PART 1

Preliminary

Interpretation
3
In these Regulations—
- “the Act” means the Public Service Pensions Act (Northern Ireland) 2014;
- “the 1995 Order” means the Pensions (Northern Ireland) Order 1995 ;
- “the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order 1999 ;
- “the 2008 Act” means the Pensions Act (Northern Ireland) 2008 ;
- “the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993 ;
- “accepted school” has the meaning given in paragraph 1 of Schedule 1;
- “accrual rate” means the fraction of pensionable earnings that accrue as earned pension for a financial year;
- “accrued additional pension”—
  1. for the purpose of a full retirement pension other than a phased retirement pension, has the meaning given in regulation 46(4);
  2. for the purpose of a phased retirement pension, has the meaning given in regulation 47(3);
- “accrued club transfer earned pension”—
  1. for the purpose of a full retirement pension, has the meaning given in regulation 46;
  2. for the purpose of a phased retirement pension, has the meaning given in regulation 47;
- “accrued earned pension”—
  1. for the purpose of a full retirement pension other than a phased retirement pension, has the meaning given in regulation 46;
  2. for the purpose of a phased retirement pension, has the meaning given in regulation 47;
- “accrued pension” means—
  1. accrued earned pension;
  2. accrued club transfer earned pension (if any); and
  3. accrued additional pension (if any);
- “accrued rights” does not include a right to benefits attributable (directly or indirectly) to a pension credit;
- “active member”, in relation to this scheme, means a person who is in pensionable service under this scheme;
- “active member's account” has the meaning given in regulation 50;
- “actuarial”, in relation to a calculation or value, means determined by, or in accordance with tables or guidance prepared by, the scheme actuary;
- “actuarial adjustment” has the meaning given in regulation 74;
...
- “additional pension” means—
  1. additional (self only) pension; or
  2. additional (surviving adult) pension;
- “additional pension account” has the meaning given in Chapter 5 of Part 4;
- “additional pension contributions” means contributions for an additional pension;
- “additional pension election” means an election under Chapter 1 of Part 2 of Schedule 2;
- “additional (self only) pension” means an additional pension payable to a pensioner member;
- “additional (surviving adult) pension” means an additional pension payable to the member's surviving adult after the member has died;
- “adoption leave” has the meaning given in regulation 2(1) of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 ;
- “age retirement pension” means a pension payable under Chapter 2 of Part 5;
- “amount of credited pension” has the meaning given in regulation 80(3);
- “annual amount of pensionable earnings”, in relation to any year, means the amount of pensionable earnings payable in that year;
- “annual rate of pensionable earnings” means—
  1. for a member who is in pensionable service in relation to one full-time employment only, the annual rate of pensionable earnings for that employment;
  2. for a member who is in pensionable service in relation to one part-time employment only, the annual rate of pensionable earnings that would be payable if that employment were a full-time employment;
  3. for a member who is in pensionable service in relation to one irregular employment only, the annual rate of pensionable earnings that would be payable if that employment were a full-time employment; and
  4. for a member who is in pensionable service in relation to more than one employment, the member's full-time equivalent annual rate of pensionable earnings calculated under Chapter 5 of Part 3;
- “balance of contributions” means the amount of contributions repayable under regulation 189;
- “board” means an education and library board;
- “buy-out contributions” means contributions to buy out the standard reduction;
- “cash transfer sum” has the meaning given in section 97AB of the Pension Schemes Act ;
- “child pension” means a pension payable under regulation 149;
- “club scheme” means a registered occupational pension scheme (other than a connected scheme) that has agreed to make and receive transfer value payments under the club transfer arrangements;
- “club transfer” means a transfer to or from this scheme under the club transfer arrangements;
- “club transfer arrangements” means arrangements approved by the scheme manager as providing reciprocal arrangements between this scheme and other registered occupational pension schemes for making and receiving transfer value payments;
- “club transfer earned pension” means pension attributable to the receipt of a club transfer value;
