Public Service Pensions Act (Northern Ireland) 2014

1. Introductory Text

2. Establishment of new schemes

   1. 1. Schemes for persons in public service

   2. 2. Responsible authority for schemes

   3. 3. Scheme regulations

3. Governance

   1. 4. Scheme manager

   2. 5. Pension board

   3. 6. Pension board: information

   4. 7. Scheme advisory board

4. Design

   1. 8. Types of scheme

   2. 9. Revaluation

   3. 10. Pension age

5. Cost control

   1. 11. Valuations

   2. 12. Employer cost cap

   3. 12A. Sections 11 and 12: restricted schemes

   4. 13. Employer contributions in funded schemes

6. Administration

   1. 14. Information about benefits

   2. 15. Information about schemes

   3. 16. Records

   4. 17. Regulatory oversight

7. Transitional

   1. 18. Restriction of existing pension schemes

   2. 19. Closure of existing injury and compensation schemes

   3. 20. Final salary link

8. Procedure for scheme regulations

   1. 21. Consultation

   2. 22. Procedure for protected elements

   3. 23. Procedure for retrospective provision

   4. 24. Other procedure

9. New schemes: supplementary

   1. 25. Extension of schemes

   2. 25A. Extension of schemes where definition of “the judiciary” expanded

   3. 26. Non-scheme benefits

   4. 27. Consequential and minor amendments

10. Existing schemes: supplementary

    1. 28. Existing local government scheme

    2. 29. Existing schemes for civil servants: extension of access

    3. 30. Police pensions

11. Public body pension schemes

    1. 31. New public body pension schemes

    2. 32. Power to restrict other existing public body pension schemes

    3. 33. Existing public body pension schemes: pension age

12. General

    1. 34. General interpretation

    2. 35. Regulations, orders and directions

13. Final

    1. 36. Financial provision

    2. 37. Commencement

    3. 38. Short title

14. SCHEDULES

    1. SCHEDULE 1

       Persons in public service: definitions

       1. Civil servants

          1. 1. In this Act, “civil servants” means persons employed in the...

       2. Holders of judicial office

          1. 2. (1) In this Act, “holders of judicial office” means holders...

       3. Local government workers

          1. 3. (1) In this Act, “local government workers” means persons employed...

       4. Teachers

          1. 4. In this Act, “teachers” includes persons who are employed otherwise...

       5. Health service workers

          1. 5. (1) In this Act, “health service workers” means persons engaged...

       6. Fire and rescue workers

          1. 6. In this Act, “fire and rescue workers” means persons employed...

       7. Members of the police service

          1. 7. In this Act “members of the police service” means—

    2. SCHEDULE 2

       Responsible authorities

       1. Civil servants

          1. 1. Scheme regulations for civil servants may be made by the...

       2. Holders of judicial office

          1. 2. Scheme regulations for holders of judicial office may be made...

       3. Local government workers

          1. 3. Scheme regulations for local government workers may be made by...

       4. Teachers

          1. 4. Scheme regulations for teachers may be made by the Department...

       5. Health service workers

          1. 5. Scheme regulations for health service workers may be made by...

       6. Fire and rescue workers

          1. 6. Scheme regulations for fire and rescue workers may be made...

       7. Members of the police service

          1. 7. Scheme regulations for members of the police service may be...

    3. SCHEDULE 3

       Scope of scheme regulations: supplementary matters

       1. 1. Eligibility and admission to membership. This includes—

       2. 2. The benefits which must or may be paid under the...

       3. 3. The persons to whom benefits under the scheme are payable....

       4. 4. The conditions subject to which benefits are payable.

       5. 5. The assignment of benefits, including restrictions on assignment.

       6. 6. The forfeiture or suspension of benefits.

       7. 7. The recovery of overpaid benefits.

       8. 8. The exclusion of double recovery of compensation or damages. This...

       9. 9. Contributions, including— (a) the making of contributions by employers and...

       10. 10. The payment or receipt of transfer values or other lump...

       11. 11. Pension funds (for schemes which have them). This includes the...

       12. 12. The administration and management of the scheme, including—

       13. 13. The delegation of functions under scheme regulations, including—

       14. 14. The payment by an employer of— (a) any costs relating...

       15. 15. The resolution of disputes and appeals (including the referral to...

    4. SCHEDULE 4

       Regulatory oversight

       1. 1. The Pensions (Northern Ireland) Order 2005 is amended as follows....

       2. 2. (1) Article 2 (general interpretation) is amended as follows.

       3. 3. (1) Article 9 (improvement notices) is amended as follows.

       4. 4. After Article 10 insert— Appointment of skilled person to assist...

       5. 5. (1) In Article 13 (power of the Regulator to recover...

       6. 6. In Article 65 (duty to report breaches of the law),...

       7. 7. After Article 65 insert— Reporting late payment of employer contributions...

       8. 8. (1) Article 66 (reports by skilled persons) is amended as...

       9. 9. In Article 67 (provision of information), in paragraph (2), after...

       10. 10. In Article 68 (inspection of premises), in paragraph (2)—

       11. 11. In Article 84 (reports), at the end insert—

       12. 12. After Article 84 insert— Reports about misappropriation, etc. in public...

       13. 13. (1) Article 85 (codes of practice) is amended as follows....

       14. 14. After Article 85 insert— Codes of practice: public service pension...

       15. 15. (1) Article 86 (procedure for codes) is amended as follows....

       16. 16. In Article 87 (revocation of codes), in paragraph (1), after...

       17. 17. In Article 88 (procedure for regulatory functions), in paragraph (2),...

       18. 18. In Article 138 (requirement to wind up schemes with sufficient...

       19. 19. After Article 225 insert— Requirement for knowledge and understanding: pension...

       20. 20. In Article 226A (requirement for internal controls), in paragraph (3)—...

       21. 21. After Article 226A insert— Requirement for internal controls: public service...

    5. SCHEDULE 5

       Existing pension schemes

       1. Civil servants

          1. 1. A scheme under Article 3 of the Superannuation Order. Exceptions:...

       2. Holders of judicial office

          1. 2. A scheme constituted by or made under any provision of...

       3. Local government workers

          1. 3. Regulations under Article 9 of the Superannuation Order. Exception: injury...

       4. Teachers

          1. 4. Regulations under Article 11 of the Superannuation Order. Exception: injury...

       5. Health service workers

          1. 5. Regulations under Article 12 of the Superannuation Order. Exception: injury...

       6. Fire and rescue workers

          1. 6. An order under Article 10 of the Fire Services (Northern...

       7. Members of the police service

          1. 7. A scheme under section 25(2)(k) or 26(2)(g) of the Police...

    6. SCHEDULE 6

       Existing injury and compensation schemes

       1. Civil servants

          1. 1. A scheme under Article 3 of the Superannuation Order. Specified...

       2. Local government workers

          1. 2. Regulations under Article 9 of the Superannuation Order. Specified benefits:...

       3. Teachers

          1. 3. Regulations under Article 11 of the Superannuation Order. Specified benefits:...

       4. Health service workers

          1. 4. Regulations under Article 12 of the Superannuation Order. Specified benefits:...

       5. Fire and rescue workers

          1. 5. Article 10 of the Fire Services (Northern Ireland) Order 1984....

       6. Members of the police service

          1. 6. A scheme under section 25(2) or 26(2) of the Police...

       7. Compensation schemes for loss of office, etc.

          1. 7. Regulations under Article 19 of the Superannuation Order.

    7. SCHEDULE 7

       Final salary link

       1. Persons who remain in an old scheme for past service

          1. 1. (1) This paragraph applies in a case where—

       2. Persons whose benefits under an old scheme are transferred to another closed scheme

          1. 2. (1) This paragraph applies in a case where—

       3. Continuity of employment

          1. 3. (1) For the purposes of paragraphs 1(2)(a) and 2(2)(a), there...

       4. Movement between new schemes

          1. 4. Where the condition in sub-paragraph (1)(b) of paragraph 1 or...

       5. Final salary link not to apply again to a pension in payment

          1. 5. (1) Scheme regulations may provide that where a pension in...

    8. SCHEDULE 8

       Consequential and minor amendments

       1. Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29)

          1. 1. In section 2 of the Lands Tribunal and Compensation Act...

       2. Pensions (Increase) Act (Northern Ireland) 1971 (c. 35)

          1. 2. After section 8 of the Pensions (Increase) Act (Northern Ireland)...

          2. 3. Schedule 2 to the Pensions (Increase) Act (Northern Ireland) 1971...

          3. 4. After paragraph 2 insert— A pension payable under a scheme made by the Department...

          4. 5. After paragraph 3A insert— A pension payable by the Department of Education under a...

          5. 6. Before paragraph 6 insert— A pension payable by the Department of Justice under a...

          6. 7. After paragraph 7A there is inserted— A pension payable by the Department of Health, Social Services...

          7. 8. After paragraph 14A insert— A pension payable under a defined benefits scheme, within the...

          8. 9. After paragraph 16 insert— A pension payable under a defined benefits scheme, within the...

       3. Superannuation (Northern Ireland) Order 1972 (NI 10)

          1. 10. The Superannuation Order is amended as follows.

          2. 11. In Article 3 (superannuation schemes as respects civil servants, etc.),...

          3. 12. In Article 9 (superannuation of persons employed in local government...

          4. 13. In Article 11 (superannuation of teachers), after paragraph (1) insert—...

          5. 14. In Article 12 (superannuation of persons engaged in health services,...

          6. 15. In Article 19 (compensation for loss of office, etc.), after...

       4. Fire Services (Northern Ireland) Order 1984 (NI 11)

          1. 16. In Article 10 of the Fire Services (Northern Ireland) Order...

       5. Judicial Pensions and Retirement Act 1993 (c. 8)

          1. 17. In section 1 of the Judicial Pensions and Retirement Act...

          2. 18. In section 11 of that Act (provision against pensions under...

       6. Pension Schemes (Northern Ireland) Act 1993 (c. 49)

          1. 19. The Pension Schemes (Northern Ireland) Act 1993 is amended as...

          2. 20. (1) Section 67 (short service benefit) is amended as follows....

          3. 21. In section 79 (scope of Chapter 2: revaluation of accrued...

       7. Police (Northern Ireland) Act 1998 (c. 32)

          1. 22. The Police (Northern Ireland) Act 1998 is amended as follows....

          2. 23. In section 25 (regulations for Police Service of Northern Ireland),...

          3. 24. In section 26 (regulations for reserve constables in Northern Ireland),...

       8. Social Security (Northern Ireland) Order 1998 (NI 10)

          1. 25. In Schedule 1 to the Social Security (Northern Ireland) Order...

    9. SCHEDULE 9

       Existing schemes for civil servants: extension of access

       1. 1. The Superannuation Order is amended as follows.

       2. 2. In Article 3 (superannuation schemes as respects civil servants, etc.),...

       3. 3. After Article 3 insert— List of employments and offices for...