2013 No. 73
Health And Personal Social Services
The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013
Made 15th March 2013
Coming into operation 1st April 2013

The Department of Health, Social Services and Public Safety, with the consent of the Department of Finance and Personnel, makes the following Regulations in exercise of the powers conferred by Articles 12(1) and (2), 14(1), (2) and (3) of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972.
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
In accordance with Article 12(4) of that Order, the Department has consulted with representatives of persons likely to be affected by these Regulations, as appeared to the Department to be appropriate.

PART 1 Introductory

1 Citation, commencement and effect
1 These Regulations may be cited as the Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013.
2 These Regulations come into operation on 1st April 2013, and save as provided in paragraph (3), shall have effect from that date.
3 The following regulations shall have effect from 1st February 2013—
(a) regulation 3 to 5;
(b) regulations 9 to 11; and
(c) regulations 14 to 16 (except paragraph (6)).

PART 2 Amendment of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995
2 The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 are amended as provided by regulations 3 to 7.
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; S.R. 2006 Nos.159 and 410; S.R. 2008 Nos.96, 130 and 163; S.R. 2009 Nos.65 and 188; S.R. 2010 Nos.22, 286 and 420; S.R. 2011 No.256; S.R. 2012 Nos.42 and 78

3 Amendment of regulation 2
1 Regulation 2 (Interpretation) is amended as provided by paragraphs (2) to (5).
2 After the definition of “the 2004 Act” insert—

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

.
2008 c.13 (NI)
3 After the definition of “the 2008 Section” insert—

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

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S.R. 2010 No.122
4 After the definition of “assistant practitioner” insert—

““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);”

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Regulation 14 was substituted by S.R. 2012 No.232, regulation 2(7) and (8)
5 For the definition of “pay period”, substitute—

““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;”

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4 Amendment of regulation 6
In regulation 6 (Membership of this Section of the Scheme), for paragraph (2) substitute—

“2 Subject to paragraph (3), each eligible person will be included in this Section of the scheme—
(a) automatically on commencing HSC employment;
(b) where the person has previously opted out of this Section of the scheme, on the date determined under paragraph (5) of regulation 9 where that paragraph applies: this is subject to regulation 9(6);
(c) subject to regulation 9(6), where the person has previously opted out of this Section of the scheme and is a person to whom section 3 or section 5 of the 2008 Act applies—
(i) on that person’s automatic enrolment date, or
(ii) on that person’s automatic re-enrolment date, except where the notice referred to in regulation 9(1) was given within the 12 months immediately preceding that date.”

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5 Amendment of regulation 9
1 Regulation 9 (Opting out of this Section of the Scheme) is amended as provided by paragraphs (2) to (8).
Regulation 9 was amended by S.R. 2005 No.565
2 Omit paragraphs (1A) to (1C).
3 For paragraph (2), substitute—

“2 A notice referred to in paragraph (1) shall take effect—
(a) from the first day of the pay period immediately following its receipt by the employing authority; or
(b) where a later date is specified in the notice, from the first day of the pay period following the pay period in which the specified date falls.”

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4 For paragraph (3), substitute—

“3 A person who opts out of this Section of the scheme under paragraph (1) within one month of the date of commencing HSC employment shall be treated as never having been included in this Section of the scheme in respect of that opt out and, if applicable, any contributions made by, or on behalf of, that person for the period before the opt out took effect must be refunded.”

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5 For paragraph (4), substitute—

“4 A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the persons—
(a) automatic enrolment date; or
(b) automatic re-enrolment date: this does not apply where the notice was given within the 12 months immediately preceding that date.”

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6 Omit paragraph (5A).
7 For paragraph (6), substitute—

“6 A person who has opted out may not become a member of this Section of the scheme during any period of absence from work for any reason.”

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8 After paragraph (7), add—

“8 This regulation does not apply to a person to whom sections 3, 5 or 8 of the 2008 Act and regulations 9 or 15 of the 2010 Regulations applies (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.
Section 3 makes provision for the automatic enrolment of a qualifying worker into a qualifying scheme like the HSC Pension Scheme. Section 5 makes provision for the automatic re-enrolment of such a person into such a scheme who has previously opted out of it. Section 8 makes provision for the opting out of such a scheme, including the effect of such an opt out.
Regulation 9 sets out the requirements for a valid opt out notice and the time period during which a person who has been automatically enrolled into a qualifying scheme may not opt out of it. Regulation 15 applies the provisions of regulation 9 to a person who has been automatically re-enrolled into a qualifying scheme having previously opted out of it. Note that regulation 11 deals with the refund of contributions following an opt out.”