- “club transfer value”, in relation to earned pension accrued under this scheme or under another club scheme, has the meaning given in Part 10 (transfers);
- “commutation amount” has the meaning given in regulation 75;
- “connected scheme” has the meaning given in regulation 4;
- “continuity of service”, in relation to a transition member, has the meaning given in Part 1 of Schedule 3;
- “contributions equivalent premium” means a premium under section 51(2) of the Pension Schemes Act;
- “death grant” means a death grant under Part 6;
- “deferred member”, in relation to this scheme, means a person (other than an active member or pensioner member of this scheme) who has accrued rights under this scheme;
- “deferred member's account” has the meaning given in Chapter 6 of Part 4;
- “Department” means the Department of Education;
- “determination” means a determination made under Article 69 of the Education and Libraries (Northern Ireland) Order 1986;
- “dual capacity member” has the meaning given in regulation 21;
- “early retirement pension” means a pension payable under regulation 104;
- “earned pension” means pension calculated by reference to a member's pensionable earnings;
- “eligible child” has the meaning given in regulation 137;
- “eligible employment” has the meaning given in regulation 14;
- “employed” means employed under a contract of employment;
- “employment” means employment under a contract of service;
- “entitlement day”, in relation to a benefit payable under a Chapter in Part 5, has the meaning given in that Chapter;
- “existing club transfer arrangements” means arrangements approved by the scheme manager of the existing scheme as providing reciprocal arrangements between the existing scheme and other existing club schemes for making and receiving transfer value payments;
- “an existing club scheme” means a registered occupational pension scheme which belonged to the transfer club on the scheme closing date;
- “an existing scheme” means an existing scheme as defined in section 18(2) of the Act;
- “the existing scheme” means the scheme constituted by regulations made under Article 11 of the Superannuation (Northern Ireland) Order 1972 (whether made before or after the coming into operation of these Regulations);
- “faster accrual contributions” has the meaning given in Schedule 2;
- “faster accrual earned pension”, in relation to a financial year, means the amount of earned pension calculated by applying the faster accrual rate to the member's pensionable earnings for that year;
- “faster accrual election” means an election under Chapter 1 of Part 3 of Schedule 2;
- “financial year” means the 12 months ending with 31st March in any year;
- “full retirement additional pension” has the meaning given in regulation 70;
- “full retirement earned pension” has the meaning given in regulation 69;
- “full retirement pension” means—
  1. a full retirement earned pension; and
  2. a full retirement additional pension (if any);
- “full-time”, in relation to employment, has the meaning given in regulation 16(a);
- “GMP age” means 65 in the case of a man or 60 in the case of a woman;
- “guaranteed minimum” means a guaranteed minimum under section 10 of the Pension Schemes Act;
- “guaranteed minimum pension” has the meaning given in section 4(2) of the Pension Schemes Act;
- “ill-health pension” means a pension payable under regulation 110;
- “ill-health retirement benefits” means—
  1. an ill-health pension; and
  2. a lump sum payable under regulation 168 in place of part of that pension;
- “incapacitated” has the meaning given in Chapter 6 of Part 5 (ill-health retirement);
- “index adjustment” means—
  1. in relation to the opening balance of earned pension for any financial year (other than the opening balance of club transfer earned pension), means the percentage increase or decrease in prices specified in the order made by the Department of Finance and Personnel for the previous financial year, plus 1.6%; and
  2. in relation to the opening balance of club transfer earned pension for any financial year, means the adjustment that would apply to the opening balance of that amount of earned pension under the sending scheme for the previous financial year;
- “initial payment” has the meaning given in regulation 164 or 165;
- “last active financial year” has the meaning given in regulation 46(5);
- “last day of pensionable service”, in relation to a member, means the day on which a member leaves all pensionable service;
- “leaver index adjustment” has the meaning given in Chapter 1 of Part 4;
- “leaver PIA index adjustment” has the meaning given in Chapter 1 of Part 4;
- “maternity leave” means ordinary maternity leave or additional maternity leave within the meaning of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999 ;
- “member”, in relation to this scheme, means an active member, deferred member, pensioner member or pension credit member;
