The Health and Personal Social Services (Superannuation Scheme and Compensation for Premature Retirement) (Amendment) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 96

Health And Personal Social Services

The Health and Personal Social Services (Superannuation Scheme and Compensation for Premature Retirement) (Amendment) Regulations (Northern Ireland) 2008

Made

6th March 2008

Coming into operation

30th March 2008

The Department of Health, Social Services and Public Safety(1), makes the following Regulations in exercise of the powers conferred by Articles 12, 14 and 19 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972(2) with the consent of the Department of Finance and Personnel.

In accordance with Article 12(4) of that Order the Department has consulted with such representatives of persons likely to be affected by these Regulations as appear to it to be appropriate.

Citation, commencement and retrospective effect

1.—(1) These Regulations may be cited as the Health and Personal Social Services (Superannuation Scheme and Compensation for Premature Retirement) (Amendment) Regulations (Northern Ireland) 2008.

(2) These Regulations shall come into operation on 30th March 2008 and shall have effect from 1st December 2006.

Interpretation

2.  In these Regulations—

“the Superannuation Scheme Regulations” means the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995(3);

“the Compensation for Premature Retirement Regulations” means the Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983(4).

Amendment of the Superannuation Scheme Regulations

3.—(1) The Superannuation Scheme Regulations are amended in accordance with this regulation.

(2) In regulation 11 (Contributions by employing authorities)—

(a) in paragraph (3) after “regulation 14 (Early retirement pension (redundancy etc))”, insert “or regulation 14A (Early retirement pension (termination of employment by employing authority))”;

(b) for paragraph (3)(b), substitute—

“(b) the cost of providing the pension under—

(i) regulation 15 (Early retirement pension (employer’s consent)) for the period between the member’s leaving superannuable employment and reaching age 60;

(ii) regulation 14A (Early retirement pension (termination of employment by employing authority)) for the period between the member’s leaving superannuable employment and reaching age 60 or, in the case of a member to whom regulation 75 (Nurses, physiotherapists, midwives and health visitors) or regulation 76 (Mental health officers) applies, age 55;”;

(c) in paragraph (7)(a) and (b), before “15”, insert “14A or”.

(3) After—

(a) “regulation 14 (Early retirement pension (redundancy etc))” in each of the following provisions, insert “or regulation 14A (Early retirement pension (termination of employment by employing authority))”—

(i) paragraph (3) of regulation 57 (Early leaver without pension or preserved pension);

(ii) paragraph (3)(b) of regulation 75 (Nurses, physiotherapists, midwives and health visitors);

(iii) paragraph (9) of regulation 76 (Mental health officers);

(iv) paragraph (6) of regulation 77 (Members doing more than one job);

(b) “regulation 14” in paragraph (10A) (twice) and (10B) of regulation 77(5), insert “or regulation 14A”.

(4) In paragraph (6) of regulation 78(6) (Part-time employment)—

(a) after “regulation 14 (Early retirement pension (redundancy etc))”, insert “or regulation 14A (Early retirement pension (termination of employment by employing authority))”;

(b) for sub-paragraph (a)(ii), substitute—

“(ii) the qualifying service for the purposes of regulation 14(2)(a) or regulation 14A(2)(a);”.

(5) For regulation 14 (Early retirement pension (redundancy etc)), substitute—

“Early retirement pension (redundancy etc)

14.— (1) This regulation shall apply to a member—

(a) who—

(i) was in superannuable employment on 1st December 2006, or

(ii) returns to such employment on, or after, that date and who is entitled to a preserved pension under regulation 49, or

(iii) returns to superannuable employment after that date having had a break in such employment which does not exceed 12 months but includes 1st December 2006 and who is not entitled to a preserved pension under regulation 49, or

(iv) is certified by his employing authority as having a period of continuous employment (determined in accordance with terms and conditions relevant to that employment and as they applied on 1st October 2006);

(b) whose employment is terminated by his employing authority before 1st October 2011; and

(c) who satisfies the conditions specified in paragraph (2).