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6 Amendment of regulation 10
In regulation 10 (Contributions by members), for the table in paragraph (1A) substitute—

“Scheme Year 2013-2014
Column 1 Superannuable Pay band	Column 2 Contribution percentage rate
Up to £15,278	5%
£15,279 to £21,175	5.3%
£21,176 to £26,557	6.8%
£26,558 to £48,982	9%
£48,983 to £69,931	11.3%
£69,932 to £110,273	12.3%
£110,274 to any higher amount	13.3%”

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Paragraph (1A) was substituted by S.R. 2009 No.188 regulation 4; S.R. 2010 No.420 regulation 3(2) and S.R. 2012 No.78 regulation 4(2)

7 Amendment of Schedule 2
In paragraph 10 of Schedule 2 (Contributions to this Section of the scheme), for sub-paragraph (1A) substitute—

“1A For the purposes of this paragraph, the “relevant table” means—
(a) in respect of the 2012-2013 scheme year, Table 1;
(b) in respect of the 2013-2014 scheme year, Table 2.

Table 1 Scheme Year 2012-13
Column 1 Superannuable earnings band	Column 2 Contribution percentage rate
Up to £21,175	5%
£21,176 to £26,557	6.5%
£26,558 to £48,982	8%
£48,983 to £69,931	8.9%
£69,932 to £110,273	9.9%
£110,274 to any higher amount	10.9%

Table 2 Scheme Year 2013-2014
Column 1 Superannuable Pay band	Column 2 Contribution percentage rate
Up to £15,278	5%
£15,279 to £21,175	5.3%
£21,176 to £26,557	6.8%
£26,558 to £48,982	9%
£48,983 to £69,931	11.3%
£69,932 to £110,273	12.3%
£110,274 to any higher amount	13.3%”

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Paragraph 10 was substituted by S.R. 2005 No.565 regulation 12(7) and amended by S.R. 2009 No.65 regulation 20(4); S.R. 2009 No.188 regulation 11(2); S.R. 2010 No.22 Schedule 1, paragraph 1(b); S.R. 2010 No. 420 regulation 8; S.R. 2012 No.42 regulation 10(2) and S.R. 2012 No.78 regulation 8
Sub-paragraph (1A) was inserted by S.R. 2010 No.420 regulation 8 and substituted by S.R. 2012 No.78 regulation 8

PART 3 Amendment of the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008
8 The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 are amended as provided by regulations 9 to 17.
S.R. 2008 No.256 as amended by S.R. 2009 Nos. 65 and 188; S.R. 2010 Nos. 22, 286 and 420; S.R. 2011 No.256; S.R. 2012 No.42

9 Amendment of regulation 6
1 Regulation 6 (Interpretation: general) is amended as provided by paragraphs (2) to (5).
2 After the definition of “the 2004 Order” insert—

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

.
2008 c.13 (N.I.)
3 After the definition of “2008 Section Optant” insert—

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

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S.R. 2010 No.122
4 After the definition of “assistant medical practitioner” insert—

““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);”

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Regulation 14 was substituted by S.R. 2012 No.232, regulation 2(7) and (8)
5 For the definition of “pay period”, substitute—

““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;”

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10 Amendment of regulation 24
1 Regulation 24 (Joining this Section of the Scheme), is amended as provided by paragraphs (2) to (4).
2 For paragraph (1), substitute—

“1 Subject to paragraph (3), a person in HSC employment who is eligible to be an active member of this Section of the Scheme, becomes such a member, unless absent from work for any reason, on either—
(a) the commencement of the person’s employment; or
(b) where the person has previously opted out of this Section of the Scheme under regulation 25(1) and is a person to whom section 3 or section 5 of the 2008 Act applies—
(i) on that person’s automatic enrolment date, or
(ii) on that person’s automatic re-enrolment date, except where the notice referred to in regulation 25(1) was given within 12 months immediately preceding that date.”

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3 For paragraph (3), substitute—

“3 A person who has previously exercised an option to opt out of this Section of the Scheme in accordance with regulation 25(1) in respect of an employment in which that person was an active member, and who remains eligible to be an active member in respect of that employment, may opt to join or re-join this Section of the scheme by giving notice in writing to the employing authority in such form as the Department requires.”

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4 Omit paragraph (6).

