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The Health and Personal Social Services (Superannuation Scheme, Additional Voluntary Contributions and Injury Benefits), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2015

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PART 5Amendment of the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999

General

48.  The Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999(1) are amended as provided by regulations 49 to 59.

Amendment of regulation 2

49.—(1) Regulation 2 (Interpretation) is amended as provided by paragraphs (2) to (4).

(2) In paragraph (1)—

(a)after the definition of “the 2008 Regulations” insert—

“the 2009 Regulations” means the Registered Pension Schemes (Authorised Payments) Regulations 2009(2);

“the 2014 Act” means the Taxation of Pensions Act 2014(3);

“the 2015 Regulations” means the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015(4);;

(b)in the definition of “child”(5)—

(i)at the end of paragraph (a), omit “or”;

(ii)at the end of paragraph (b), add—

or

(c)a child’s pension under regulation 120 of the 2015 Regulations;;

(c)in the definition of “date of retirement”(6),—

(i)at the end of paragraph (a), omit “or”;

(ii)at the end of paragraph (b), add—

(c)regulations 72, 78, 80, 81, 83, 89 and 93 of the 2015 Regulations; or

(d)in the case of a benefit referred to in regulation 11(1)(d), a commencement date that the participator requests and that is on, or after, the participator’s normal minimum age: for these purposes, normal minimum pension age has the meaning given in section 279(1) of the 2004 Act.;

(d)at the end of paragraph (c)(ii) of the definition of “dependant”(7), add—

or

(iii)regulation 50 of the 2015 Regulations;;

(e)for the definition of “HPSS Superannuation Scheme”(8), substitute—

“HPSS Superannuation Scheme” means the Health and Social Care Pension Scheme, the rules of which are set out in the 1995 Regulations, the 2008 Regulations or the 2015 Regulations;;

(f)for the definition of “normal benefit age”, substitute—

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

(a)

in the case of a person who was a member of the HPSS Superannuation Scheme governed by the 1995 regulations at the date at which the person’s election under regulation 3 took effect, the age of 60;

(b)

in the case of a person who was a member of the HPSS Superannuation Scheme governed by the 2008 Regulations at the date at which the person’s election under regulation 3 took effect, the age of 65;

(c)

in the case of a person who was a member of the HPSS Superannuation Scheme governed by the 2015 Regulations at the date at which the person’s election under regulation 3 took effect—

(i)

the person’s state pension age, or if higher,

(ii)

the age of 65;;

(g)in paragraph (a) of the definition of “participator”, for “11(3)” substitute “11”;

(h)after paragraph (b) in the definition of “retirement”(9), add—

(c)the 2015 Regulations;;

(i)for the definition of “superannuable employment”, substitute—

“superannuable employment” means employment in respect of which a person contributes to the HPSS Superannuation Scheme, or other such employment as the Department may approve for the purposes of a direction under Article 12 of the Superannuation (Northern Ireland) Order 1972(10) or a determination under section 25(5) of the Public Service Pensions Act (Northern Ireland) 2014(11);;

(j)after paragraph (b) in the definition of “superannuable service”(12), add—

(c)regulation 20 of the 2015 Regulations;.

(3) After paragraph (1), insert—

(1A) A person is a nominated partner in relation to a contributor if the person and the contributor—

(a)have jointly made and signed a declaration in such form as the Department requires,

(b)are living together in an exclusive relationship as if they were husband and wife or civil partners,

(c)are not prevented from marrying or forming a civil partnership.

(1B) A person is a surviving nominated partner in relation to a contributor if—

(a)the person and the contributor jointly made and signed a declaration in such form as the Department requires that remains effective at the member’s death, and

(b)the person satisfies the Department that for a continuous period of 2 years ending with the member’s death—

(i)the person and the member were living together in an exclusive relationship as if they were husband and wife or civil partners,

(ii)the person and the member were not prevented from marrying or forming a civil partnership, and

(iii)the person was financially dependent on the member or the person and the member were financially interdependent.

