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The Health and Personal Social Services (Superannuation) (Amendment) Regulations (Northern Ireland) 2005

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Amendment to Schedule 2 of the principal Regulations (Medical and dental practitioners)

10.—(1) In paragraph 9 of Schedule 2 to the principal Regulations (Officer service treated as practitioner service) –

(a)in sub-paragraphs (1) and (8) after the words “principal practitioner” there shall be inserted the words “or a practitioner providing piloted services.”;

(b)for sub-paragraph (2) there shall be substituted –

(2) For the purpose of calculating any benefit in respect of officer service that is treated as practitioner service under sub-paragraph (1), the member’s superannuable pay in respect of that officer service –

(a)may be disregarded and his uprated earnings increased by the same proportion as his practitioner’s service is increased by virtue of the officer service being treated as practitioner service under sub-paragraph (1); or

(b)may be treated as superannuable earnings,

whichever is the more favourable to him..

(c)after sub-paragraph (5), there shall be inserted the following sub-paragraphs –

(5A) Where a member has more than 10 years officer service before first becoming –

(a)a principal practitioner; or

(b)a practitioner providing piloted services,

the member’s officer service before first becoming such a practitioner may be treated as practitioner service if it would be more favourable to him.

(5B) For the purpose of calculating any benefits in respect of officer service that is treated as practitioner service under sub-paragraph (5A), the member’s superannuable pay in respect of that officer service shall be treated as superannuable earnings..

(d)after sub-paragraph (6) there shall be inserted the following sub-paragraphs –

(6A) Subject to sub-paragraph (8), if a member has in total 1 year’s officer service or more on the last occasion on which he ceases to be a practitioner before his pension under the scheme becomes payable, that officer service may be treated as practitioner service if it would be more favourable to him.

(6B) Any officer service which is treated as practitioner service by virtue of sub-paragraph (6) or (6A) shall include any periods of officer service which are concurrent with periods of practitioner service.;

(e)in sub-paragraph (7) “after sub-paragraph (6) there shall be inserted “or (6A).”;

(f)in sub-paragraph (8) –

(aa)after “sub-paragraph (6)” in the first and third places where it occurs, there shall be inserted “or (6A)”;

(bb)for the words “sub-paragraph (6) will not” there shall be substituted the words “neither sub-paragraph (6) or (6A) will”;

(cc)in sub-paragraph (a) after “sub-paragraph (1)” there shall be inserted “or (5A)”;

(g)in sub-paragraph (11), after “sub-paragraph (6)”, there shall be inserted “, sub-paragraph (6A)”.

(2) After paragraph 11 (Normal retirement pension) there shall be inserted the following paragraph –

Practitioners with benefits from both practitioner and officer service

11A.(1) A member –

(a)who has at least 2 years' qualifying service or in respect of whom a transfer payment has been made to the scheme in respect of his rights under a personal pension scheme;

(b)who ceases to be in officer service while continuing in practitioner service; and

(c)whose officer service is not treated as practitioner service under paragraphs 9(5A) or (6A),

shall be entitled to receive a separate pension and retirement lump sum in respect of his officer service.

(2) A member –

(a)who has at least two years' qualifying service or in respect of whom a transfer payment has been made to the scheme in respect of his rights under a personal pension scheme; and

(b)who ceases, or who ceased before 1st April 2003, to be in practitioner service while continuing in officer service on or after that date,

shall be entitled to receive a separate pension and retirement lump sum in respect of such of his superannuable service as specified in sub-paragraph (3).

(3) The superannuable service specified for the purposes of sub-paragraph (2) is –

(a)any practitioner service; and

(b)any officer service which falls to be treated as practitioner service under paragraph 9.

(4) Subject to sub-paragraph (5), the amount of any pension or retirement lump sum which a member is entitled to receive under sub-paragraph (1) or (2) shall be the same as the amount of the pension or retirement lump sum which the member would have been entitled to receive under these Regulations if he had left superannuable employment on the day on which he ceased to be in officer service or, as the case may be, ceased to be in practitioner service.

(5) A member who is entitled to a pension and retirement lump sum under sub-paragraph (2) shall, if it would be more favourable to him, be treated as having continued in practitioner service until the last day of his superannuable employment..

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