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

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Amendments to the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999

2.—(1) The Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999(1) shall be amended as provided by paragraphs (2) to (15).

(2) In regulation 2(1) (Interpretation)—

(a)omit the definitions of “child”, “date of retirement”, “dependant”, “HPSS Superannuation Scheme”, “normal benefit age”, and “retirement”;

(b)insert the following definitions at the appropriate place in alphabetical order—

“the 2008 Regulations” means the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008(2);;

“child” means a person who qualifies for—

(a)

a child’s allowance under regulation 33 or 34 to 38 of the 1995 Regulations; or

(b)

a child’s pension under regulation 74 or 201 of the 2008 Regulations;;

“date of retirement” means the date on which benefits become payable to the participator under—

(a)

regulation 12 to 16 or 49 of the 1995 Regulations; or

(b)

regulation 45, 48, 49, 52, 54, 55, 176, 179, 180, 182 or 184 of the 2008 Regulations;;

“dependant” means—

(a)

a surviving spouse of a participator (providing the marriage was not, prior to 1st April 1995, subject to an order of judicial separation);

(b)

any surviving child of a participator; or

(c)

any person in whose favour a participator has made an election under—

(i)

regulation 39 of the 1995 Regulations; or

(ii)

regulation 62 or 189 of the 2008 Regulations;

(d)

a surviving civil partner or surviving nominated partner;;

“HPSS Superannuation Scheme” means the Health and Social Care Superannuation Scheme, the rules of which are set out in the 1995 Regulations and the 2008 Regulations, as the case may be;;

“normal benefit age”, in relation to the AVC scheme, means—

(a)

in the case of a person whose pension arrangements are governed by the 1995 Regulations, the age of 60;

(b)

in any other case, the age of 65;;

“superannuable service” is to be construed in accordance with whichever of the following is applicable—

(a)

regulation 4 of the 1995 Regulations;

(b)

regulation 7 or 139 of the 2008 Regulations; and where those Regulations apply, has the same meaning as “pensionable service;”;;

“retirement” is to be construed in accordance with whichever of the following is applicable—

(a)

the 1995 Regulations;

(b)

the 2008 Regulations;;

(c)for the definition of “authorised fund” substitute—

“authorised fund” means a fund managed by—

(a)

an authorised provider selected by the Department for the purposes of these Regulations; or

(b)

any successor, transmittee or assignee of any person in paragraph (a) who is—

(i)

an authorised provider; and

(ii)

approved by the Department;.

(3) In regulation 2(2), for “the 1995 Regulations” substitute “the 1995 Regulations or the 2008 Regulations, as the case may be”.

(4) In regulation 3 (Making and acceptance of elections)—

(a)in paragraph (3)(b), after “Regulations” add “(Contributions by members) or regulation 27 or 160 of the 2008 Regulations (Contributions by members) as the case may be”;

(b)in paragraph (5)(a) omit “, 4(4),”;

(c)in paragraph (6)—

(i)for “Subject to” substitute “In the case of a person who is governed by the 1995 Regulations, subject to”; and

(ii)for “4(4)” substitute “4(3)”;

(d)after paragraph (6) insert—

(6A) In the case of a person who is governed by the 2008 Regulations, subject to paragraph (5)(b) and regulation 4(3)—

(a)if contributions are paid for the purposes of paragraph (1)(b)—

(i)until the contributor reaches their 65th birthday; and

(ii)on reaching their 65th birthday they continue to be in pensionable employment,

the contributor may elect for further contributions to be paid until they reach their 66th birthday; and

(b)a person to whom paragraph (a) applies may continue to elect annually for further contributions to be paid provided they continue to be in pensionable employment.

(5) In regulation 4 (Payment and amount of additional voluntary contributions)—

(a)in paragraph (3)(b), after “Regulations” add “or the 2008 Regulations (as the case may be)”;

(b)after paragraph (3) insert—

(3A) In this regulation—

“employer” has the same meaning as “employing authority” in the 1995 Regulations or the 2008 Regulations (as the case may be) and, where the context requires, includes a host Health and Social Services Board (as defined in the relevant Regulations); and

“salary” includes superannuable pay, superannuable earnings, pensionable pay or pensionable earnings (within the meaning of the 1995 Regulations or the 2008 Regulations (as the case may be))..

(6) In regulation 5(2)(a) (Variation and cancellation of elections) omit “and (4)”.

(7) In regulation 6 (Circumstances in which elections cease to have effect)—

(a)after paragraph (1)(a) insert—

(aa)receives payment of benefits under regulations 45, 48, 49, 51, 53, 55, 176, 179, 180, 183, or 185 of the 2008 Regulations;;

(b)in paragraph (1)(c), after “(Opting out of the scheme)” insert “or regulation 25 or 157 of the 2008 Regulations (Opting out of the scheme) as the case may be”;

(c)in paragraph (1)(d), after “(Contributions by members)” insert “or regulation 27 or 160 of the 2008 Regulations (Contributions by members) as the case may be”;

(d)in paragraph (2), after “(1)(a)” insert “, (aa)”.

(8) In regulation 10 (Outward transfers)—

(a)for paragraph (4) substitute—

(4) If the Department is required under paragraph (1) to make a transfer payment in circumstances where a transfer payment in respect of an eligible person is also provided and used in accordance with—

(a)regulation 53 of the 1995 Regulations (Member’s right to transfer or buy-out); or

(b)regulation 93 or 220 of the 2008 Regulations (Introduction: rights to transfer value payment),

the Department must do so in accordance with the time limits specified in whichever of the following is applicable—

(i)regulation 56 of the 1995 Regulations;

(ii)regulation 96 or 223 of the 2008 Regulations,

as if any reference in the regulations specified in head (i) or (ii) to an application were a reference to the notice referred to in paragraph (1).;

(b)for paragraph (8)(b)(ii) substitute—

(ii)to whom regulation 58 of the 1995 Regulations or regulation 106 or 233 of the 2008 Regulations applies..