(1C) A declaration for the purposes of paragraph (1A)(a) or (1B)(a) ceases to have effect if—

(a)it is revoked by the contributor or other person by a signed notice in writing to the Department in such form as the Department may require or is willing to accept,

(b)the contributor makes a further declaration for the purpose of those paragraphs, or

(c)the contributor or the person marries or forms a civil partnership..

(4) In paragraph (2)(13), for “1995 Regulations or the 2008 Regulations” substitute “1995 Regulations, 2008 Regulations or the 2015 Regulations”.

Amendment of regulation 3

50.—(1) Regulation 3 (Making and acceptance of elections)(14) is amended as provided by paragraphs (2) to (5).

(2) In paragraph (1)—

(a)in sub-paragraph (a), for “an annuity or a pension commencement lump sum and an annuity payable on retirement” substitute “one or more of the benefits referred to in regulation 11”;

(b)omit “Paragraph (1)(a) is subject to regulation 11(1A).”.

(3) Omit sub-paragraph (b) of paragraph (3).

(4) After paragraph (6A), insert—

(6B) A person whose membership of the HPSS Superannuation Scheme is governed by the 2015 Regulations and who is in pensionable employment may, upon attaining normal benefit age—

(a)where contributions have been paid for the purposes of paragraph (1)(b), elect for further contributions to be paid for 12 months beyond the attainment of normal benefit age birthday, and

(b)continue to elect annually for further contributions to be paid provided that person remains in pensionable employment.

(6C) Paragraph (6B) is subject to—

(a)an election referred to in that paragraph being permitted under the arrangement that the person has with an authorised provider;

(b)paragraph (5)(b);

(c)regulation 4(4)..

(5) In paragraph (7), for “(1) or (6)” substitute “(1), (6), (6A) or (6B)”.

Amendment of regulation 4

51.—(1) Regulation 4 (Payment and amount of additional voluntary contributions)(15) is amended as provided by paragraphs (2) and (3).

(2) In paragraph (3)(16)—

(a)omit sub-paragraph (a);

(b)in sub-paragraph (b), for “1995 Regulations or the 2008 Regulations” substitute “1995 Regulations, 2008 Regulations or the 2015 Regulations”.

(3) In the definitions of “employer” and “salary” in paragraph (3A)(17), for “1995 Regulations or the 2008 Regulations” substitute “1995 Regulations, 2008 Regulations or the 2015 Regulations”.

Substitution of regulation 6

52.  For regulation 6 (Circumstances in which elections cease to have effect), substitute—

Circumstances in which elections cease to have effect

6.(1) An election shall cease to have effect where a contributor—

(a)leaves pensionable employment;

(b)ceases to be in pensionable employment by virtue of an election under regulation 9 of the 1995 Regulations, regulation 25 or 157 of the 2008 Regulations or regulation 15(2) of the 2015 Regulations (all of which deal with opting-out of the scheme in question) as the case may be; or

(c)who, at the time of making the election, was subject to the 1995 Regulations, the 2008 Regulations or 2015 Regulations (as the case may be) and who receives payment of all of their benefits under those particular Regulations.

This is subject to paragraphs (2) and (3).

(2) A contributor whose election ceases in accordance with paragraph (1)(c) is not prevented from making a further election that complies with regulation 3.

(3) Where a contributor gives written notice to the Department for the purposes specified in regulation 5(1)(c), an election—

(a)does not cease to have effect, and

(b)continues to be subject to the normal benefit age applicable at the time it was made.

This does not apply where sub-paragraphs (a) or (c) of paragraph (1) apply..

Amendment of regulation 10

53.—(1) Regulation 10 (Outward transfers)(18) is amended as provided by paragraphs (2) and (3).