- “members' contributions” means contributions payable under regulation 185(1) on pensionable earnings;
- “members' contributions rate” has the meaning given in regulation 185;
- “non-pensionable family leave” means a period of adoption leave, maternity leave, parental leave, shared parental leave or paternity leave ... during which the employee—
  1. does not receive any statutory pay; and
  2. is not paid a salary or is paid less than half the salary;
- “non-pensionable sick leave” means a period of sick leave taken by an employee with the consent of the employer, during which the employee—
  1. does not receive any statutory pay; and
  2. is not paid a salary or is paid less than half the employee's salary;
- “normal minimum pension age” has the same meaning as in section 279(1) of the Finance Act 2004 ;
- “normal pension age”—
  1. in relation to this scheme, is determined in accordance with section 10 of the Act; and
  2. in relation to the existing scheme, has the meaning given in that scheme;
- “occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act;
- “opening balance”, in relation to earned pension or transferred pension, has the meaning given in regulation 54;
- “opening balance”, in relation to additional pension, has the meaning given in regulation 59;
- “parental leave” means leave within the meaning of Part 3 of the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999;
- “part-time”, in relation to employment, has the meaning given in regulation 16(b);
- “paternity leave” means leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 ;
- “pay period”, in relation to the payment of a member's pensionable earnings, means the period in respect of which the payment is made;
- “pension credit” has the meaning given in Chapter 1 of Part 7 (benefits for pension credit members);
- “pension credit member” has the meaning given in Chapter 1 of Part 7;
- “pension credit member's account” has the meaning given in regulation 80;
- “pension credit retirement pension” has the meaning given in Chapter 1 of Part 7;
- “pension debit member” has the meaning given in Chapter 1 of Part 7;
- “pensionable earnings” has the meaning given in Chapter 4 of Part 3;
- “pensionable service” has the meaning given in Chapter 4 of Part 3;
- “pensioner member”, in relation to this scheme, means a person who is entitled to payment of a retirement pension under this scheme;
- “pensioner member's account” has the meaning given in regulation 76;
- “pension sharing order” means any provision or order specified in Article 25 of the 1999 Order;
- “period of permanent service”, in relation to service in the armed forces, has the meaning given in regulation 26;
- “permitted maximum” means the amount determined in accordance with paragraph 2 of Schedule 29 to the Finance Act 2004;
- “personal pension scheme” means a personal pension scheme as defined in section 1 of the Pension Schemes Act that is a registered pension scheme;
- “phased retirement application” means an application under regulation 162 for payment of a phased retirement pension;
- “phased retirement additional pension” has the meaning given in regulation 72;
- “phased retirement earned pension” has the meaning given in regulation 71;
- “phased retirement pension” means—
  1. a phased retirement earned pension; and
  2. a phased retirement additional pension (if any);
- “phased retirement proportion” means the proportion of accrued earned pension specified in a phased retirement application;
- “PIA index adjustment”, in relation to the opening balance of additional pension for any financial year, means the amount by which the annual rate of a pension of an amount equal to the opening balance would have been increased in that year under the Pensions (Increase) Act (Northern Ireland) 1971 if—
  1. that pension were eligible to be so increased; and
  2. the beginning date for that pension were the first day of the previous financial year;
- “post-benefit service” has the meaning given in regulation 83(3);
- “premature retirement pension” means a pension payable under regulation 101;
- “prospective normal pension age”, in relation to a member's prospective entitlement to benefits, means the normal pension age that the scheme manager determines (by reference to directions given by the Department of Finance and Personnel under section 11(2) of the Act) would apply in relation to those benefits;
- “protected member” has the meaning given in Part 1 of Schedule 3;
- “public service scheme” means a scheme under section 1 of the Act;
- “qualified”, in relation to retirement benefits payable under this scheme, has the meaning given in regulation 82;
- “registered”, in relation to a pension scheme, means registered under Chapter 2 of Part 4 of the Finance Act 2004;
- “re-qualified”, in relation to retirement benefits payable under this scheme, has the meaning given in regulation 83;
