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The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

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The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008, Section 6 is up to date with all changes known to be in force on or before 03 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Interpretation: generalN.I.

6.—(1) In Part I and in this Part—

[F1“2008 Section Optant” has the meaning given in regulation 136A;]

[F2“the 2010 Regulations” means the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010;]

[F3“the 2011 Act” means the Finance Act 2011;]

[F4“the 2014 Act” means the Public Service Pensions Act (Northern Ireland) 2014;

“the 2015 Scheme” means the scheme as set out in the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015;]

“the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 M1;

“the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993 M2;

“the 1995 Order” means the Pensions (Northern Ireland) Order 1995 M3;

“the 1995 Regulations” means the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 M4;

[F1“the 1995 Section” means the section of the Health and Social Care Pension Scheme as set out in the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995;]

“the 1997 Order” means the Health Services (Primary Care) (Northern Ireland) Order 1997 M5;

“the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order 1999 M6;

“the 2003 Order” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 M7;

“the 2004 Order” means the General Medical Services Transitional and Consequential Provisions (No.2) (Northern Ireland) Order 2004 M8;

[F5“the 2008 Act” means the Pensions (No.2 ) Act (Northern Ireland) 2008;]

“the Agency” means the Northern Ireland Central Services Agency for the Health and Social Services established under Article 26 of the 1972 Order;

“active member” has the meaning given in Article 121 (1) of the 1995 Order and, except where the context otherwise requires, refers to membership of [F6this Section of] the Scheme (but see regulation 49(9));

“additional pension”, in relation to a member, except where the context otherwise requires, means so much of any pension payable to a member as is payable by virtue of contributions made under regulations 34, 36 and 37;

“additional services” has the meaning given in regulation 137;

“APMS contract” means arrangements under Article 56 (2)(b) of the 1972 Order (primary medical services) between a Health and Social Services Board and an APMS contractor;

“APMS contractor” means a person—

(a)

with whom a Health and Social Services Board has made arrangements under Article 56 (2)(b) of the 1972 Order, and

(b)

who has entered into, or would be eligible to enter into, a GMS contract for the provision of primary medical services;

“assistant medical practitioner” has the meaning given in regulation 137;

[F7“automatic enrolment date” means the date referred to in section 3(7) of the 2008 Act;

“automatic re-enrolment date” means the date determined in accordance with regulation 12 of the 2010 Regulations (as modified by regulation 14 of those regulations);]

“bank holiday” means any day that is specified or proclaimed as a bank holiday, pursuant to section 1 of the Banking and Financial Dealings Act 1971 M9;

“base rate” means the Bank of England base rate—

(a)

announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or

(b)

where an order under section 19 of the Bank of England Act 1998 is in force, any equivalent rate determined by Treasury under that section;

“buy-out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 15 of the 1993 Act (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts) and “buy out” must be read accordingly;

“capped transferred-in service” must be read in accordance with regulation 104;

“cash equivalent” is to be construed in accordance with Chapter IV of Part IV of the 1993 Act;

“CCT” means a Certificate of Completion of Training awarded under article 8 of the 2003 Order, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;

“certification services” has the meaning given in regulation 137;

“chapter” unless otherwise specified, means a chapter in this Part;

“collaborative services” has the meaning given in regulation 137;

“commissioned services” has the meaning given in regulation 137;

[F8“consumer prices index” means the all items consumer prices index published by the Statistics Board of the UK Statistics Authority for the month of February immediately preceding a relevant year;]

“contracting-out requirements” means the requirements mentioned in section 5(2) of the 1993 Act;

“contribution option period” has the meaning given in regulation 34(8);

[F9“corresponding 1995 scheme” means a corresponding health service scheme the provisions of which the Department has determined correspond to the provisions of the 1995 Regulations;

“corresponding 2008 scheme” means a corresponding health service scheme the provisions of which the Department has determined correspond to the provisions of these Regulations;]

[F10“corresponding health service scheme” means—

(a)

a superannuation scheme provided under regulations made under section 10 of the Superannuation Act 1972 and having effect in England, Wales and Scotland,

