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

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PART 2Amendment of the 2008 regulations

General

9.  The 2008 Regulations are amended in accordance with paragraphs 10 to 21.

Amendment of regulation 21

10.—(1) Regulation 21 (Eligibility: general)(1), is amended as provided by paragraphs (2) and (3).

(2) In paragraph (1), after “Scheme” insert “on or after 1st April 2015”.

(3) For paragraphs (3) to (6), substitute—

(3) Condition B is that the person—

(a)enters HSC employment on or after 1st April 2008 and has service (“relevant service”) as an active member of this Section of the scheme—

(i)on or before 1st April 2012, or

(ii)after 1st April 2012, but only where that service is pursuant to the provisions of Chapter 10;

(b)has not had a break in service for any one period of five years or more ending in the period starting on 2nd April 2012 and finishing on 1st April 2015; and

(c)meets all of the “other Section conditions” (see paragraph (5)).

(4) Condition C is that the person has not reached the age of 75 and was born on, or before, 31st August 1960.

(5) The “other section conditions” are that—

(a)the person has not received a repayment of contributions under regulation 44 (Repayment of contributions) in respect of their relevant service;

(b)the person’s rights under this Section of the Scheme in respect of their relevant service have not been extinguished under regulation 99;

(c)the person is not entitled to a repayment of contributions under regulation 44 by virtue of paragraph (2)(a) to (c) of that regulation.

(6) A person—

(a)who—

(i)was in pensionable employment on 31st March 2012 but ceased to be so after that date, or

(ii)ceased HSC employment before 1st April 2012,

and is not the subject of a direction made under Article 12 of the Superannuation (Northern Ireland) Order 1972(2),

(b)who would, if paragraph (a) did not apply, fall within regulation 22(1B) to (1G), and

(c)to whom the Treasury’s guidance “Fair Deal for staff pensions: staff transfer from central government”(3) applies,

may, if the Department considers it appropriate and makes a direction under Article 12 of the Superannuation (Northern Ireland) Order 1972, be a member of this Section of the scheme..

Amendment of regulation 22

11.  In regulation 22 (Restrictions on eligibility: general)(4), after paragraph (1), insert—

(1A) A person who was born on, or after, 1st September 1960 is not eligible to be an active member of this Section of the Scheme in respect of service in HSC employment on, or after, 1st April 2015.

(1B) A person is not eligible to be an active member of this Section of the Scheme if that person has had a break in service ending on or after 2nd April 2012, and any of the following apply—

(a)that break in service is for any one period of five years or more;

(b)that person receives a repayment of contributions under regulation 44 in respect of their service before that break (see regulation 21(3)(a));

(c)that person becomes entitled to a repayment of contributions under regulation 44 by virtue of paragraph (2)(a) to (c) of that regulation in respect of their service before that break; or

(c)that person’s rights under this Section of the Scheme in respect of their service before that break have been extinguished under regulation 99 because a transfer value payment is made in respect of them.

(1C) A person who on 1st April 2012 has attained the age of 55 may not contribute or accrue further pensionable service under this Section of the Scheme unless that person either—

(a)is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 21, or

(b)returns to HSC employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1D) Paragraph (1E) applies to a person—

(a)who, on 1st April 2012, has attained the age of 51 years and 7 months but has not attained the age of 55, and

(b)whose eligibility cessation date has not been reached (see paragraph (1F)).

(1E) A person referred to in paragraph (1D) may not contribute or accrue further pensionable service under this Section of the Scheme unless that person either—

(a)is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 21, or

(b)returns to HSC employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1F) For the purposes of paragraph (1D), a person’s eligibility cessation date is to be determined according to the formula—

where—

  • A is 1st April 2022

  • T is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 55.

(1G) For the purposes of paragraphs (1C)(b) and (1E)(b), any break in service where the member was in pensionable service in an existing scheme (within the meaning of Schedule 5 to the 2014 Act) is to be disregarded.