(9) In regulation 11 (Retirement and dependants' pensions)—

(a)for paragraph (2)(b) substitute—

(b)any dependant’s pension which is payable under it is payable only on the death of the participator after his retirement and is payable to the dependant for life, except that—

(i)in the case of a dependant who is a child to whom regulations 32 to 38 of the 1995 Regulations (Child Allowance) applies, it shall cease to be payable when that person ceases to be a dependent child within the meaning of those Regulations; or

(ii)in the case of a dependant who is a child to whom regulation 75 or 202 of the 2008 Regulations (Meaning of dependant child) applies, it shall cease to be payable when that person ceases to be a dependent child within the meaning of those Regulations; and;;

(b)in paragraph (5A), after “of the 1995 Regulations” insert “(Benefits for members or preserved pension) or regulation 45, 48, 49, 52, 54, 55, 176, 179, 180, 182 or 184 of the 2008 Regulations (Normal retirement pensions, actuarially reduced pensions, ill health and early retirement pensions)”;

(c)in paragraph (8), after “1995 Regulations” insert “or the 2008 Regulations (as the case may be)”.

(10) In regulation 14 (Repayment of investments in certain cases)—

(a)for paragraph (1)(b) substitute—

(b)and has applied for a refund of contributions under—

(i)regulation 50 of the 1995 Regulations (Refund of contributions); or

(ii)regulation 44 or 175 of the 2008 Regulations (Repayment of contributions),;

(b)omit paragraph (1)(c).

(11) In regulation 15 (Payments by the Department)—

(a)in paragraph (3)—

(i)after “spouse” (where it first and last occurs) insert “, nominated partner”;

(ii)after “(Payment of Lump Sum)” add “, regulation 87 or 214 of the 2008 Regulations (Payment of lump sums on death)”;

(b)in paragraph (9), after “of the 1995 Regulations” insert “(Benefits for members, or preserved pension) or regulation 45, 48, 49, 52, 54, 55, 176, 179, 180, 182 or 184 of the 2008 Regulations (Normal retirement pensions, actuarially reduced pensions, ill health and early retirement pensions)”;

(c)for paragraph (10) substitute—

(10) In the case of a participator to whom any of the following provisions apply—

(a)regulation 13(7), 13A(7) or 49(5) of the 1995 Regulations (Ill health pensions and preserved pensions);

(b)regulation 59 or 186 of the 2008 Regulations (Option for members in serious ill-health to exchange whole pension for lump sum),

the Department may realise the investments made under these Regulations without purchasing an annuity and, in that event, the proceeds shall be payable to the participator as a lump sum..

(12) In regulation 19 (Offset for crime, negligence or fraud), after “of the 1995 Regulations” insert “(Offset for crime, negligence or fraud) or regulation 129 or 253 of the 2008 Regulations (Reduction in benefits in cases where loss caused by member’s crime, negligence or fraud)”.

(13) In regulation 20 (Loss of rights to benefits), after “of the 1995 Regulations” insert “(Loss of rights to benefits) or regulation 130 or 254 of the 2008 Regulations (Forfeiture of rights to benefits)”.

(14) For regulation 22 (Tax) substitute—

22.(1) Benefits payable under these Regulations shall be paid net of any tax due under the 2004 Act.

(2) For the purposes of the 2004 Act, the administrator of the AVC scheme shall be the Department..

(15) In Schedule 2 (Pension sharing on divorce or nullity of marriage)—

(a)in paragraph 1(5)(b), after “of the 1995 Regulations” insert—

or regulation 75 or 202 of the 2008 Regulations (Meaning of dependant child);

(b)in paragraph 4(8), after “(Benefits or preserved pension)” insert—

or regulation 45, 47, 49, 52, 54, 55, 176, 179, 180, 182 or 184 of the 2008 Regulations (Normal retirement pensions, actuarially reduced pensions, ill health and early retirement pensions);

(c)for paragraph 7(2)(b) substitute—

(b)the total benefits payable would be treated as a trivial amount under paragraph 5(1)(b) of Schedule 2A to the 1995 Regulations or regulation 128 or 252 of the 2008 Regulations.;

(d)in paragraph 11(2), after “widower” (where three times occurring) insert “, nominated partner”;

(e)after paragraph 11(4)(c) add—

(d)shall nominate the whole of the lump sum to a nominee and, in the case of a notice that specifies more than one person, shall also specify the percentage of the lump sum to be paid to each such person,;

(f)after paragraph 11(4) add—

(5) A notice given under sub-paragraph (3) must specify one or more persons who may be—

(a)an individual;

(b)a body corporate;

(c)an unincorporated body;

(d)the member’s personal representatives,

but must not specify one or more persons referred to in sub-subparagraph (a) together with a body referred to in either of sub-subparagraph (b) or (c).;

(g)in paragraph 13(1)(a), after “(Offset for crime, negligence or fraud)” insert—

or regulation 129 or 253 of the 2008 Regulations (Reduction in benefits in cases where loss caused by member’s crime, negligence or fraud and forfeiture of rights to benefits);

(h)in paragraph 14(1)(a), after “(Loss of rights to benefits)” insert—

or regulation 130 or 254 of the 2008 Regulations (Forfeiture of rights to benefits)..

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