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The Health Service Workers (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016

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PART 1Introductory

Citation, commencement and expiry

1.  These Regulations may be cited as the Health Service Workers (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2016.

2.  Regulation 4 comes into operation on the same day as paragraph 38 of Schedule 13 to the Pensions Act (Northern Ireland) 2015(1) comes into operation. On that day regulation 9 of the Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015(2) ceases to have effect.

Interpretation

3.  In these Regulations—

“the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993(3);

“the new scheme” means the pension scheme established by regulations made under section 1(1) and (2)(e) of the Public Service Pensions Act (Northern Ireland) 2014 for the payment of pensions and other benefits to or in respect of health service workers;

“the old scheme” means the Health and Social Care Pension Scheme, as constituted by the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995(4) and the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008(5).

PART 2Modification of contracting-out provisions

Modification of contracting-out provisions

4.  After regulation 9 of the Health Service Workers (Consequential Provisions) Regulations (Northern Ireland) 2015 insert—

Protection of increases in guaranteed minimum pensions after abolition of contracting-out

9A.(1) Chapter 3 of Part 4 of the 1993 Act (protection for early leavers: protection of increases in guaranteed minimum pensions (“anti-franking”)) is modified as follows.

(2) In the application of that Chapter to P as a member of the old scheme—

(a)in section 83(1)(a)(i) (general protection principle), the reference to the time when P ceases to be in pensionable service under a scheme that was, before the second abolition date, a salary-related contracted-out scheme is to be taken as a reference to the time when P ceases to be in pensionable service in relation to the new scheme; and

(b)subsequent references to “the cessation date” are to be construed accordingly..

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 15th March 2016

(L.S.)

Heather Stevens

A senior officer of the Department of Health, Social Services and Public Safety

The Department of Finance and Personnel consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 15th March 2016

(L.S.)

Emer Morelli

A senior officer of the Department of Finance and Personnel

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