(2) Those conditions are that—

(a) he has at least 5 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;

(b) the Department certifies—

(i) that the member’s employment is terminated by reason of redundancy, or

(ii) with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which he is employed; and

(c) his employing authority does not certify that he has unreasonably refused to seek suitable alternative employment or accept an offer of such employment.

(3) A member who satisfies the conditions in paragraph (2) shall be entitled to a pension calculated as described in regulation 12 (Normal retirement pension).

(4) This regulation does not apply to—

(a) practice staff;

(b) practitioners; or

(c) non-GP providers.

Early retirement pension (termination of employment by employing authority)

14A.— (1) This regulation applies to a member—

(a) whose superannuable employment is terminated by his employing authority; and

(b) who satisfies the conditions specified in paragraph (2).

(2) Those conditions are that—

(a) he has 2 years’ qualifying service and has attained normal minimum pension age or, where relevant, protected pension age;

(b) his employing authority certifies he has at least 2 years’ continuous employment determined in accordance with any terms and conditions applying to that employment;

(c) his employing authority does not certify that he has unreasonably refused to seek suitable alternative employment or accept an offer of such employment;

(d) the Department certifies—

(i) that the member’s employment is terminated by reason of redundancy, or

(ii) with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which he is employed; and

(e) he makes a claim for the pension referred to in this regulation.

(3) A claim referred to in paragraph (2)(e) shall —

(a) be in writing and addressed to the Department;

(b) be made within 6 months of the employment terminating; and

(c) contain such information as the Department may from time to time require.

(4) A member who satisfies the conditions in paragraph (2) shall be entitled to a pension calculated as described in regulation 12 (Normal retirement pension).

(5) Where a person who claims a pension under this regulation—

(a) has received—

(i) a redundancy payment under the Employment Rights (Northern Ireland) Order 1996(7),

(ii) a corresponding payment under the arrangements of the NHS Staff Council, or

(iii) a payment made by virtue of any arrangement made pursuant to paragraph 17 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991(8) (Health and Social Services Trusts – general powers),

in respect of the cessation of the employment; and

(b) the terms and conditions relevant to the employment require that payment or payments to be reduced to take account of the additional contributions the employing authority must make to the Department in accordance with regulation 11(3) (Contributions by employing authorities); but

(c) that payment or payments have not been so reduced,

the pension shall be reduced by an amount equal to the amount of that payment or payments and may be reduced to zero.

(6) This regulation does not apply to—

(a) practice staff;

(b) practitioners; or

(c) non-GP providers.

Early retirement pension (redundancy etc notifications)

14B.— (1) This regulation applies to a member—

(a) who satisfies the conditions specified in regulation 14 (Early retirement pension (redundancy etc)) and 14A (Early retirement pension (termination of employment by employing authority)); and

(b) whose superannuable employment is terminated by his employing authority on, or after, 1st December 2006 but before 1st October 2011.

(2) A member referred to in paragraph (1) may notify the Department as to which of those regulations he wishes to apply to him and such a notification shall be—

(a) in writing (but the Department may, in its discretion, accept notification in another form);

(b) given within 6 months of the employment terminating; and

(c) irrevocable.

(3) Where a member does not notify the Department within the period mentioned in paragraph (2)(b), regulation 14 (Early retirement pension (redundancy etc)) shall apply.

Early retirement pension (special classes)

14C.— (1) This regulation applies to a member—

(a) who has attained the age of 55;

(b) to whom regulation 75 (Nurses, physiotherapists, midwives and health visitors) or regulation 76 (Mental health officers) applies, and

(c) whose employment is terminated on, or after, 1st October 2011, and either—

(i) the Department certifies that that employment is terminated by reason of redundancy, or

(ii) with the agreement of the employing authority, the Department certifies that that employment is terminated in the interests of the efficiency of the service in which he is employed.

