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The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

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Regulation 152

SCHEDULE 13Definitions

This schedule has no associated Explanatory Memorandum

Table

Column 1

Word or expression

Column 2

Meaning or reference to provision where meaning is to be found

the 1972 OrderHealth and Personal Social Services (Northern Ireland) Order 1972(1)
the 1993 ActPension Schemes (Northern Ireland) Act 1993(2)
the 1995 OrderPensions (Northern Ireland) Order 1995(3)
the 1995 RegulationsThe Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995(4)
the 1995 SectionThe section of the Health and Social Care Pension Scheme set out in the 1995 Regulations
the 1999 OrderWelfare Reform and Pensions (Northern Ireland) Order 1999(5)
the 2004 ActFinance Act 2004(6)
the 2008 RegulationsThe Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008(7)
the 2008 SectionThe section of the Health and Social Care Pension Scheme set out in the 2008 Regulations
the 2014 ActPublic Service Pensions Act (Northern Ireland) 2014(8)
accrual ratethe fraction of pensionable earnings that accrue as earned pension for a financial year
accrued rightsdoes not include a right to benefits attributable, directly or indirectly) to a pension credit
active membersee Article 124(1) of the 1995 Order. Except where the context otherwise requires refers to membership of this scheme (but see regulation 84(3)
actuarial reductionsee paragraph 9 of schedule 7
additional pensionunless the context otherwise requires, so much of a pension payable by virtue of contributions payable under Chapter 5 of Part 4
allocation amountthe amount of pension allocated in consequence of making an allocation election
allocation electionan election under regulation 50
APMS contractarrangements under Article 56(2)(b) of the 1972 Order (primary medical services) between the RHSCB and an APMS contractor
APMS contractor

a person—

(a) with whom the RHSCB has made arrangements under Article 56(2)(b) of the 1972 Order, and

(b) who has entered into, or would be eligible to enter into, a GMS contract for the provision of primary medical services

automatic enrolment datesee section 3(7) of the Pensions (No.2) Act (Northern Ireland) 2008(9)
automatic re-enrolment datesee regulation 12 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010(10)
base rate

(a) The Bank of England base rate announced from time to time by the Monetary Policy Committee of the Bank as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or

(b) If an order under section 19 of the Bank of England Act 1998(11) is in force, an equivalent rate determined by the Treasury under that section.

Board and advisory workSee paragraph 1 of Schedule 8
certification servicesServices related to the provision of medical certificates listed in Schedule 3 to the GMC Contracts Regulations
connected schemesee section 4(6) of the 2014 Act, but the provisions of the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999(12) are not a connected scheme for the purposes of these Regulations
conversion amountsee paragraph 10 of Schedule 7
corresponding health service scheme(a) a pension scheme provided under regulations made under section 1(2)(e) of the Public Service Pensions Act 2013(13) and having effect in England & Wales and Scotland
corresponding schemea corresponding health service scheme the provisions of which the Department has determined correspond to the provisions of these Regulations.
deferred member

in relation to a period of pensionable service is a person (P) who—

(a) ceases to be an active member in relation to that period of service before P reaches normal pension age;

(b) does not become a pensioner member in relation to that period of service; and

(c) has at least two years’ qualifying service or in respect of whom a transfer payment otherwise than from another occupational pension scheme has been received

dental providersee paragraph 5 of Schedule 5
dental practitionersee paragraph 7 of Schedule 5
determination employersee paragraph 8 of Schedule 5
employing authoritysee regulation 32(7)
GDS arrangementsarrangements for the provision of general dental services under Article 61 of the 1972 Order
GDS providera person who is party to GDS arrangements
GMS contracta contract under Articles 57 and 57A of the 1972 Order
GMS Contracts Regulationsthe Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004(14)
GMS practice

(a) a registered medical practitioner who belongs to group D in regulation 27(1); or

(b) two or more such individuals practising in partnership; or

(c) a company limited by shares

with whom the RHSCB has entered into a GMS contract

GOS arrangementshas the meaning given by regulation 13 of the General Ophthalmic Services Regulations (Northern Ireland) 2007(15)
GP registrarMeans a medical practitioner who is being trained in general practice by a general medical practitioner who is approved under article 4(5)(d) for the purpose of providing training under article 5(1)(c)(i) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(16)
guaranteed minimum pensionsee the 1993 Act, section 4(17)
health service workera person engaged in the provision of health services under the 1972 Order
HSC employment

employment or engagement of an individual who is of a description in—

(a) any of sub-paragraphs (a) to (d) of paragraph (1) of regulation 18, or

(b) sub-paragraph (a) or (b) of paragraph (2) of that regulation,

Unless the scheme manager certifies that the employment is not HSC employment

HSC organisationsee paragraph 1 of Schedule 5
lifetime allowancein relation to a person, has the meaning given in section 218 of the 2004 Act(18)
locum Practitioner

means a registered medical practitioner (other than a GP Registrar) whose name is included in a medical performer’s list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by—

(a) a GMS practice;

(b) an APMS contractor;

(c) an OOH provider; or

(d) the RHSCB

To deputise or assist temporarily in the provision of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification or collaborative services (or any combination thereof).

