PART 2AMENDMENT OF THE HEALTH AND SOCIAL CARE (PENSION SCHEME) REGULATIONS (NORTHERN IRELAND) 2008

Amendment of regulation 3132

1

Regulation 31 (Contributions by employing authorities: general), is amended as provided by paragraphs (2) and (3).

2

For paragraph (2) substitute—

2

In specifying such a rate, the Department must—

a

obtain the consent of the Department of Finance and Personnel; and

b

take account of the advice of the Scheme actuary and the cost of providing for any increase in pensions under the Scheme as a result of orders made under the provisions of the Pensions (Increase) Act (Northern Ireland) 197112 and Article 69 of the Social Security Pensions (Northern Ireland) Order 197513.

3

After paragraph (5) add—

6

In any particular case the Department may direct that, for the purposes of this Chapter, “employing authority” includes one or more of—

a

the transferee under a transfer of staff order pursuant to—

i

Article 3(4)(b) of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 199014, or

ii

paragraph 24(2) of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 199115;

b

without limiting sub-paragraph (a), a successor, transmittee or assignee of an employing authority’s business or functions; and

c

the last employing authority of a person to whom these Regulations apply.