner’s death, is an active or a non-contributing member in respect of service in this Section of the Scheme (“the later 2008 Section service”). (2) The lump sum payable on the death of a Joiner referred to in paragraph (1) shall be calculated in accordance with whichever of paragraphs (3) to (6) applies to that Joiner and shall be paid in place of the lump sum that, apart from this regulation, would otherwise be payable in respect of that Joiner’s later 2008 Section service under regulation 210. (3) Where, at the date of a Waiting Period Joiner’s death, that Joiner was an active member who had not reached age 65 and who had not exercised the option under regulation 180, the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension payable under regulation 182(5) to which that deceased Joiner would have been entitled at that date, multiplied by five. (4) Where, at the date of a Waiting Period Joiner’s death, that Joiner was an active member who had reached age 65 and who had not exercised the option under regulation 180, the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension payable under regulation 176 to which that deceased Joiner would have been entitled at that date, multiplied by five. (5) Where, at the date of a Waiting Period Joiner’s death, that Joiner was a non-contributing member who had not exercised the option under regulation 180, the lump sum referred to in paragraph (2) is an amount equal to the annual rate of pension to which that Joiner would have been entitled under regulation 176 on the last day of that Joiner’s pensionable service, multiplied by five. (6) Where, at the date of a Waiting Period Joiner’s death, that Joiner was an active member or a non-contributing member who had exercised the option under regulation 180, the lump sum referred to in paragraph (2) shall be determined by the Department after taking advice from the Scheme actuary. (260ZB) (1) This regulation applies in respect of a Waiting Period Joiner’s service in this Section of the Scheme, where at the date of that Joiner’s death that Joiner was an active, non-contributing, pensioner or deferred member who was entitled to a pension under the 1995 Regulations in respect of service in the 1995 Section (“the earlier 1995 Section service”). (2) In the case of a deceased Waiting Period Joiner who, at the date of that Joiner’s death, was an active or non-contributing member, “the basic death pension” for the purposes of paragraph (3) of regulation 203 shall have the meaning given in paragraph (3). (3) The “basic death pension” means twice the appropriate proportion of the deceased member’s pension under regulation 176 and— (a) in the case of a deceased Waiting Period Joiner who was, at the date of that Joiner’s death, an active member that pension includes the greater of— (i) any increase due to such enhancement period that would have applied for the purposes of regulation 182(5) if that Joiner had become entitled to a tier 2 ill-health pension at that date, and (ii) that Joiner’s later 2008 Section service as an active member plus the difference between— (aa) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service as an active member; and (bb) 10 years pensionable service, where the amount of service in paragraph (aa) is less than that specified in paragraph (bb); (b) in the case of a deceased Waiting Period Joiner who was, at the date of that Joiner’s death a non-contributing member, the pensionable service that Joiner was entitled to count under this Section of the Scheme on the date of that Joiner’s death. (4) In the case of a deceased Waiting Period Joiner who was a pensioner member at the date of that Joiner’s death, “the basic death pension” for the purposes of paragraph (3) of regulation 204 shall have the meaning given in paragraph (5). (5) The “basic death pension” means the greater of— (a) twice the appropriate proportion of the deceased Waiting Period Joiner’s annual pension (disregarding any additional pension); and (b) twice the appropriate proportion of the annual pension (disregarding any additional pension), to which that Joiner would have been entitled calculated as the aggregate of that Joiner’s later 2008 Section service plus the difference between— (i) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service, and (ii) 10 years pensionable service, where the amount of service in head (i) is less than that specified in head (ii). (6) In the case of a deceased Waiting Period Joiner who was a deferred member at the date of that Joiner’s death, “the basic death pension” for the purposes of paragraph (3) of regulation 205 shall have the meaning given in paragraph (7). (7) The “basic death pension” means— (a) if the deceased Waiting Period Joiner died within 12 months of the day on which that Joiner ceased to be an active member or a non-contributing member (the cessation date), the amount that would be the basic death pension for the purposes of regulation 203 if that Joiner had died on the cessation date (disregarding any additional pension), and (b) if the deceased Waiting Period Joiner died more than 12 months after ceasing to be an active member or a non-contributing member, the greater of— (i) twice the appropriate proportion of the pension to which that Joiner would have been entitled if that joiner had become entitled to a pension under regulation 176 on the date of death (disregarding any additional pension), and (ii) twice the appropriate proportion of the annual pension to which that Joiner would have been entitled in respect of the aggregate of that Joiner’s later 2008 Section service that has been deferred plus the difference between— (aa) the aggregate of that Joiner’s earlier 1995 Section service and the later 2008 Section service that has been deferred, and (bb) 10 years pensionable service, where the amount of service in paragraph (aa) is less than that specified in paragraph (bb).