(1H) Paragraph (1I) applies to a person who in the opinion of the Department—

(a)was previously an active member of a corresponding 2008 scheme;

(b)the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2014 Act that provide for exceptions to subsection (1) of that section, and

(c)pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to HSC employment for the purposes of that scheme on the day the member commenced HSC employment within the meaning of these Regulations.

(1I) The Department may permit a person referred to in paragraph (1H) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous pensionable employment under the corresponding scheme referred to in paragraph (1H) will be treated as is it were previous pensionable employment under this Section of the Scheme.

(1J) Paragraph (1K) applies to a person who, in the opinion of the Department—

(a)was previously an active member in respect of service in an existing scheme (within the meaning of Schedule 5 to the 2014 Act),

(b)is not receiving a pension in respect of that service on the relevant day,

(c)the regulations of that existing scheme include provisions pursuant to subsection (5) of section 18 of the 2014 Act that provide for exceptions to subsection (1) of that section,

(d)pursuant to those provisions, the person would have been eligible to be an active member of the existing scheme if the member had returned to employment for the purposes of that scheme on the relevant day, and

(e)the member would, if the member’s previous service in the existing scheme had been previous service under this Section of the Scheme, have been eligible for active membership of this Section of the Scheme on the relevant day pursuant to paragraphs (1A) to (1G).

(1K) The Department may permit a person referred to in paragraph (1J) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous service as an active member under the existing scheme referred to in paragraph (1J) will be treated as if it were previous service as an active member of this Section of the Scheme.

(1L) For the purposes of paragraphs (1J) and (1K) “the relevant day” is the day the member commences HSC employment for the purposes of these Regulations.

(1M) A person referred to in paragraph (1C), (1E), (1I) or (1K) may elect, using a form provided by the Department, not to make contributions or accrue further service under this Section of Scheme in accordance with whichever of those paragraphs apply, but instead (where eligible) to become an active member of the 2015 Scheme.

(1N) Such an election—

(a)is irrevocable,

(b)must be given to the Department before the date specified by the Department in the election form,

(c)is to be treated as having been given on the date the election form is received by the Department.

(1O) The date referred to in sub-paragraph (1N)(b) must be a date that is at least three months later than the date on which the Department provided the member with an election form.

(1P) An election shall be effective from the first day of the member’s pensionable employment in the 2008 Section falling on, or after, 1st April 2015, and from that date—

(a)that member is to be treated as if that member had been an active member of the 2015 Scheme; and

(b)contributions made in respect of the member in the 2008 Section shall be treated as if they had been contributions made in respect of that member in the 2015 Scheme.

(1Q) The Department may allow a member to exercise an election after the date specified under sub-paragraph (1N)(b) where the Department considers that the member has not had a reasonable opportunity to consider whether to exercise an election before that date..

Amendment of regulation 57

12.—(1) Regulation 57 (Exceptions to requirements that HSC employment must have ceased) is amended as provided by paragraphs (2) to (4).

(2) In paragraphs (1) and (6), after “(2)” insert “or (2A)”.

(3) After paragraph (2), insert—

(2A) This paragraph applies if the member is in employment with an employing authority in respect of which the member is eligible to join the 2015 Scheme and that member’s service in this Section does not qualify as, or has ceased to be, pensionable service to which paragraphs 1(2)(i) and (ii) or paragraphs 2(i) and (ii) of Schedule 7 (final salary link) to the 2014 Act applies..

(4) For paragraph (3), substitute—

(3) In paragraph (1), “relevant service” means—

(a)the pensionable service referred to in paragraph (2)(b) in respect of which the member is a deferred member; or

(b)the service in this Section referred to in paragraph (2A)..

Amendment of regulation 101

13.  For sub-paragraph (c) of paragraph (1) of regulation 101 (Procedure for applications under regulation 100)(5), substitute—

(c)may only be made—

(i)during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of this Section of the Scheme and before the applicant reaches the age of 65, or

(ii)where the applicant is not eligible to be an active member of this Section of the Scheme and the application is made in respect of a transfer from a corresponding 2008 Scheme, during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of the 2015 Scheme if on that day paragraph 2 of Schedule 7 to the 2014 Act applies to the period of service in respect of which the transfer value payment will be made,.