medical contractorsee paragraph 4 of Schedule 5
medical performers listmeans a list of registered medical practitioners prepared and published in accordance with the Health and Personal Social Services (Primary Medical Performers Lists) Regulations (Northern Ireland) 2004(19)
medical practitionersee regulation 150
member

in relation to this scheme means—

(a) an active member;

(b) a deferred member;

(c) a pensioner member; or

(d) a pension credit member

non-GP provider

(a) a partner in a partnership that is a GMS practice who is not a GP provider and who demonstrates to the satisfaction of the Department that he assists in the provision of health and personal social services provided by that practice;

(b) a partner in a partnership—

(i) all of whose members have entered into a PMS agreement for the provision of primary medical services, but

(ii) who is not a GP provider and who demonstrates to the satisfaction of the Department that he assists in the provision health and personal social services provided by that partnership;

(c) a partner in a partnership that is an APMS contractor--

(i) that has entered into an APMS contract for the provision of primary medical services, but

(ii) who is not a GP provider and who demonstrates to the satisfaction of the Department that he assists in the provision of health and personal social services provided by that partnership;

(d) a shareholder in a company limited by shares that is—

(i) a GMS practice, or

(ii) a PMS practice or APMS contractor that has entered into a PMS agreement or APMS contract for the provision of primary medical services,

but who is not a GP provider and who demonstrates to the satisfaction of the Department that he assists in the provision of health and personal social services provided by that company;

(e) an individual who is a PMS practice or an APMS contractor but who is not a GP provider and who demonstrates to the satisfaction of the Department that he participates in the provision of health and personal social services

normal minimum pension agesee section 279(1) of the 2004 Act
normal pension ageis determined in accordance with section 10 of the 2014 Act
OOH providersee regulation 149
OOH services

services which are required to be provided in the out of hours period which, if provided during core hours by a GMS practice or an APMS contractor to patients whom the practice or contractor is required by its GMS contract or APMS contract to provide essential services, would be or would be similar to essential services

In this definition—

(a) “core hours” means the period beginning 8am and ending 6:30pm on any day from Monday to Friday except Good Friday, Christmas Day and a bank holiday

(b) “out of hours period” means—

(i) the period beginning at 6:30pm on any day from Monday to Thursday and ending on 8am the following day;

(ii) the period between 6:30pm on a Friday and 8am the following Monday;

(iii) Good Friday, Christmas Day and a bank holiday

overtime

any period of time worked in excess of the lesser of—

(a) the period of time for which the person has contracted to work in the ordinary course of events; or

(b) such period of time as the scheme manager determines a person engaged in similar employment would reasonably be contracted to work in the ordinary course of events

pay periodin relation to members who receive either salary, wages or other regular payments under a contract of employment or a contract for services, the period in respect of which each payment is made in accordance with the terms of that contract
pension credita credit under Article 26(1)(b) of the 1999 Order, (including a credit the Welfare Reform and Pensions Act 1999)(20)
pension credit membersee section 121(1) of the 1995 Order
pensioner memberin relation to this scheme, is a person who is entitled to payment of a retirement pension under the scheme
pensionable employmentHSC employment in respect of which contributions are payable under Part 4
practice staff

a person who is—

(a) not a registered medical practitioner, a GP registrar or a non-GP provider, and

(b) is employed by a GMS practice, an APMS contractor or an OOH provider to assist in the provision of the services it provides.

practitionersee regulation 27(5)
prospective normal pension agein relation to a member’s prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager determines (by reference to the Department of Finance and Personnel’s directions made under section 10(2) of the 2014 Act) would apply in relation to those benefits.
public sector transfer arrangementsarrangements approved by the Department as providing reciprocal arrangements for the payment and receipt of transfer values between this scheme and other occupational pension schemes
qualifying servicesee regulation 22
quartera 3 month period ending on the last day of March, June, September or December
RHSCBthe Regional Health and Social Care Board(21)
scheme managersee regulation 3
scheme yearperiod of 12 months starting on 1 April in any year
standard earned pension

pension which—

(a) is earned under this scheme, and

(b) is payable without actuarial reduction at normal pension age.

state pension agepensionable age, as specified from time to time in Part 1 of Schedule 2 to the 1995 Order
this schemethe scheme established by these Regulations
transfer paymenta transfer value payment or a cash transfer sum made or received by the scheme in relation to a member.
vocational traineea dental practitioner who is employed as a vocational trainee as a consequence of a placement arrangement made by a local postgraduate dental dean or a Director of postgraduate dental education
(9)

2008 c.13 (N.I.); Section 3(7) was amended by the Pensions Act (Northern Ireland) 2012 section 6(1) (2012 c.3 (N.I.))

(10)

S.R. 2010 No.122; Regulation 12 was amended by S.R. 2012 No.232

(16)

S.I. 2003/1250 as amended by S.I. 2007/3101

(17)

Section 4 was amended by S.I. 2005/433 Schedule 1

(18)

Section 218 has been amended by section 67 of, and paragraphs 1 and 2 of Schedule 18 to, the Finance Act 2011 (c.11) and section 48(1) to (3) and (5) of, and paragraphs 5 and 6(1) to (3) of Schedule 22 to, the Finance Act 2013 (c.29)

(21)

As established by the Health and Social Care (Reform) Act (Northern Ireland) 2009 (2009 c.1 (N.I.))

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