(b)

[F11a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald), in the case of a member who entered HSC employment on or before 1st April 2012, and]

(c)

any other occupational pension scheme approved for the purposes of this regulation by the Department;]

“deferred member” has the meaning given in section 121(1) of the 1995 Order, except where the context requires otherwise, refers to membership of [F6this Section of] the Scheme (but see paragraph (2) and regulation 49(9));

[F12“dental list” means a list kept pursuant to the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993;]

[F12“dental pilot scheme employee” means an individual who, in connection with the provision of personal dental services in accordance with a pilot scheme, is employed by a person providing those services;]

“dentist performer” means a dentist who has undertaken to provide general dental services (GDS) and whose name is included in a list of dentists prepared by the Agency under regulation 4 of the Health and Personal Social Services General Dental Services Regulations (Northern Ireland) 1993 M10;

“Department” means the Department of Health, Social Services and Public Safety;

“dependent child” is to be construed in accordance with regulation 75;

“dispensing services” has the meaning given in regulation 137;

[F1“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000;]

“employing authority” means—

(a)

F13...

(b)

F13...

(c)

F13...

(d)

any other body which is constituted under an Order relating to health services [F14(in whole or in part)] and which the Department agrees to treat as an employing authority for the purposes of the Scheme,

(e)

an OOH provider,

(f)

an APMS contractor,

(g)

a GMS practice,

(ga)

[F15a GP Federation which the Department agrees to treat as an employing authority for the purposes of this section of the scheme;]

(h)

a PMS practice, and

(i)

in relation to a person who is subject to a direction made under Article 12 (5) of the Superannuation (Northern Ireland) Order 1972, and subject to such modifications to this Part as the Department may in any particular case direct, any employer of such a person whom the Department agrees to treat as an employing authority for the purposes of this Part;

(j)

[F16[F17Health and Social Care Trust (HSC Trust) established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991;]

(k)

“Regional Health and Social Care Board (RHSCB)” established under section 7(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

(l)

“Regional Business Services Organisation (RBSO)” established under section 14(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

(m)

“Patient and Client Council (PCC)” established under section 16(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

(n)

“Regional Agency for Public Health and Social Wellbeing (RAPHSW)” established under section 12(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009]

"employment" includes an office or appointment (other than an honorary office or appointment), and related expressions are to be read accordingly;

"enhanced services" has the meaning given in regulation 137;

"essential services" has the meaning given in regulation 137;

"GDS arrangements" means arrangements for the provision of general dental services under Article 61 of the 1972 Order;

"GDS provider" is a person who is a party to GDS arrangements;

"GMS contract" means a contract under Articles 57 and 57A of the 1972 Order;

"GMS practice" means—

(a)

a registered medical practitioner [F18who is a principal medical practitioner] ,

(b)

two or more [F18such] individuals practising in partnership, or

(c)

a company limited by shares,

with whom a Health and Social Services Board has entered into a GMS contract;

[F19“GOS arrangements” has the meaning given in regulation 13 of the General Ophthalmic Services Regulations (Northern Ireland) 2007;]

[F20“GP Federation” means a community interest company limited by guarantee, all the members of which are fully registered persons within the meaning of section 55 of the Medical Act 1983 and whose names are included in the medical performers list;]

"GP performer" means a registered medical practitioner, other than a GP Register or a locum practitioner, whose name is included in a medical performers list and who performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services or certification services (or a combination of those services)—

(a)

under a GMS contract or an APMS contract,

(b)

on behalf of an OOH provider, or

(c)

under a contract of service or for services with a Health and Social Services Board which relates to arrangements under which it provides primary medical services under Article 56 of the 1972 Order;

[F19“GP provider” has the meaning given in regulation 137;]

"GP Registrar" means a medical practitioner who is being trained in general practice by a general medical practitioner who is approved under article 4(5)(d) of the 2003 Order for the purpose of providing training under article 5(1)(c)(i) of that Order, whether as part of training leading to the award of a CCT or otherwise;

"GP trainer" means a registered medical practitioner who is approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i) of that Order;

[F12“HSC dental employee” means an individual who, in connection with the provision of health care in the health service is employed by—

(a)

a HSC Trust;

(b)

the Regional Board;

(c)

a registered dentist; or

(d)

a registered dentist who is providing personal dental services in accordance with a pilot scheme;]

"HSC employment" means employment with an employing authority;

[F12“HSC Trust” means a trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991;]

F21...

