The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010

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 (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”), Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 155) (“the Compensation Regulations”), and the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 294) (“the AVC Regulations).

Regulation 1 provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from various dates before the date of commencement. Article 14(1) of the Superannuation Order 1972 provides authority for the regulations specified in regulation 1(3) to (4) to take effect as from a date earlier than the making of these Regulations.

The remainder of the Regulations are divided into six Parts, with Parts 2 to 5 amending the 1995 Regulations, the 2008 Regulations, the Compensation Regulations and the AVC regulations respectively, and Part 6 providing that certain persons detrimentally affected by these Regulations may elect for the provisions not to apply to them.

Parts 2 and 3 make similar amendments in respect of both the 1995 Regulations and the 2008 Regulations. They also introduce amendments specific to either the 1995 Regulations or the 2008 Regulations.

The changes dealing with similar issues in Parts 2 and 3—

• introduce changes as to when a person may contribute or accrue further service in the Scheme (regulations 11, 97 to 101, 103 and 104);

• clarify the way in which pensionable earnings will be determined if a member has officer service before practitioner service that was the result of a transfer-in of benefits to the Scheme (regulations 11(2)(e) and 102);

• make changes in terminology to reflect the fact that there is one HSC Pension Scheme consisting of two sections (the 1995 Section and the 2008 Section) (regulations 4, 12 (and Schedule 1), 15, 16, 20, 56 and 105 (and Schedule 2)).

The changes specific to Part 2, amend the provisions relating to—

• entitlement to a higher tier ill-health pension where a member is a pensioner member of the 1995 Section and an active member of the 2008 Section of the Scheme (regulation 5);

• the benefits to be paid following the death of a 1995 Section pensioner who is also a member of the 2008 Section (regulations 6 and 9).

The amendments in Part 2 also deal with minor technical amendments relating to pensions for surviving nominated partners (regulation 7) and for death in employment (regulation 8).

The changes specific to Part 3 are—

• the amendment of the provisions relating to—

• ill-health pensions (regulations 33(2) and 74(2))

• circumstances in which the “host Board” is deemed to be the employer of general medical and dental practitioners and non-GP providers (regulations 16, 22 and 56)

• eligibility for membership of the 2008 Section (regulation 62)

• the treatment of transfer values under former schemes received by the Scheme in respect of practitioner members (regulations 91 to 94 and 102)

• the introduction of the provisions relating to the “Choice Exercise” under which a 1995 section member may opt to join the 2008 Section of the Scheme (“a 2008 Section Optant”) and the terms on which he may do so and the effect on benefits of doing so (Part 2 Chapter 10 and Part 3 Chapter 10 inserted by regulations 55 and 96 respectively).

A number of amendments that are also consequential upon the insertion of new Chapters 10 of Part 2 and 3 are also made (16 to 19, 21, 23 to 54, 57 to 61, 63 to 90 and 95).

Part 4 amends regulation 5 (Crediting a period of additional service) of the Compensation regulations, in respect of the calculation of additional periods of service for those who are made redundant on or after 1st September 2009 but before 1st October 2011 (regulation 106, new paragraphs 1D to 1H).

The changes made to the AVC regulations by Part 5, are the insertion of a cross references to the 2008 regulations and to reflect the lump sum rule in section 166(1) of the Finance act 2004. (regulation 107).

Part 6 provides that deferred members, or members in receipt of a relevant benefit, who are detrimentally affected by these Regulations may elect for the provisions not to apply to them by giving notice within six months of the coming into operation of these Regulations (regulation 108).