Substitution of regulation 105

14.  For regulation 105 (Public sector transfer arrangements), substitute—

Public sector transfer arrangements

105.(1) This Chapter applies to a transfer where—

(a)the member is an active member of the 2015 Scheme,

(b)the member makes an application under regulation 100 for a transfer value payment in respect of some or all of the rights that have accrued to or in respect of the member under—

(i)an existing scheme listed in Schedule 5 to the 2014 Act,

(iii)another occupational pension scheme that participates in the Public Sector Transfer Club,

(c)the application under regulation 100 is made within one year beginning with the day the member became eligible to be an active member of the 2015 Scheme and before the member reaches the member’s normal pension age in the 2015 Scheme,

(d)the transfer value payment is made and accepted under the public sector transfer arrangements, and

(e)on the day the transfer is completed, paragraph 2 of Schedule 7 to the 2014 Act applies to the period of service in respect of which the transfer value payment is made.

(2) This Chapter also applies in the case of any other transfer to which the public sector transfer arrangements apply (not being a transfer referred to in paragraph (1)) as it applies in other cases, except to the extent that—

(a)any provision in this Chapter provides otherwise, or

(b)the arrangements themselves make different provision..

New regulation 136ZA

15.  After regulation 136 (Employing authority and certain member record keeping and contribution estimates), insert—

Benefit information statements

136ZA.(1) The Department must provide a benefit information statement to each member in accordance with—

(a)section 14 (Information about benefits) of the 2014 Act; and

(b)any Department of Finance and Personnel directions given from time to time pursuant to that section.

(2) Paragraph (1) does not provide a right for a member to request a benefit information statement.

(3) The Department is only required to provide a member with one benefit statement per scheme year.

(4) A benefit information statement provided pursuant to paragraph (1) is to be treated as though it is the information mentioned in regulation 16(2)(a) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014(6) for the purposes of determining whether or not information must be given under regulation 16(1) of those Regulations..

Amendment of regulation 153

16.—(1) Regulation 153 (Eligibility: general)(7) is amended as provided by paragraphs (2) and (3).

(2) In paragraph (1), after “Scheme” insert “on or after 1st April 2015”.

(3) For paragraphs (3) to (6), substitute—

(3) Condition B is that the person—

(a)enters practitioner service on or after 1st April 2008 and has service (“relevant service”) as an active member of this Section of the Scheme—

(i)on or before 1st April 2012, or

(ii)after 1st April 2012, but only where that service is pursuant to the provisions of Chapter 10;

(b)has not had a break in service for any one period of five years or more ending in the period starting on 2nd April 2012 and finishing on 1st April 2015; and

(c)meets all of the “other Section conditions” (see paragraph (5)).

(4) Condition C is that the person has not reached the age of 75 and was born on, or before, 31st August 1960.

(5) The “other section conditions” are that—

(a)the person has not received a repayment of contributions under regulation 175 (Repayment of contributions) in respect of their relevant service;

(b)the person’s rights under this Section of the Scheme in respect of their relevant service have not been extinguished under regulation 226;

(c)the person is not entitled to a repayment of contributions under regulation 175 by virtue of paragraph (2)(a) to (c) of that regulation..

Amendment of regulation 154

17.  In regulation 154 (Restrictions on eligibility: general)(8), after paragraph (1) insert—

(1A) A person who was born on, or after, 1st September 1960 is not eligible to be an active member of this Section of the Scheme in respect of practitioner service on, or after, 1st April 2015.

(1B) A person is not eligible to be an active member of this Section of the Scheme if that person has had a break in service ending on or after 2nd April 2012, and any of the following apply—

(a)that break in service is for any one period of five years or more;

(b)that person receives a repayment of contributions under regulation 175 in respect of their service before that break (see regulation 153(3)(a));

(c)that person becomes entitled to a repayment of contributions under regulation 175 by virtue of paragraph (2)(a) to (c) of that regulation in respect of their service before that break; or

(d)that person’s rights under this Section of the Scheme in respect of their service before that break have been extinguished under regulation 226 because a transfer value payment is made in respect of them.

