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The Health and Personal Social Services (Superannuation Scheme and Compensation for Premature Retirement) (Amendment) Regulations (Northern Ireland) 2008

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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 (“the Superannuation Scheme Regulations”), which make provision for the superannuation of HPSS employees, and the Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983 (“the Compensation for Premature Retirement Regulations”), which provide for the payment of compensation to or in respect of a person who was a HPSS employee and has prematurely retired from that employment.

The Regulations shall have retrospective effect as authorised by Article 14(1) and 19(3) of the Superannuation (Northern Ireland) Order 1972.

Regulations 1 and 2 provide for the citation, commencement, retrospective effect and interpretation of the regulations.

Regulation 3 amends the Superannuation Scheme Regulations by—

  • inserting a reference to new regulation 14A in regulation 11 (Contributions by employing authorities)

  • substituting regulation 14 (Early retirement pension (redundancy etc)) with regulations 14, 14A, 14B, 14C and 14D which deal with members who are made redundant before 1st October 2011 (14); members whose superannuable employment is terminated by their employing authority (whether before or after that date) (14A); a member’s notification as to whether he wishes 14 or 14A to apply to him (14B); special provisions for special classes (14C) and the right of a member who is entitled to a pension under regulation 14A to claim a pension under regulations 12 or 16 (14D)

  • inserting references to new regulation 14A in regulations 57 (Early leaver without pension or preserved pension); 75 (Nurses, physiotherapists, midwives and health visitors); 76 (Mental health officers); 77 (Members doing more than one job) and 78 (Part-time employment).

Regulation 4 amends the Compensation for Premature Retirement Regulations by—

  • substituting a new regulation 3 (Persons to whom the Regulations apply) so that it refers to both regulation 14 and 14B of the Superannuation Scheme Regulations.

  • inserting a reference to new paragraphs (1A), (1B), (1C), and (1D) in regulation 5 (Crediting of additional period of service). This is in respect of the calculation of additional periods of service for those who are made redundant on, or after, 1st December 2006 but before 1st October 2008 (new paragraphs (1A) to (1D))

  • inserting paragraphs (5A) and (5B) in regulation 5 (Crediting of additional period of service).

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