PART 4 — Amendment of the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001

Amendment of the Health and Personal Social Services (Injury Benefits) Regulations 2001

52

The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001[^f00014] shall be amended as provided by regulations 53 and 54.

Amendment of regulation 2

53

In regulation 2 (Interpretation)—

• (a) in the definition of “GMS practice”—

• (i) in paragraph (a), after “registered medical practitioner” insert “who is a principal medical practitioner”,

• (ii) in paragraph (b), after “or more” insert “such”;

• (b) at the appropriate place in the alphabetical order, insert—

• “GP performer” has the meaning given in regulation 2 of the 1995 Regulations or, as the case may be, regulation 137 of the 2008 Regulations;
• “GP provider” has the meaning given in regulation 2 of the 1995 Regulations or, as the case may be, regulation 137 of the 2008 Regulations;
• “registered medical practitioner” has the meaning given in section 55 of the Medical Act 1983[^f00015];

54

In paragraph (1)(b)(i) and (2)(b)(i) of regulation 2A (Meaning of “practitioner”), after “registered medical practitioner” insert “who is a GP provider or a GP performer”.

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 1999

55

• (1) The Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999[^f00016] shall be amended as provided by paragraphs (2) to (6).

• (2) At the end of paragraph (1) of regulation 3 (Making and acceptance of elections), insert (as full out words) “Paragraph (1)(a) is subject to regulation 11(1A).”.

• (3) In paragraph (1) of regulation 9 (Inward transfers: mis-sold pensions)—

• (a) after “opting into”, insert “this Section of”;

• (b) after “or rejoin”, insert this Section of”.

• (4) In regulation 11 (Retirement and dependants’ pensions)—

• (a) in paragraph (1), after “Subject to paragraph” insert “(1A) and”;

• (b) after paragraph (1), insert—

(1A) Paragraphs (1B) to (1E) apply where the proceeds of any investment made under regulation 7(1), 8(2) or 9(4) are insufficient for the authorised fund to provide benefits in accordance with paragraph (1) and the participator is unwilling, or unable, to secure benefits in accordance with that paragraph from another insurer. (1B) In the case of a single authorised fund, that fund may discharge its liability for the payment of the benefits described in paragraph (1) by the payment of a lump sum that complies with the conditions in paragraph (1E). (1C) In the case of more than one authorised fund, each such fund may discharge its liability for the payment of the benefits described in paragraph (1), by the payment of a lump sum. (1D) Where paragraph (1C) applies the lump sums referred to in that paragraph must (in aggregate) comply with the conditions in paragraph (1E). (1E) Those conditions are that the lump sum or sums— (a) represent the capital value of the benefits referred to in paragraph (1), and (b) meet the requirements of regulation 12 of the Registered Pension Schemes (Authorised Payments) Regulations 2009[^f00017] (payments by larger pension schemes).

• (c) at the end of paragraph (3), insert (as full out words) “This paragraph is subject to paragraph (1A).”;

• (d) at the end of paragraph (5), insert (as full out words) “This paragraph is subject to paragraph (1A).”;

• (e) in paragraph (7), omit “and paragraph 15 of the Schedule.”.

• (5) In regulation 15 (Payments by the Department)—

• (a) for paragraph (1), substitute—

(1) Subject to paragraph (2), where an authorised provider fails to pay any amount due by way of— (a) an annuity; (b) a pension commencement lump sum; (c) a lump sum death benefit; or (d) a lump sum payment referred to in regulation 11(1B) or (1C), the Department shall be liable to pay that amount.

• (b) in paragraph (3), for “11(4)” substitute “11(1B), 11(1C) or 11(4),”;

• (c) in paragraph (4), before “11(8)” insert “11(1B), 11(1C),”.

• (6) After paragraph 4(8) of Schedule 2 (Pension sharing on divorce or nullity of marriage) add—

(9) This paragraph is subject to regulation 11(1A).

PART 6 — Miscellaneous

Option to persons detrimentally affected by these Regulations

56

• (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).

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 27th August 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 27th August 2010

Jack Layberry — A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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”), the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001 (S.R. 2001 No.367) (“the Injury Benefits Regulations”) and the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 2001 (S.R. 2001 No.294) (“the AVC Regulations”).