11 Amendment of regulation 25
1 Regulation 25 (Opting out of this Section of the Scheme), is amended as provided by paragraphs (2) and (3).
2 In paragraph (1) after “any” insert “HSC”.
3 For paragraphs (4) to (6) substitute—

“4 A person to whom paragraph (1)(a) of regulation 24 applies in respect of an employment who gives notice in writing under paragraph (1) of this regulation within one month of the date of commencing that HSC employment, is treated as not having become an active member by virtue of that regulation.
5 A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the person’s—
(a) automatic enrolment date; or
(b) automatic re-enrolment date: this does not apply where the notice was given within the 12 months immediately preceding that date.
6 This regulation does not apply to a person to whom sections 3, 5 or 8 of the 2008 Act) and regulations 9 or 15 of the 2010 Regulations) applies (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the Scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the Scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.
Section 3 makes provision for the automatic enrolment of a qualifying worker into a qualifying scheme like the HSC Pension Scheme. Section 5 makes provision for the automatic re-enrolment of such a person into such a scheme who has previously opted out of it. Section 8 makes provision for the opting out of such a scheme, including the effect of such an opt out.
Regulation 9 sets out the requirements for a valid opt out notice and the time period during which a person who has been automatically enrolled into a qualifying scheme may opt out of it. Regulation 15 applies the provisions of regulation 9 to a person who has been automatically re-enrolled into a qualifying scheme having previously opted out of it. Note that regulation 11 deals with the refund of contributions following an opt out.”

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12 Amendment of regulation 28
In regulation 28 (Contribution rate for members other than non-GP providers), for the table in paragraph (2) substitute—

“Scheme Year 2013-2014
Column 1 Pensionable Pay band	Column 2 Contribution percentage rate
Up to £15,278	5%
£15,279 to £21,175	5.3%
£21,176 to £26,557	6.8%
£26,558 to £48,982	9%
£48,983 to £69,931	11.3%
£69,932 to £110,273	12.3%
£110,274 to any higher amount	13.3%”

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Regulation 28 was substituted by S.R. 2010 No.420 regulation 12 and amended by S.R. 2012 No.78 regulation 12

13 Amendment of regulation 30
In regulation 30 (Contribution rate and determination of pensionable earnings for non-GP providers), for paragraph (14) substitute—

“14 For the purposes of this regulation, “the relevant table” means—
(a) in respect of the 2012-2013 scheme year, Table 1;
(b) in respect of the 2013-2014 scheme year, Table 2.

Table 1 Scheme Year 2012-2013
Column 1 Pensionable earnings band	Column 2 Contribution percentage rate
Up to £21,175	5%
£21,176 to £26,557	6.5%
£26,558 to £48,982	8%
£48,983 to £69,931	8.9%
£69,932 to £110,273	9.9%
£110,274 to any higher amount	10.9%

Table 2 Scheme Year 2013-2014
Column 1 Pensionable earnings band	Column 2 Contribution percentage rate
Up to £15,278	5%
£15.279 to £21,175	5.3%
£21,176 to £26,557	6.8%
£26,558 to £48,982	9%
£48,983 to £69,931	11.3%
£69,932 to £110,273	12.3%
£110,274 to any higher amount	13.3%”

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Regulation 30 was substituted by S.R. 2010 no.420 regulation 14 and S.R. 2012 No.78 regulation 14

14 Amendment of regulation 137
1 Regulation 137 (Interpretation of Part 3: general) is amended as provided by paragraphs (2) to (5).
2 After the definition of “the 2004 Order” insert—

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

.
2008 c.13 (N.I.)
3 After the definition of “2008 Section Optant” insert—

““the 2010 Regulations” mean the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010;”

.
S.R. 2010 No.122
4 After the definition of “assistant dental practitioner” insert—

““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);”

.
Regulation 14 was substituted by S.R. 2012 No.232, regulation 2 (7) and (8)
5 For the definition of “pay period”, substitute—

““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;”

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15 Amendment of regulation 156
1 Regulation 156 (Joining this Section of the Scheme), is amended as provided by paragraphs (2) to (4).
2 For paragraph (1), substitute—

“1 Subject to paragraph (3), a person in HSC employment who is eligible to be an active member of this Section of the Scheme becomes such a member, unless absent from work for any reason, on either—
(a) the commencement of the person’s employment; or
(b) in circumstances where the person has previously opted out of this Section of the Scheme under regulation 157(1), on that person’s—
(i) automatic enrolment date; or
(ii) automatic re-enrolment date, except where the notice referred to in regulation 157(1) was given within the 12 months immediately preceding that date.”

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3 For paragraph (3), substitute—

“3 A person who has previously exercised an option to opt out of this Section of the Scheme in accordance with regulation 157(1) in respect of an employment in which that person was an active member, and who remains eligible to be such a member in respect of that employment, may opt to join or re-join this Section of the Scheme by giving notice in writing to the employing authority in such form as the Department requires.”