- “retirement benefits” means—
  1. a retirement pension; and
  2. any lump sum payable under regulation 168 in place of part of that pension;
- “retirement pension” means—
  1. an age retirement pension;
  2. a phased retirement pension;
  3. a premature retirement pension;
  4. an early retirement pension;
  5. an ill-health pension;
  6. a total incapacity pension;
- “salary” means gross salary payable under a contract of employment;
- “this scheme” means the scheme established by these Regulations;
- “scheme actuary” means the person appointed by the scheme manager for the time being to provide a consulting service on actuarial matters;
- “scheme closing date” means 31st March 2015;
- “
scheme manager
”
has the meaning given in regulation 7
;
- “sending scheme” means a pension scheme to which an application is made for payment of a transfer value or a club transfer value;
- “shared parental leave” has the meaning given in regulation 3(1) of the Shared Parental Leave Regulations (Northern Ireland) 2015;
- “short-service serious-ill health grant” means a grant payable under Chapter 7 of Part 5;
- “standard accrual rate”, in relation to a member's pensionable earnings, means 1/57th;
- “standard earned pension”, in relation to a financial year, means the amount of earned pension calculated by applying the standard accrual rate to the member's pensionable earnings for that year;
- “standard increase”, in relation to pensionable earnings, has the meaning given in Chapter 4 of Part 3;
- “standard rate”, in relation to interest, means the Superannuation Contributions Adjusted for Past Experience discount rate set by the Department of Finance and Personnel;
- “standard reduction” has the meaning given in regulation 73;
- “statutory pay” means—
  1. statutory adoption pay, statutory maternity pay or statutory paternity pay within the meaning of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 , or
  2. statutory shared parental pay payable in accordance with Part 12ZC of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
- “surviving adult” has the meaning given in regulation 134;
- “surviving adult pension” means a pension payable under regulation 142;
- “surviving civil partner” means a person who, at the time of a member's death, was in a civil partnership with the member;
- “surviving nominated beneficiary” has the meaning given in regulation 136;
- “surviving nominated partner” has the meaning given in regulation 135;
- “surviving spouse” means a person who, at the time of a member's death, was married to the member;
- “survivor's pension” means a surviving adult pension, additional (surviving adult) pension or child pension;
- “total incapacity benefits” means—
  1. a total incapacity pension; and
  2. a lump sum payable under regulation 168 in place of part of that pension;
- “total incapacity pension” means a pension payable under regulation 116;
- “transfer club” means the club of registered occupational pension schemes which make and receive transfer value payments under the club transfer arrangements;
- “transfer payment” means a transfer value payment or a cash transfer sum made or received by this scheme in relation to a member;
- “transfer value”, in relation to accrued rights other than rights to earned pension accrued under this scheme or under another club scheme, has the meaning given in Part 10 (transfers);
- “transfer value payment” means—
  1. the payment of a transfer value or club transfer value under Part 10 (transfers);
  2. the payment of a transfer value under Chapter II of Part IV of the Pension Schemes Act;
- “transferred pension” means pension attributable to the receipt of a transfer value;
- “transition member” has the meaning given in Part 4 of Schedule 3;
1995 No. 3213 (N.I.22).
1999/3147 (N.I. 11).
2008 c.1(NI) .
1993 c.49.
S.R. 2002 No. 377.
Section 97AB was inserted by Article 241 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005 No. 255 (N.I. 1).
S.R. 1972 No. 1073 (NI 10).
S.R. 1999 No. 471 to which there are amendments not relevant to these Regulations.
2004 c.12.
S.R. 2002 No. 377.
1992 c.7.
See section 1 of the Civil Partnership Act 2004 (c.33) for the meaning of “civil partnership”.
Words in reg. 3 substituted (1.4.2015) by The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 7
Words in reg. 3 inserted (15.3.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(2), 23(2)(b)(i)
Words in reg. 3 substituted (15.3.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(2), 23(2)(c)
Words in reg. 3 inserted (15.3.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(2), 23(2)(d)
Words in reg. 3 omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(3), 23(2)(a) (with art. 25)
Words in reg. 3 omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(3), 23(2)(b)(ii) (with art. 25)