"the guarantee date" has the meaning given in regulation 94(2);

"guaranteed cash equivalent transfer value payment" has the meaning given in regulation 95(3);

"guaranteed minimum pension" means guaranteed minimum pension, or accrued rights to guaranteed minimum pension, under section 10 of the 1993 Act;

[F22"host Board", in respect of a person who is a [F23principal medical practitioner] or non-GP provider who is—

(a)

a partner in a partnership—

(i)

that is a GMS practice, or

(ii)

that is an APMS contractor that has entered into an APMS contract for the provision of primary medical services;

(b)

a shareholder in a company limited by shares that is a GMS practice or an APMS contractor that has entered into an APMS contract for the provision of primary medical services;

(c)

an individual who is a GMS practice or an APMS contractor,

[F24[F25means the Regional Health and Social Care Board (RHSCB) and such a person shall be deemed to be employed by the RHSCB for the purposes of this Part, except where—

(i)

regulation 31(7) or (8) applies; or

(ii)

contributions payable pursuant to regulation 31 by an employing authority in respect of a non-GP provider: in such a case those contributions are not payable by the RHSCB but are payable by that non-GP provider or by the practice in which they are a non-GP provider;]

(d)

in respect of a dentist performer means the RHSCB.]]

"lifetime allowance", in relation to a person, has the meaning given in section 218 of the Finance Act 2004M11;

"locum practitioner" has the meaning given in regulation 137;

"lower earnings limit" must be read in accordance with section 5 of the Social Security Contributions and Benefits Act (Northern Ireland)1992 M12;

"lump sum rule" has the meaning given in section 166 of the Finance Act 2004;

"lump sum death benefit rule" has the meaning given in section 168 of the Finance Act 2004;

"member" , except where the context otherwise requires, means an active member, [F26non-contributing member,] a deferred member, a pensioner member or a pension credit member;

"medical performers list" means a list of registered medical practitioners prepared and published in accordance with the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004 M13;

[F27" non-contributing member" means a member who—

(a)

is under the age of 75 and in HSC employment;

(b)

is no longer required to make contributions to [F6this Section of] the Scheme in accordance with regulation 27(1); but

(c)

will be entitled to a pension under these Regulations—

(i)

on ceasing to be employed in HSC employment and making a claim for the pension, or

(ii)

upon reaching age 75;]

"non-GP provider" means—

   

(a)

a partner in a partnership that is a GMS practice who is not a GP provider and who demonstrates to the satisfaction of the Department that non-GP provider assists in the provision of health and personal social services provided by that practice;

(b)

a partner in a partnership all of whose members have entered into an agreement for the provision of primary medical services—

(i)

but who is not a GP provider; and

(ii)

who demonstrates to the satisfaction of the Department that non-GP provider assists in the provision of health and personal social services provided by that partnership;

(c)

a partner in a partnership that is an APMS contractor that has entered into an APMS contract for the provision of primary medical services—

(i)

but who is not a GP provider; and

(ii)

who demonstrates to the satisfaction of the Department that non-GP provider assists in the provision of health and personal social services provided by that partnership;

(d)

a shareholder in a company limited by shares that is—

(i)

a GMS practice; or

(ii)

an APMS contractor that has entered into an APMS contract for the provision of primary medical services,

but who is not a GP provider and who demonstrates to the satisfaction of the Department that non-GP provider assists in the provision of health and personal social services provided by that company;

(e)

an individual who is an APMS contractor but who is not a GP provider and who demonstrates to the satisfaction of the Department that non-GP provider participates in the provision of health and personal social services;

"occupational pension scheme" means an occupational pension scheme within the meaning of section 1 of the 1993 Act which—

   