(2) For paragraph (4)(19), substitute—

(4) If the Department is required under paragraph (1) to make a transfer payment in circumstances where such a payment in respect of an eligible person is also provided and used in accordance with regulation 53 of the 1995 Regulations Member’s right to transfer or buy-out), the Department must do so in accordance with the time limit specified in regulation 54 of those Regulations as if the reference in that regulation to an application were a reference to a notice referred to in paragraph (1).

(4A) If the Department is required under paragraph (1) to make a transfer payment in circumstances where such a payment in respect of an eligible person is also provided and used in accordance with regulation 93 or 220 of the 2008 Regulations (rights to transfer value payments), the Department must do so in accordance with the time limit specified in, as the case may be, regulation 96 or 223 of those Regulations as if the reference in regulation 96 (or as the case may be) 223 to an application were a reference to a notice referred to in paragraph (1).

(4B) If the Department is required under paragraph (1) to make a transfer payment in circumstances where such a payment in respect of an eligible person is also provided and used in accordance with regulation 133 of the 2015 Regulations (rights to transfer value payment), the Department must do so in accordance with the time limit specified in regulation 136 of those Regulations as if the reference in that regulation to an application were a reference to a notice referred to in paragraph (1)..

(3) In paragraph (ii) of sub-paragraph (b) of paragraph (8)(20), for “or regulation 106 or 233 of the 2008 Regulations” substitute “, regulation 106 or 233 of the 2008 Regulations or regulation 146 of the 2015 Regulations”.

Substitution of regulation 11

54.  For regulation 11 (Retirement and dependants’ pensions) substitute—

Retirement and dependants’ benefits

11.(1) A participator may apply some or all of the proceeds of an investment made under regulation 7(1), 8(2) or 9(4) to arrange with an insurer for—

(a)payment of a lifetime annuity;

(b)payment of a lifetime annuity and a pension commencement lump sum;

(c)a lump sum commutation payment that—

(i)reflects the value of the benefits referred to in paragraph (1)(a) or (b), and

(ii)meets the requirements of regulations 11 and 12 of the 2009 Regulations;

(d)as from the 6th April 2015, any payment to the participator or a dependant of the participator, that complies with the requirements of the 2014 Act.

This is subject to paragraphs (10) to (13) and regulation 15(10) and (11).

(2) An authorised provider selected by the Department, must provide a participator with an option to receive benefits under paragraph 1(a) to (c).

This is subject to paragraph (3) and (4).

(3) Any annuity payable in accordance with paragraph (1)(a) or (b) must—

(a)be incapable, in whole or in part, of surrender, assignment or commutation;

(b)commence not earlier than the participator’s date of retirement for the purposes of, as the case may be, the 1995 Regulations, the 2008 Regulations or 2015 Regulations;

(c)be payable to the participator for life;

(4) Any dependant’s pension which is payable in respect of a participator is payable only on the death of the participator after the participator’s retirement and is payable to the dependant for life: this is subject to paragraph (6).

(5) A lump sum commutation payment referred to in paragraph (1)(c) may be paid in respect of benefits payable under paragraph (1)(a), (b) or (d).

(6) In the case of a person who is a child to whom—

(a)Part III of the 1995 Regulations (Child allowance) applies;

(b)regulation 75 or 202 of the 2008 Regulations applies (Meaning of dependant child), or

(c)regulation 121 of the 2015 Regulations (Eligible child) applies,

a pension referred to in paragraph (4) ceases to be payable when that person ceases to be a dependant child within the meaning of whichever of those Regulations applies.

(7) An authorised provider selected by the Department, in addition to providing a participator with benefits options required under paragraph (2), may from the 6th April 2015 provide a participator or a participator’s dependant with alternative benefit options under paragraph (1)(d).