(2) A member referred to in paragraph (1) who would, if he made a claim for it, be entitled to a pension in accordance with regulation 14A—

(a) shall (for the purpose of this regulation) be treated as retiring from superannuable employment on the day on which his employment terminates; and

(b) shall be entitled to a pension under regulation 12 (Normal retirement pension) or 16 (Early retirement pension (with actuarial reduction)) if he makes a claim for it.

(3) A claim referred to in paragraph (2)(b) shall—

(a) be in writing and addressed to the Department;

(b) be made within 6 months of the employment terminating; and

(c) contain such information as the Department may from time to time require.

Continuing entitlement to a pension under regulation 12 or regulation 16

14D.— (1) This regulation applies to a member—

(a) whose employment is certified by the Department to have terminated by reason of redundancy on, or after, 1st December 2006, and

(b) who has reached—

(i) normal minimum pension age, or, where relevant, protected pension age, or

(ii) age 60.

(2) A member referred to in paragraph (1) who would, if he made a claim for it, be entitled to a pension in accordance with regulation 14A—

(a) shall (for the purposes of this regulation) be treated as retiring from superannuable employment on the day on which his employment terminates; and

(b) shall be entitled to a pension under regulation 12 (Normal retirement pension) or regulation 16 (Early retirement pension (with actuarial reduction)) if—

(i) he satisfies the conditions set out in those regulations, and

(ii) he makes a claim for it.

(3) A claim referred to in paragraph (2)(b) shall—

(a) be in writing and addressed to the Department;

(b) be made within 6 months of employment terminating; and

(c) contain such information as the Department may from time to time require.”.

Amendment of the Compensation for Premature Retirement Regulations

4.—(1) The Compensation for Premature Retirement Regulations are amended in accordance with this regulation.

(2) For regulation 3 (Persons to whom the regulations apply) substitute—

“Persons to whom the Regulations apply

3.   These Regulations shall apply to an officer who on ceasing to be employed in the employment of an employing authority—

(a) becomes entitled to benefits in accordance with regulation 14 (Early retirement pension (redundancy etc)) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995; or

(b) notifies the Department in accordance with regulation 14B (Early retirement pension (redundancy etc notifications)) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 that he wishes regulation 14 of those Regulations to apply to him.”.

(3) In regulation 5 (Crediting of additional period of service) –

(a) after paragraph (1), insert—

“(1A) Paragraphs (1B) and (1C) shall apply where an entitled officer becomes so entitled on, or after, 1st December 2006 but before 1st October 2008.

(1B) Where at 30 September 2006 no part of the superannuable service of an entitled officer to whom there is payable a pension under regulation 14 (Early retirement pension (redundancy etc)) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995, is service in part-time employment, the additional period of service an entitled officer shall be credited with shall be equal to R and determined by the formula—

where—

P is the additional service he would have been credited with applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30th September 2006 as if he became so entitled at that date; and

Q is the period commencing on, or after, 1st October 2006 and ending on the day on which he does in fact become so entitled.

(1C) Where at 30th September 2006, any part of the superannuable service of an entitled officer to whom there is payable a pension under regulation 14 (Early retirement pension (redundancy etc)) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 is service in part-time employment,

(a) the additional period of service he shall be credited with shall be equal to P (as defined in paragraph (1B)), and

(b) the amount of compensation payable in respect of the service credited under this regulation shall not exceed “the relevant amount” as referred to in paragraph (5B) as reduced by the fraction—

and R and P have the same meaning as in paragraph (1B).

(1D) Where it is more beneficial to an entitled officer to whom paragraphs (1A) to (1C) of this regulation apply—

(a) those paragraphs shall be ignored; and

(b) he shall be credited with additional service calculated by applying paragraph (1)(a) or, as the case may be, (1)(b) to his service at 30 September 2006 and as if he became so entitled at that date.”.