Regulation 1 provides for citation, commencement and effect, including that certain provisions of this rule are to take effect from various dates before the date of commencement. Article 14(1) of the Superannuation (Northern Ireland) Order 1972 provides authority for the regulations specified in regulation 1(3) and (4) to take effect as from a date earlier than the making of these Regulations.

The remainder of the Regulations is divided into five Parts, with Parts 2 to 5 amending the 1995 Regulations, the 2008 Regulations, the Injury Benefits 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 (amending the 1995 and 2008 Regulations)—

• introduce new provisions covering the arrangements for certain re-employed pensioner members of the 1995 Section to join the 2008 Section once a specified period of time has passed since retirement (regulations 3(e), 5, 8, 9, 10, 11, 17(d), 20, 21, 24, 25, 26, 27, 28, 29, 30, 34, 35(e), 38, 39 , 41, 42, 43, 44, 45, 46, 47, and 51)

• amend the definition of “Ophthalmic Provider” (regulations 3(a) to (e), 17 (a) to (d) and 35(a) to (e))

• clarify that in certain circumstances persons who have opted out of the 1995 Section and pensioner members of other Health Service schemes (England & Wales, Scotland, and the Isle of Man) will not be permitted to join or re-join that Section (regulations 4(2)(a) to (f), 12, 19 and 37). The changes relating to persons who have opted out and who cannot count any service in the 1995 section are made with retrospective effect from 1st April 2008 (see regulation 1)

• provide for an adjustment to the method of revaluing ‘Additional Pension’ purchased to allow for negative inflation (regulations 14, 23 and 40)

• add, to the range of interested parties that have to be declared in returns completed in connection with the distribution of pensionable earnings between principal dental practitioners, the name of any practice shareholder (regulation 36).

The changes specific to Part 2 (amending the 1995 Regulations)—

• clarify the way in which benefits resulting from a contract to purchase additional service are reduced when the member retires before normal pension age and claims actuarially reduced benefits (regulations 6, 7 and 13);

• clarify the type of contributions to be paid by a host Board, (regulation 15).

The changes specific to Part 3 (amending the 2008 Regulations)—

• amend the definitions associated with the formulae used for calculating reckonable pay (regulation 18)

• provide for employing authorities to pay a contribution to cover the cost of the early payment of the mandatory retirement lump sum paid to an Optant who retires from that authority on grounds of redundancy (regulation 22)

• adjust the income used to assess the abatement of a pension on a pensioner’s re-employment to take account of the mandatory lump sum that must be taken by a 2008 Section Optant (regulations 31 and 48)

• permit the acceptance of an option to join the 2008 Section made by 1995 Section members in certain circumstances with retrospective effect to 1st October 2009 (regulations 32, 33, 49 and 50).

Part 4 amends the Injury Benefits Regulations to insert and update definitions relating to “GP performer”, “GP provider” and “registered medical practitioner” (regulations 53 and 54).

Part 5 (regulation 55) amends the AVC Regulations to—

• enable AVC arrangements to take advantage of HMRC easements under the Registered Pension Schemes (Authorised Payments) Regulations 2009

• provide that a person with AVC proceeds totalling less than £2000 who is unable to secure an annuity, will be able to take payment in the form of a lump sum

• incorporate references to the 1995 and 2008 Health and Social Care Pension Scheme Regulations.

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 56).

Footnotes

[^f00002]: S.R. 1995 No.95

[^f00003]: S.R. 2008 No.256

[^f00004]: 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; S.R. 2010 No.22

[^f00005]: 1983 c.54

[^f00006]: 1971 c.35 (N.I.)

[^f00007]: S.R. 2008 No.256 as amended by S.R. 2009 Nos.65 and 188; S.R. 2010 No.22

[^f00008]: S.R. 2007 No.436

[^f00009]: S.I. 1983 c.54

[^f00010]: S.R. 1983 No.155 as amended by S.R. 2008 No.96, regulation 4

[^f00011]: 1971 c.35 (N.I.)

[^f00012]: 1983 c.54

[^f00013]: S.R. 1983 No.155 as amended by S.R. 2008 No.96, regulation 4

[^f00014]: S.R. 2001 No.367 as amended by S.R. 2005 No.533; S.R. 2006 Nos.159 and 410; S.R. 2008 Nos.130 and 350; S.R. 2009 Nos.65 and 188

[^f00015]: 1983 c.54

[^f00016]: S.R. 1999 No.294 as amended by S.R. 2002 No.129; S.R. 2004 No.104; S.R. 2005 Nos.154 and 533; S.R. 2006 No.410; S.R. 2008 Nos.130 and 350; S.R. 2010 No.22

[^f00017]: S.I. 2009/1171