(8) A participator must, not earlier than 3 months before the date from which the participator wishes those benefits under the Regulations to be provided, make a benefits election to the Department specifying—

(a)whether and which benefits are to be provided under paragraph (3) or, alternatively, paragraph (7);

(b)the authorised provider who is to provide each benefit;

(c)for whom, if anyone, a dependant’s benefit is to be provided;

(d)if more than one benefit is to be provided; either—

(i)the proportion of the amount secured by the total investments made under regulation 7(1), 8(2) or 9(4) that is to be applied to the purchase or arrangement of each of them; or

(ii)the dependants’ benefits to be provided expressed as a percentage of the participator’s benefits;

(e)in respect of every annuity to be provided—

(i)the annual rate of the annuity;

(ii)whether it is to be payable for life or for a fixed period;

(iii)whether its rate is to be fixed or vary in accordance with the Index or increase yearly by a specified percentage or (if lower) increase by the increase in the Index for the year in question;

(iv)as from the 6th April 2015, whether the rate may reduce;

(f)in the case of a participator who chooses a life-time annuity referred to in paragraph (1)(a) or (b) and who dies within the period of 5 years beginning with the date on which the annuity commences, whether, if the annuity had continued at the rate in force at the time of the participator’s death, a lump sum is to be paid in accordance with regulation 15(3): the lump sum referred to in this sub-paragraph is a lump sum equal to the balance that would have been payable during the remainder of that period.

(9) More than one benefits election may be made under paragraph (8) and each such election must—

(a)be in writing, and

(b)contain such information as the Department requests.

(10) Upon receipt of a notice of election under paragraph (8), the Department must, as soon as reasonably practicable, realise the investments made under regulations 7(1), 8(2) or 9(4) and apply the proceeds in the manner specified in it.

(11) Where a participator dies before retirement or after retirement but before the benefits under this regulation are acquired, the investments made under regulation 7(1), 8(2) or 9(4) must be realised and are, subject to any limit imposed by regulation 13, payable as a lump sum in accordance with regulation 15(3).

(12) The Department may realise the investments made under regulation 7(1), 8(2) or 9(4) and apply the proceeds to the purchase of benefits under these Regulations from an insurer in the form as appear to the Department to be suitable where the conditions in paragraph (13) are satisfied.

(13) Those conditions are—

(a)the participator’s retirement date falls on or after 1st December 1999; and

(b)the participator has attained the age of 75 and has not given a notice of election under paragraph (8) before doing so.

(14) Paragraph (12) applies notwithstanding that benefits are payable to the participator under—

(a)Part III or regulation 49 of the 1995 regulations (Benefits for members and preserved pensions);

(b)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 pensions and early retirement pensions), or

(c)regulation 72, 78, 80, 81, 83, 89 or 93 of the 2015 Regulations (age retirement, early retirement, premature retirement, partial retirement and ill-health pensions)..

Amendment of regulation 14

55.  In sub-paragraph (b) of paragraph (1) of regulation 14 (Repayment of investments in certain cases)(21)—

(a)at the end of paragraph (i), omit “or”;

(b)at the end of paragraph (ii), insert—

or

(iii)regulation 39 of the 2015 Regulations (eligibility for refund),.

Amendment of regulation 15

56.—(1) Regulation 15 (Payments by the Department)(22) is amended as provided by paragraphs (2) to (8).

(2) For paragraph (1)(23), substitute—

(1) Where an authorised provider or a selected authorised provider fails to pay a benefit referred to in regulation 11(1) or a lump sum benefit referred to in regulation 12, the Department is liable to pay that amount..

(3) For paragraph (3), substitute—

(3) Lump sums payable as mentioned in regulation 11(8)(f) and (11) and regulation 12 or paragraph 3(2), 8 or 9 of Schedule 2 shall be paid—

(a)to the deceased’s spouse, nominated partner or civil partner; or

(b)to the deceased’s personal representatives if—

(i)there is no spouse, nominated partner or civil partner, or

(ii)a notice has been given in accordance with any of the provisions referred to in paragraph (3A) that the spouse, nominated partner or civil partner is not to receive the payment..

