The Health and Social Care Pensions (Abatement) Regulations (Northern Ireland) 2022

Statutory Rules of Northern Ireland

2022 No. 153

Health And Personal Social Services

Public Service Pensions

The Health and Social Care Pensions (Abatement) Regulations (Northern Ireland) 2022

Made

23rd March 2022

Coming into operation

25th March 2022

The Department of Health makes the following Regulations in exercise of the powers conferred by Articles 12(1,) (2) and (3) and 14(1) and (2) of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972(1) and sections 1(1) and (2)(e), 3(1), (2) and (3) and 18(5) of, and paragraph 5 of Schedule 2 and Schedule 3 to, the Public Service Pensions Act (Northern Ireland) 2014(2).

In accordance with Article 12(4) of the Superannuation (Northern Ireland) Order 1972 and section 21(1) of the Public Service Pensions Act (Northern Ireland) 2014, the Department has consulted the representatives of such persons as appear to the Department likely to be affected by these Regulations.

In accordance with Article 12(1) of the Superannuation (Northern Ireland) Order 1972 and section 3(5) of the Public Service Pensions Act (Northern Ireland) 2014, these Regulations are made with the consent of the Department of Finance.

PART 1 Introductory

Citation, commencement and effect

1.—(1) These Regulations may be cited as the Health and Social Care Pensions (Abatement) Regulations (Northern Ireland) 2022.

(2) These Regulations come into operation on 25 March 2022 and have effect from 25 March 2022

PART 2 Amendment of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995

General

2.  The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 are amended as provided by regulation 3.

Amendment to regulations 84 and 85

3.  These Regulations have effect as if, for the period 25 March 2022 to 31 October 2022, (both dates inclusive)–

(a) regulation 84 (suspension of pension on return to HPSS employment) were omitted, and

(b) in the opening words of regulation 85(3) (reduction of pension on return to HPSS employment) the words “or (c)” were omitted.

PART 3 Amendments to the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

General

4.  The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008(3) are amended as provided by regulation 5.

Amendment to regulations 50 and 181

5.  These Regulations have effect as if for the period 25 March 2022 to 31 October 2022 ( both dates inclusive) –

(a) in regulation 50 (abatement of pension following increase in pensionable pay) paragraph (2) (a) were omitted; and

(b) in regulation 181 (abatement of pension following increase in engagement in employment) paragraph (2) (a) were omitted.

PART 4 Amendments to the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

General

6.  The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015(4) are amended as provided by regulation 7.

Amendment to regulation 85

7.  These Regulations have effect for the period 25 March 2022 to 31 October 2022 (both dates inclusive) as if in regulation 85 (abatement of pension following continuation of employment) paragraph (3) were omitted.

Sealed with the Official Seal of the Department of Health on 23 March 2022

(L.S.)

Philip Rodgers

A senior officer of the Department of Health

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

Sealed with the Official Seal of the Department of Finance on 23 March 2022

(L.S.)

Barry Armstrong

A senior officer of the Department of Finance

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (S.R. 1995 No.95) (“the 1995 Regulations”), the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008 No.256) (“the 2008 Regulations”), the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015 (S.R. 2015 No.120) (“the 2015 Regulations”), the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999 (S.R. 1999 No.294) (“the AVC Regulations”), The Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001 (S.R. 2001 No.367) (“the Injury Benefit Regulations”) and the Health and Social Care Service Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015 No.120) (“the Transitional and Consequential Regulations”) .

(1)

1972/1073 (N.I. 10) as amended by S.I. 1990/1509 (N.I. 13); 1993 c.49 and S.I. 2002/1555

(2)

2014 c. 2 (N.I.) section 3 was amended by section 94(11) to (14) of the Public Service Pensions and Judicial Offices Act 2022 (c 7)

(3)

S.R. 2008 No.256 as amended by S.R. 2009 Nos.65 and 188; S.R. 2010 Nos.22, 286 and 420; S.R. 2011 No.256; S.R. 2012 Nos.42 and 78; S.R. 2013 Nos.40, 73, 247 and 259; S.R. 2014 Nos.59 and 225; S.R. 2015 Nos.56, 121 and 122; S.R. 2016 No.384 and S.R. 2019 No.62

(4)

S.R. 2015 No.120 as amended by S.R. 2016 No.384 and S.R 2019 No.62