(1C) A person who on 1st April 2012 has attained the age of 55 may not contribute or accrue further pensionable service under this Section of the Scheme unless that person either—

(a)is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 153, or

(b)returns to HSC employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1D) Paragraph (1E) applies to a person—

(a)who, on 1st April 2012, has attained the age of 51 years and 7 months but has not attained the age of 55, and

(b)whose eligibility cessation date has not been reached (see paragraph (1F)).

(1E) A person referred to in paragraph (1D) may not contribute or accrue further pensionable service under this Section of the Scheme unless that person either—

(a)is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 153, or

(b)returns to HSC employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1F) For the purposes of paragraph (1D), a person’s eligibility cessation date is to be determined according to the formula—

where—

  • A is 1st April 2022

  • T is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 55.

(1G) For the purposes of paragraphs (1C)(b) and (1E)(b), any break in service where the member was in pensionable service in an existing scheme (within the meaning of Schedule 5 to the 2014 Act) is to be disregarded.

(1H) Paragraph (1I) applies to a person who in the opinion of the Department—

(a)was previously an active member of a corresponding 2008 scheme;

(b)the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2014 Act that provide for exceptions to subsection (1) of that section, and

(c)pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to HSC employment for the purposes of that scheme on the day the member commenced HSC employment within the meaning of these Regulations.

(1I) The Department may permit a person referred to in paragraph (1H) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous pensionable employment under the corresponding scheme referred to in paragraph (1H) will be treated as is it were previous pensionable employment under this Section of the Scheme.

(1J) Paragraph (1K) applies to a person who, in the opinion of the Department—

(a)was previously an active member in respect of service in an existing scheme (within the meaning of Schedule 5 to the 2014 Act),

(b)is not receiving a pension in respect of that service on the relevant day,

(c)the regulations of that existing scheme include provisions pursuant to subsection (5) of section 18 of the 2014 Act that provide for exceptions to subsection (1) of that section,

(d)pursuant to those provisions, the person would have been eligible to be an active member of the existing scheme if the member had returned to employment for the purposes of that scheme on the relevant day, and

(e)the member would, if the member’s previous service in the existing scheme had been previous service under this Section of the Scheme, have been eligible for active membership of this Section of the Scheme on the relevant day pursuant to paragraphs (1A) to (1G).

(1K) The Department may permit a person referred to in paragraph (1J) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous service as an active member under the existing scheme referred to in paragraph (1J) will be treated as if it were previous service as an active member of this Section of the Scheme.

(1L) For the purposes of paragraphs (1J) and (1K) “the relevant day” is the day the member commences HSC employment for the purposes of these Regulations.

(1M) A person referred to in paragraph (1C), (1E), (1I) or (1K) may elect, using a form provided by the Department, not to make contributions or accrue further service under this Section of Scheme in accordance with whichever of those paragraphs apply, but instead (where eligible) to become an active member of the 2015 Scheme.

(1N) An election—

(a)is irrevocable,

(b)must be given to the Department before the date specified by the Department in the election form,

(c)is to be treated as having been given on the date the election form is received by the Department.

(1O) The date referred to in sub-paragraph (1N)(b) must be a date that is at least three months later than the date on which the Department provided the member with an election form.

(1P) An election shall be effective from the first day of the member’s pensionable employment in the 2008 Section falling on, or after, 1st April 2015, and from that date—

(a)that member is to be treated as if that member had been an active member of the 2015 Scheme; and

(b)contributions made in respect of the member in the 2008 Section shall be treated as if they had been contributions made in respect of that member in the 2015 Scheme.

(1Q) The Department may allow a member to exercise an election after the date specified under sub-paragraph (1N)(b) where the Department considers that the member has not had a reasonable opportunity to consider whether to exercise an election before that date..

New regulation 193A

18.  After regulation 193 (Guaranteed minimum pensions etc), insert—

193A    Exceptions to requirement that HSC employment must have ceased

(1) A member is not prevented from becoming entitled to a pension under regulation 176 in respect of pensionable service in respect of which the member is a deferred member because of continuing in HSC employment if paragraph (2) applies.