(4) After paragraph (3), insert—

(3A) The provisions referred to in paragraph (3)(b) are—

(a)regulation 17 of the 1995 Regulations (Payment of lump sum);

(b)regulation 87 or 214 of the 2008 Regulations (Payment of lump sums or pensions on death);

(c)regulation 111 of the 2015 Regulations (Lump sum on death);

(d)paragraph 11 of Schedule 2..

(5) For paragraph (4), substitute—

(4) Lump sums payable under regulation 11(1)(b), (c) and (d) and regulation 14(1) must be paid to the participator..

(6) In paragraph (9), for “regulations 12” to “early retirement pensions)” substitute “the provisions referred to in paragraph (9A)”.

(7) After paragraph (9), insert—

(9A) Those provisions are—

(a)regulation 12 to 16 or 49 of the 1995 Regulations (which deal with benefits for members and preserved pension);

(b)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 pensions and early retirement pensions);

(c)regulation 72, 78, 80, 81, 83, 89 or 93 of the 2015 Regulations (age retirement, early retirement, partial retirement and ill-health pensions)..

(8) In paragraph (10) after sub-paragraph (b), insert—

(c)regulation 108 of the 2015 Regulations (Option for members in serious ill-health to exchange pension for lump sum),.

Substitution of regulation 19

57.  For regulation 19 (Offset for crime, negligence or fraud), substitute—

Offset for crime, negligence or fraud

19.  Where, on or after the date on which these Regulations come into operation—

(a)the circumstances set out in any of the following provisions have occurred—

(i)regulation 92 of the 1995 Regulations (Offset for crime, negligence or fraud);

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

(iii)paragraph 11 of Schedule 3 to the 2015 Regulations (Offset of benefits); and

(b)there has been a loss to public funds,

the Department may, in relation to benefits which arise by virtue of the employer’s contributions, reduce the amount of any benefit payable to or in respect of a person under these Regulations, to the extent set out, and subject to the conditions specified in whichever provision referred to in paragraph (a) applies..

Substitution of regulation 20

58.  For regulation 20 (Loss of rights to benefits), substitute—

Loss of rights to benefits

20.(1) Where paragraph (2) applies, the Department may direct that all or any part of any rights to benefit a person has under these Regulations and which arise by virtue of an employer’s contributions paid on or after the date on which these Regulations come into operation, are to be forfeited.

(2) This paragraph applies where on or after the date these Regulations come into operation—

(a)that person commits and is convicted of an offence referred to in—

(i)regulation 93 of the 1995 Regulations (Loss of rights to benefits);

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

(iii)paragraph 12 of Schedule 3 to the 2015 Regulations (Forfeiture of rights to benefits), and

(b)the circumstances are such that a direction may be made by the Department under whichever of those provisions applies..

Amendment of Schedule 2

59.—(1) Schedule 2 (Pension sharing on divorce or nullity of marriage or dissolution or nullity of civil partnership)(24) is amended as provided by paragraphs (2) to (6).

(2) In paragraph 1 (Discharge of liability in respect of pension credit)—

(a)for paragraph (b) of sub-paragraph (5), substitute—

(b)any dependant’s pension which is payable under it is payable only on the death of the pension credit member after that member has reached normal benefit age and is payable to the dependant for life: this is subject to paragraph (6).;

(b)after sub-paragraph (5), add—

(6) In the case of a person who is a child to whom—

(a)regulations 32 to 38 of the 1995 Regulations (Child allowance) applies;

(b)regulation 75 or 202 of the 2008 Regulations applies (Meaning of dependant child), or

(c)regulation 121 of the 2015 Regulations (Eligible child) applies,

a pension referred to in paragraph (5)(b) ceases to be payable when that person ceases to be a dependant child within the meaning of whichever of those Regulations applies.

(7) Sub-paragraph (5) does not apply where, in accordance with sub-paragraph (5C) of paragraph 4, a pension credit member elects to be provided with alternative benefits referred to in sub-paragraph (5B) of that paragraph..