(a)

in the case of such a scheme established on, or after, the 6th April 2006 is a registered pension scheme for the purposes of the Finance Act 2004 and which the Department agrees to recognise as a transferring scheme for the purposes of Chapter 6;

(b)

in the case of such a scheme established before that date, was—

(i)

approved by the Commissioners for Her Majesty's Revenue and Customs for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 M14(retirement benefits schemes) or whose application for approval under that Chapter was under consideration,

(ii)

a statutory scheme as defined in section 612(1) of the Income and Corporation Taxes Act 1988 (interpretation), or

(iii)

a scheme to which section 608 of the Income and Corporation Taxes Act 1988 applied (superannuation funds approved before 6th April 1980),

and on 6th April 2006 became a registered pension scheme for the purposes of the Finance Act 2004 ;

[F28“officer” means a person employed by an employing authority including a GP Registrar and a non-GP provider, but does not include—

(a)

a GP performer;

(b)

a dentist performer;

(c)

a person engaged under a contract for services;]

"OOH provider" has the meaning given in regulation 20;

[F29"OOH services" means services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice or APMS contractor to patients to whom the practice or contractor is required by its GMS contract or APMS contract to provide essential services, would be or would be similar to essential services]

[F19“ophthalmic provider” means a registered medical practitioner who is a principal medical practitioner who is included in an ophthalmic provider list prepared and kept by the Regional Business Services Organisation (RBSO) pursuant to regulation 8(1) of the General Ophthalmic Services Regulations (Northern Ireland) 2007 and is a party to GOS arrangements;]

"opting-out" and related expressions are to be construed in accordance with regulation 25;

[F30“parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;]

[F31“pay period” means, in relation to members who receive either salary, wages or other regular payments under a contract of employment or a contract for services, the period in respect of which each payment is made in accordance with the terms of that contract;]

"pensionable earnings" has the meaning given in regulation 143 (read with regulation 144);

"pensionable employment" means employment as an officer which is pensionable under this Part;

"pensionable pay" has the meaning given in regulation 13 (read with regulation 14);

"pensionable service" has the meaning given in regulations 7 and 8 (read with regulation 9);

"pensioner member" has the meaning given in Article 121(1) of the 1995 Order and, except where the context otherwise requires, refers to membership of [F6this Section of] the Scheme (but see paragraphs (2) and (3) and regulation 49(9));

"pension credit" means a credit under Article 26 of the 1999 Order and includes a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999M15;

"pension credit benefit" has the meaning given by section 97B of the 1993 Act;

"pension credit member" has the meaning given by Article 121(1) of the 1995 Order;

"pension credit rights" has the meaning given by section 97B of the 1993 Act;

[F1“pension debit member” means a member of this Section of the Scheme whose benefits, or future benefits, under this Scheme have been reduced under Article 28 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (Reduction under pension sharing order following divorce or nullity of marriage), whether before or after the member became a member of this Section of the Scheme;]

"pension sharing order or provision" means such an order or provision as is mentioned in Article 25 (1) of the 1999 Order;

[F12“personal dental services” has the meaning given in Article 3(7) of the 1997 Order;]

"personal pension scheme" means a personal pension scheme which—

(a)

in the case of such a scheme established on, or after, 6th April 2006 is a registered pension scheme for the purposes of the Finance Act 2004 and which the Department agrees to recognise as a transferring scheme for the purposes of Chapter 6;

(b)

in the case of a scheme established before that date, was—

(i)

approved by the Commissioners for Her Majesty's Revenue and Customs for the purposes of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 (personal pension schemes); and

(ii)

on the 6th April 2006 became a registered pension scheme for the purposes of the Finance Act 2004;

[F12“pilot scheme” has the meaning given in Article 3(1) of the 1997 Order;]

[F12“piloted services” has the meaning given in Article 3(4) of the 1997 Order;]

"practice staff" means a person who—

(a)

is not an assistant medical practitioner, a principal medical practitioner, a GP Registrar or a non-GP provider, and

(b)

is employed by a GMS practice, an APMS contractor [F32, an OOH provider or a GP Federation] to assist in the provision of the services it provides;