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4 Omit paragraph (6).

16 Amendment of regulation 157
1 Regulation 157 (Opting out of this Section of the Scheme), is amended as provided by paragraphs (2) to (7).
Regulation 157 was amended by S.R. 2009 No.65 regulation 60
2 In paragraph (1), after “any” insert “HSC”.
3 For paragraph (2), substitute—

“2 A person who opts out under paragraph (1) ceases to be an active member of this Section of the Scheme on the date the notice takes effect and, if applicable, any contributions made by or on behalf of the person for a period of membership after the date on which the notice was effective must be refunded.”

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4 For paragraphs (4) and (5), substitute—

“4 A person to whom paragraph (1)(a) of regulation 156 applies in respect of an employment who gives notice in writing under paragraph (1) of this regulation within one month of the date of commencing that HSC employment, is treated as not having become an active member by virtue of that regulation.
5 A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the person’s—
(a) automatic enrolment date, or
(b) automatic re-enrolment date: this does not apply where the notice was given within 12 months immediately preceding that date.”

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5 Omit paragraph (6).
6 In paragraph (7), after “Part 2” insert “or as a locum practitioner”.
7 After paragraph (7), add—

“8 This regulation does not apply to a person to whom sections 3, 5 or 8 of the 2008 Act and regulations 9 or 15 of the 2010 Regulations applies (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the Scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the Scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.
Section 3 makes provision for the automatic enrolment of a qualifying worker into a qualifying scheme like the HSC Pension Scheme. Section 5 makes provision for the automatic re-enrolment of such a person into such a scheme who has previously opted out of it. Section 8 makes provision for the opting out of such a scheme, including the effect of such an opt out.
Regulation 9 sets out the requirements for a valid opt out notice and the time period during which a person who has been automatically enrolled into a qualifying scheme may not opt out of it. Regulation 15 applies the provisions of regulation 9 to a person who has been automatically re-enrolled into a qualifying scheme having previously opted out of it. Note that regulation 11 deals with the refund of contributions following an opt out.”

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17 Amendment of regulation 161
In regulation 161 (Members contribution rate), for paragraph (17) substitute—

“17 For the purposes of this regulation, “the relevant table” means—
(a) in respect of the 2012-2013 scheme year, Table 1;
(b) in respect of the 2013-2014 scheme year, Table 2.

Table 1 Scheme Year 2012-2013
Column 1 Pensionable earnings band	Column 2 Contribution percentage rate
Up to £21,175	5%
£21,176 to £26,557	6.5%
£26,558 to £48,982	8%
£48,983 to £69,931	8.9%
£69,932 to £110,273	9.9%
£110,274 to any higher amount	10.9%

Table 2 Scheme Year 2013-2014
Column1 Pensionable earnings band	Column 2 Contribution percentage rate
Up to £15,278	5%
£15,279 to £21,175	5.3%
£21,176 to £26,557	6.8%
£26,558 to £48,982	9%
£48,983 to £69,931	11.3%
£69,932 to £110,273	12.3%
£110,274 to any higher amount	13.3%”

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Regulation 161 was amended by S.R. 2009 No.65 regulation 61 and substituted by S.R. 2009 No.188 regulation 52; amended by S.R. 2010 No.420 regulation 17 and substituted by S.R. 2012 No.78 regulation 18
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 15th March 2013
(L.S.) Diane Taylor A senior officer of the Department of Health, Social Services and Public Safety
The Department of Finance and Personnel consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 15th March 2013
(L.S.) John McKibbin A senior officer of the Department of Finance and Personnel

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”) and the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008 No.256) (“the 2008 Regulations”).
Regulation 1 provides for citation, commencement and effect, including that certain provisions of this rule are to take effect before the date of commencement. Article 14(1) of the Superannuation Order (Northern Ireland) 1972 provides authority for the regulations specified in regulation 1(3) to take effect from a date earlier than the making of these Regulations.

Changes to employee contribution rates
Regulations 6, 7, 12, 13, and 17 apply increases to member contribution rates with effect from 1st April 2013.

Amendments consequential to Auto Enrolment legislation
Regulations 3, 4, 5, 9, 10, 11, 14, 15, and 16 introduce new requirements on the auto-enrolment of members with effect from 1 October 2012 in accordance with requirements in the Pensions (No.2) Act (Northern Ireland) 2008 (2008 c.13 (NI)) and the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010 (S.R. 2010 No.122).