(3) In paragraph 4 (pension credit benefit)—

(a)in sub-paragraph (4), for “this paragraph” substitute “sub-paragraph (1) and any alternative benefit referred to in sub-paragraph (5A)”;

(b)after sub-paragraph (5), insert—

(5A) An authorised provider selected by the Department must—

(a)must provide a pension credit member with an option to receive the benefits referred to in sub-paragraph (5)(a), (aa) and (b); and

(b)may, as from 6th April 2015, provide such a member with an option to receive the alternative benefits referred to in sub-paragraph (5B).

(5B) Those alternative benefits are benefits that are equivalent in value to the benefits referred to in sub-paragraph (5)(a), (aa) and (b) and which comply with the requirements of the 2014 Act.

(5C) A member who wishes to be provided with such alternative benefits must elect to do so by giving the Department notice in writing not earlier than 3 months before attaining normal benefit age.;

(c)in sub-paragraph (7)—

(i)after “sub-paragraph (5)” insert “, or as the case may be, sub-paragraph (5C)”;

(ii)after paragraph (b) insert—

(c)where sub-paragraph (5C) applies, pay the alternative benefits the pension credit member has elected to be provided with,;

(d)for sub-paragraphs (8) and (9), substitute—

(8) Where the conditions in sub-paragraph (9) are satisfied, the Department may realise the investments made under paragraph 2 and apply the proceeds to the purchase of benefits under these Regulations from an insurer that the Department considers—

(a)suitable;

(b)will satisfy the requirements of regulations 12 to 14 of the Pension Sharing (Pension Credit Benefit) Regulations 2000(25);

(c)will comply with the requirements of the 2014 Act, and

(d)will fully discharge its liability for payment of benefits under these Regulations.

(9) Those conditions are that the pension credit member has—

(a)attained normal benefit age on, or after, 1st May 2001; and

(b)attained the age of 75 and not given notice of an election under sub-paragraph (5) before doing so.

(10) Paragraph (8) applies notwithstanding that the benefits are payable to a pension credit member by virtue of that member being a member of the HPSS Superannuation Scheme under—

(a)Part III or regulation 49 of the 1995 Regulations (benefits for members and preserved pension);

(b)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 pensions and early retirement pensions), or

(c)regulation 72, 78, 80, 81, 83, 89 or 93 of the 2015 Regulations (age retirement, early retirement, partial retirement and ill-health pensions)..

(4) For paragraph (b)(26) of sub-paragraph (2) of paragraph 7 (Commutation of the whole of pension credit at normal benefit age), substitute—

(b)the total benefits payable meet the requirements of regulation 12 of the 2009 Regulations..

(5) For paragraph 13 (Offset for crime, negligence or fraud) substitute—

Offset for crime, negligence or fraud

13.(1) This paragraph applies in relation to pension credit benefit which arises by virtue of pension credit rights which are derived from an employer’s contributions paid on or after the date on which the AVC Regulations came into operation in respect of the relevant participator.

(2) Where paragraph (3) applies, the Department may reduce the amount of any pension credit benefit payable to or in respect of a pension credit member under this Schedule to the extent set out, and subject to the conditions specified, in whichever of the provisions referred to in that paragraph applies.

(3) This paragraph applies where on or after the date these Regulations come into operation—

(a)in respect of a relevant pension credit member the circumstances set out in whichever of the following provisions applies have occurred—

(i)regulation 92 of the 1995 Regulations (Offset for crime, negligence or fraud);

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

(iii)paragraph 11 of Schedule 3 to the 2015 Regulations (Offset of benefits), and

(b)there has been a loss to public funds.

(4) In this paragraph—

“relevant pension credit member” means a pension credit member who is also a member of the HPSS Superannuation Scheme;

“relevant participator” means the participator in relation to whose rights under the AVC scheme the pension sharing order or provision, which gave the pension credit member in question entitlement to a pension credit, was made..