(2) This paragraph applies if the member—

(a)is in employment with an employing authority in respect of which the member is eligible to join the 2015 Scheme; and

(b)has a break of service under the 2015 Regulations that exceeds five years..

Amendment of regulation 228

19.  For sub-paragraph (c) of paragraph (1) of regulation 228 (Procedure for applications under regulation 227)(9), substitute—

(c)may only be made—

(i)during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of this Section of the Scheme and before the applicant reaches the age of 65, or

(ii)where the applicant is not eligible to be an active member of this Section of the Scheme and the application is made in respect of a transfer from a corresponding 2008 Scheme during the period of one year beginning with the day on which the applicant becomes eligible to be an active member of the 2015 Scheme if on that day paragraph 2 of Schedule 7 to the 2014 Act applies to the period of service in respect of which the transfer value payment will be made,.

Substitution of regulation 232

20.  For regulation 232 (Public sector transfer arrangements), substitute—

Public sector transfer arrangements

232.(1) This Chapter applies to a transfer where—

(a)the member is an active member of the 2015 Scheme,

(b)the member makes an application under regulation 227 for a transfer value payment in respect of some or all of the rights that have accrued to or in respect of the member under—

(i)an existing scheme listed in Schedule 5 to the 2014 Act,

(iii)another occupational pension scheme that participates in the Public sector Transfer Club,

(c)the application under regulation 227 is made within one year beginning with the day the member became eligible to be an active member of the 2015 Scheme and before the member reaches the member’s normal pension age in the 2015 Scheme,

(d)the transfer value payment is made and accepted under the public sector transfer arrangements, and

(e)on the day the transfer is completed, paragraph 2 of Schedule 7 to the 2014 Act applies to the period of service in respect of which the transfer value payment is made.

(2) This Chapter also applies in the case of any other transfer to which the public sector transfer arrangements apply (not being a transfer referred to in paragraph (1)) as it applies in other cases, except to the extent that—

(a)any provision in this Chapter provides otherwise, or

(b)the arrangements themselves make different provision..

New regulation 260ZA

21.  After regulation 260 (Employing authority and certain member record keeping and contribution estimates), insert—

Benefit information statements

260ZA.(1) The Department must provide a benefit information statement to each member in accordance with—

(a)section 14 (Information about benefits) of the 2014 Act; and

(b)any Department of Finance and Personnel directions given from time to time pursuant to that section.

(2) Paragraph (1) does not provide a right for a member to request a benefit information statement.

(3) The Department is only required to provide a member with one benefit statement per scheme year.

(4) A benefit information statement provided pursuant to paragraph (1) is to be treated as though it is the information mentioned in regulation 16(2)(a) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014(10) for the purposes of determining whether or not information must be given under regulation 16(1) of those Regulations..

(1)

Regulation 21 as amended by S.R. 2009 No.65, regulation 29; S.R. 2010 No.22, regulation 20 and S.R. 2010 No.286, regulation 19

(3)

ISBN 978-1-909790-36-0, PU1571 Copies are available at https://www.gov.uk/government/publications/fair-deal-guidance and from The Correspondence and Enquiry Unit, HMT, 1 Horse Guards Road, London, SW1A 2HQ.

(4)

Regulation 22 as amended by S.R. 2009 No.65 regulation 30; S.R. 2010 No.22 regulation 22 and S.R. 2010 No.286 regulation 21

(5)

Regulation 101 as amended by S.R. 2009 No.65, regulation 41

(7)

Regulation 153 as amended by S.R. 2009 No.65 regulation 58; S.R. 2010 No.22 regulation 62 and S.R. 2010 no.286 regulation 37

(8)

Regulation 154 as amended by S.R. 2008 No.65 regulation 59; S.R. 2009 No.188 regulation 51; S.R. 2010 No.286 regulation 39 and S.R. 2013 No.40 regulation 18

(9)

Regulation 228 as amended by S.R. 2009 No.65, regulation 72 and S.R. 2010 No.22, regulation 91

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