"practitioner" means—

(a)

a registered medical practitioner who—

(i)

is not a GP Registrar, and

(ii)

is a locum practitioner, a GP provider or a GP performer, or

(b)

a dentist performer; [F33or

(c)

an ophthalmic provider]

"preservation requirements" means the requirements of Chapter 1 of Part IV of the 1993 Act relating to the preservation of benefits under occupational pension schemes;

"public sector transfer arrangements" means arrangements approved by the Department as providing reciprocal arrangements for the payment and receipt of transfer values between [F6this Section of] the Scheme and other occupational pension schemes;

"qualifying service" has the meaning given in regulation 10 (read with regulation 11);

"recent leaver" has the meaning given in regulation 72 (3);

"reckonable pay" has the meaning given in regulation 15 (read with regulations 16 to 19);

[F12“Regional Board” means the Regional Health and Social Care Board, established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;]

"registered" means registered under Chapter 2 of Part 4 of the Finance Act 2004;

[F12“registered dentist” has the meaning given in section 53(1) of the Dentists Act 1984;]

[F34“registered medical practitioner” means a fully registered medical practitioner within the meaning given in section 55 of the Medical Act 1983;]

"retail prices index" has the meaning given in section 989 of the Income Tax Act 2007M16;

"safeguarded percentage" has the meaning given by section 64A(3) of the 1993 Act;

"safeguarded rights" has the meaning given by section 64A(1) of the 1993 Act;

[F35“the Scheme” means the Health and Social Care Pension Scheme the rules of which are set out in these regulations and the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995;]

"the Scheme actuary" means the actuary appointed by the Department for the time being to provide a consulting service on actuarial matters relevant to the Scheme;

"scheme year" means a period of one year beginning with 1st April and ending with 31st March next following;

[F36“shared parental leave” means leave under section 107E or 107G of the Employment Rights (Northern Ireland) Order 1996.]

"specialist" means a consultant, other than a nurse consultant, or a senior hospital medical officer or senior hospital dental officer;

"State pension age" means pensionable age, as defined in section 176(1) of the 1993 Act;

"tax year" means a year of assessment for income tax purposes;

"tier 1 ill-health pension" must be read in accordance with regulation 52;

"tier 2 ill-health pension" must be read in accordance with regulation 52;

"trade dispute" has the meaning given in Article 2 (2) of the Jobseekers (Northern Ireland) Order 1995M17;

[F19“Waiting Period Joiner” has the meaning given in regulation 136Y;]

"whole-time" , in relation to an employment that is comparable to one or more part-time employments, has the meaning given by paragraph (4).

(2) In determining whether a person who is an active member or a pensioner member of [F37this Section of] the Scheme is also a deferred member of it, the fact that the person is an active member or a pensioner member and the person's rights as such are to be disregarded.

(3) In determining whether a person is a pensioner member of [F38this Section of] the Scheme, the fact that the person is not entitled to payment of pension because of Chapter 8 (abatement) is to be disregarded.

(4) For the purposes of this Part—

(a)an employment that is comparable to a part-time employment that is not held concurrently by a person with any other such employment is “whole-time” if it is employment for such number of hours or sessions as in the opinion of the Department amounts to whole-time employment in the case of an employment for services of the kind performed in the part-time employment, and

(b)an employment that is comparable to two or more part-time employments that are held concurrently by a person is “whole-time” if it is employment for such number of hours or sessions as in the opinion of the Department amounts to whole-time employment in the case of an employment for services of the kind performed in the two or more part-time employments.

Textual Amendments

F36Words in reg. 6 inserted (with effect in accordance with reg. 1(3) of the amending Rule) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 6

Marginal Citations

M4S.R. 1995 No. 95, as amended by S.Rs. 1997 Nos. 217 and 390, S.R. 1998 No. 299, S.R. 1999 No. 293, S.R. 2002 No. 69, S.Rs. 2004 Nos. 103 and 104, S.Rs. 2005 Nos. 155, 533, 534 and 565, S.Rs. 2006 Nos 159 and 410 and S.Rs 2008 Nos 96, 130 and 163

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