(b) after paragraph (5), insert—

“(5A) For the purpose of calculating the compensation payable in respect of the additional period of service of an entitled officer, where any part of the superannuable service of an entitled officer to whom there is payable a pension under regulation 14 of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 is service in part-time employment, the compensation payable in respect of the service credited under this regulation shall not exceed the relevant amount.

(5B) In this regulation—

“the relevant amount” means the amount which bears the same proportion to the amount which would have been payable had the service not been part-time as the whole-time equivalent of an entitled officer’s superannuable service in respect of part-time employment bears to comparable whole-time employment; and

“the whole-time equivalent” is calculated using the method described in regulation 78(3) (Part-time employment) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995.”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 6th March 2008.

D C Bingham

A senior officer of the

Castle Buildings

Department of Health, Social Services and Public Safety

6th March 2008

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

Sealed with the Official Seal of the Department of Finance and Personnel on 6th March 2008.

M McIvor

A senior officer of the

Rathgael House

Department of Finance and Personnel

6th March 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (“the Superannuation Scheme Regulations”), which make provision for the superannuation of HPSS employees, and the Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983 (“the Compensation for Premature Retirement Regulations”), which provide for the payment of compensation to or in respect of a person who was a HPSS employee and has prematurely retired from that employment.

The Regulations shall have retrospective effect as authorised by Article 14(1) and 19(3) of the Superannuation (Northern Ireland) Order 1972.

Regulations 1 and 2 provide for the citation, commencement, retrospective effect and interpretation of the regulations.

Regulation 3 amends the Superannuation Scheme Regulations by—

• inserting a reference to new regulation 14A in regulation 11 (Contributions by employing authorities)

• substituting regulation 14 (Early retirement pension (redundancy etc)) with regulations 14, 14A, 14B, 14C and 14D which deal with members who are made redundant before 1st October 2011 (14); members whose superannuable employment is terminated by their employing authority (whether before or after that date) (14A); a member’s notification as to whether he wishes 14 or 14A to apply to him (14B); special provisions for special classes (14C) and the right of a member who is entitled to a pension under regulation 14A to claim a pension under regulations 12 or 16 (14D)

• inserting references to new regulation 14A in regulations 57 (Early leaver without pension or preserved pension); 75 (Nurses, physiotherapists, midwives and health visitors); 76 (Mental health officers); 77 (Members doing more than one job) and 78 (Part-time employment).

Regulation 4 amends the Compensation for Premature Retirement Regulations by—

• substituting a new regulation 3 (Persons to whom the Regulations apply) so that it refers to both regulation 14 and 14B of the Superannuation Scheme Regulations.

• inserting a reference to new paragraphs (1A), (1B), (1C), and (1D) in regulation 5 (Crediting of additional period of service). This is in respect of the calculation of additional periods of service for those who are made redundant on, or after, 1st December 2006 but before 1st October 2008 (new paragraphs (1A) to (1D))

• inserting paragraphs (5A) and (5B) in regulation 5 (Crediting of additional period of service).

(1)

See S.I. 1999/283 (N.I 1): Article 3(6)

(2)

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

(3)

S.R. 1995 No. 95 as amended by S.R. 1997 Nos. 217 and 390; S.R. 1998 No. 299; S.R. 1999 No. 293; S.R. 2002 No. 69; S.R.2004 Nos. 103 and 104; S.R. 2005 Nos. 155, 533, 534 and 565 and S.R. 2006 Nos. 159 and 410

(4)

S.R. 1983 No. 155 as amended by S.R. 1986 No. 322; S.R. 1991 No. 506 and S.R. 2005 No. 533

(5)

Paragraphs (10A) & (10B) were inserted in Regulation 77 by S.R. 1998 No. 299

(6)

Regulation 78 was amended by S.R. 2002 No. 69 to include the reference to regulation 14 and to insert new sub-paragraph (a)(ii)

(7)

S.I. 1996 /1919 (N.I. 16)

(8)

S.I. 1991/ 194 (N.I. 1)