(6) For paragraph 14 (Loss of rights to benefits), substitute—

Loss of rights to benefits

14.(1) Where paragraph (2) applies, the Department may direct that all or any part of any rights to pension credit benefit a pension credit member has under this Schedule and which arise by virtue of an employer’s contributions paid on or after the date on which the AVC Regulations come into operation in respect of a relevant participator, are to be forfeited.

(2) This paragraph applies where on or after the date these Regulations come into operation—

(a)that pension credit member commits and is convicted of an offence referred to in—

(i)regulation 93 of the 1995 Regulations (Loss of rights to benefits);

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

(iii)paragraph 12 of Schedule 3 to the 2015 Regulations (Forfeiture of rights to benefits), and

(b)the circumstances are such that a direction may be made by the Department under whichever of those provisions applies.

(3) In this paragraph “relevant participator” means the participator in relation to whose rights under the AVC scheme the pension sharing order or provision, which gave the pension credit member in question entitlement to a pension credit, was made..

(5)

The definition of “child” was last substituted by S.R. 2008 No.350 regulation 2(2)(b)

(6)

The definition of “date of retirement” was last substituted by S.R. 2008 No.350 regulation 2(2)(b)

(7)

The definition of “dependent” was last substituted by S.R. 2008 No.350 regulation 2(2)(b)

(8)

The definition of “HPSS Superannuation Scheme” was last substituted by S.R. 2008 No.350 regulation 2(2)(b)

(9)

The definition of “retirement” was last substituted by S.R. 2008 No.250 regulation 2(2)(b)

(12)

The definition of “superannuable service” was inserted by S.R. 2008 No.250 regulation 2(2)(b)

(13)

Paragraph (2) was last amended by S.R. 2008 No.350 regulation 2(3)

(14)

Regulation 3 as amended by S.R. 2002 No.129, regulation 4; S.R. 2005 No.154, regulation 4; S.R. 2006 No.410, regulation 21 and S.R. 2008 No.350, regulation 2(4)

(15)

Regulation 4 as amended by S.R. 2002 No.129, regulation 5; S.R. 2006 No.410, regulation 22 and S.R. 2008 No.350, regulation 2(5)

(16)

Paragraph (3) was substituted by S.R. 2006 No.410 regulation 22 and amended by S.R. 2008 No.350 regulation 2(5)(a)

(17)

Paragraph (3A) was inserted by S.R. 2008 No.350 regulation 2(5)(b)

(18)

Regulation 10 was substituted by S.R. 2005 No.154, regulation 6; amended by S.R. 2006 No.410, regulation 25 and S.R. 2008 No.350, regulation 2(8)

(19)

Paragraph (4) was last substituted by S.R. 2008 No.350 regulation 2(8)(a)

(20)

Paragraph(8)(b)(ii) was substituted by S.R. 2008 No.350 regulation 2(8)(b)

(21)

Regulation 14 as amended by S.R. 2006 No.410, regulation 29 and S.R. 2008 No.350, regulation 2(10)

(22)

Regulation 15 as amended by S.R. 2002 No.129, regulation 10; S.R. 2004 No.104, Schedule 2 regulation 4; S.R. 2005 No.533, regulation 5(3); S.R. 2006 No.410, regulation 30; S.R. 2008 No.350, regulation 2(11); S.R. 2010 No.286, regulation 55(5) and S.R. 2013 No.259, regulation 53

(23)

Paragraph (1) was last substituted by S.R.2010 No.286 regulation 55(5)

(24)

Schedule 2 was inserted by S.R. 2004 No.104, regulation 6 and amended by S.R. 2005 No.533, regulation 5(4); S.R. 2006 No.410, regulation 34; S.R. 2008 No.350, regulation 2(15) and S.R. 2010 No.286, regulation 55(6)

(26)

Paragraph (b) of sub-paragraph (2) was last substituted by S.R. 2008 No.350, regulation 2(15)(c)

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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

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Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources