The Health and Personal Social Services (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Amendment) Regulations (Northern Ireland) 2008

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 Superannuation Scheme Regulations”), the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 367) (“the Injury Benefits Regulations”), the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999 (S.R. 1999 No.294) (“the AVC Regulations”) and the Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 155) (“the Compensation Regulations”).

Regulation 1 provides for citation, commencement and retrospective effect, including that certain provisions of this instrument are to take effect from various dates. Retrospective effect is provided for by Article 14(1) of the Superannuation (Northern Ireland) Order 1972.

Regulation 2 provides for interpretation.

Regulation 3 makes the following principal changes to the Superannuation Scheme Regulations by—

• providing that certain employers of people subject to a direction made under Article 12(6) of the Superannuation (Northern Ireland) Order 1972 and subject to such modifications to these Regulations as the Department may in any particular case direct, any employer of such a person that the Department agrees to treat as an employing authority for the purposes of these Regulations;

• inserting a new definition of “Scheme Actuary” and replacing references to “Government Actuary” with “Scheme actuary”;

• clarifying regulation 11 (contributions by employing authorities) so that it is clear that amounts due to the Department pursuant to the Regulations may be recovered from the transferee or successor of a person’s employing authority or his last employing authority;

• extending death in service benefits where members whose HPSS employment had ceased to be superannuable solely by virtue of having the maximum amount of reckonable service under the scheme;

• clarifying that any request for allocation of pension under regulation 39 (allocation of pension) should be made after making the claim for payment of benefits but before the pension is put into payment;

• providing that parental leave and “keeping in touch” days during maternity leave fall within the scope of regulation 65 (absence because of illness or injury or certain types of leave);

• providing that members who are moderate earners and who have reduced service as a result of dissolution or annulment of marriage (or, after 5th December 2005, civil partnership) may re-build their service under regulation 67 (right to buy additional service);

• clarifying that the regulations apply to non-GP Providers with the modifications set out in paragraphs 3, 4, 5, 10 and 23 of Schedule 2 to the Superannuation Scheme Regulations;

• clarifying for regulation 78(4) (comparable whole-time employment) that in respect of a part-time member a greater amount of earnings than a comparable whole-time employment will be ignored for the purpose of determining a member’s actual final year’s superannuable pay;

• providing for a lump sum to be payable on death in superannuable re-employment under regulation 87 (benefits on death in superannuable employment after pension becomes payable);

• providing in regulation 88 (claims for benefits) that an applicant must provide the Department with permission to see information relating to that person or their entitlement where such information is held by a third party;

• removing the benefit waiver provisions in regulation 89A (deduction of tax: further provisions);

• providing that any dispute relating to the operation of the Regulations shall be resolved by the Department in accordance with a dispute resolution procedure issued from time to time in conformity with Article 50 of the Pensions (Northern Ireland) Order 1995.

Regulation 4 amends the Injury Benefits Regulations by—

• providing that certain employers of people subject to a direction made under Article 12(6) of the Superannuation (Northern Ireland) Order 1972 and subject to such modifications to these Regulations as the Department may in any particular case direct, any employer of such a person that the Department agrees to treat as an employing authority for the purposes of these Regulations;

• removing the requirement for the reduction in emoluments of an employment to be permanent for the purposes of regulation 4(4) (allowance on reduction in emoluments);

• clarifying regulation 5 (recovery of costs) so that it is clear that benefits paid by the Department pursuant to the Regulations may be recharged to the transferee or successor of a person’s employing authority or his last employing authority;

• providing in regulation 19A (claims for benefits) that an applicant must provide the Department with permission to see information relating to that person or their entitlement where such information is held by a third party; and

• providing that any dispute relating to the operation of the Regulations shall be resolved by the Department in accordance with a dispute resolution procedure issued from time to time in conformity with Article 50 of the Pensions (Northern Ireland) Order 1995.

Regulation 5 amends the AVC Regulations by—

• providing that an authorised fund includes a fund managed by a successor or assignee of the authorised provider selected by the Department;

• amending the definition of “authorised provider” to refer to the provisions of section 154(1)(a) to (g) of the Finance Act 2004 (c. 12); and

• providing that any dispute relating to the operation of the Regulations shall be resolved by the Department in accordance with a dispute resolution procedure issued from time to time in conformity with Article 50 of the Pensions (Northern Ireland) Order 1995.

Regulation 6 amends the Compensation for Premature Retirement Regulations by—

• removing obsolete definitions from regulation 2 (interpretation);

• providing that certain employers of people subject to a direction made under Article 12(6) of the Superannuation (Northern Ireland) Order 1972 and subject to such modifications to these Regulations as the Department may in any particular case direct, any employer of such a person that the Department agrees to treat as an employing authority for the purposes of these Regulations; and

• providing that any dispute relating to the operation of the Regulations shall be resolved by the Department in accordance with a dispute resolution procedure issued from time to time in conformity with Article 50 of the Pensions (Northern Ireland) Order1995.