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PART 3N.I.BENEFITS FOR PRACTITIONERS ETC.

CHAPTER 2N.I.MEMBERSHIP

Eligibility: generalN.I.

153.—(1) A person is eligible to be an active member of [F1this Section of] the Scheme [F2on or after 1st April 2015] if conditions A to C are met and the person is not prevented by regulation 154, 155 or 158.

(2) Condition A is that the person is in practitioner service.

[F3(3) Condition B is that the person—

(a)enters practitioner service on or after 1st April 2008 and has service (“relevant service”) as an active member of this Section of the Scheme—

(i)on or before 1st April 2012, or

(ii)after 1st April 2012, but only where that service is pursuant to the provisions of Chapter 10;

(b)has not had a break in service for any one period of five years or more ending in the period starting on 2nd April 2012 and finishing on 1st April 2015; and

(c)meets all of the “other Section conditions” (see paragraph (5)).

(4) Condition C is that the person has not reached the age of 75 and was born on, or before, 31st August 1960.

(5) The “other section conditions” are that—

(a)the person has not received a repayment of contributions under regulation 175 (Repayment of contributions) in respect of their relevant service;

(b)the person’s rights under this Section of the Scheme in respect of their relevant service have not been extinguished under regulation 226;

(c)the person is not entitled to a repayment of contributions under regulation 175 by virtue of paragraph (2)(a) to (c) of that regulation.]

Textual Amendments

[F4Eligibility: transitionalN.I.

153A.—(1) A person is eligible to be an active member of this Section of the Scheme if—

(a)the person is not prevented from being so by regulation 154 or 158; and

(b)either—

(i)the Department has accepted that person’s option to join this Section of Scheme under Chapter 10 of this Part, or

(ii)that person meets all of the requirements in paragraph (2).

(2) Those requirements are that the person—

(a)is under age 75;

(b)was an active member of the 1995 Section on or after 1st April 2008;

(c)became a pensioner member of the 1995 Section on, or before, 1st October 2009;

(d)has either—

(i)returned to HSC employment since becoming a pensioner member referred to in sub-paragraph (c), or

(ii)commenced for the first time HSC employment; and

(e)is not eligible to be an active member of the 1995 Section in respect of the employment referred to in sub-paragraph (d).

This is subject to paragraphs (3) to (8).

(3) A person referred to in paragraph (2) is eligible to be an active member of this Section of the Scheme, from the day immediately following the end of Waiting Period A, if that person is entitled to a pension under one of the following regulations of the 1995 Regulations—

(a)12 (Normal retirement pension);

(b)13A(3)(a) (tier 1 ill-health pension on early retirement);

(c)14A (Early retirement pension (termination of employment by employing authority)); or

(d)16 (Early retirement pension with (actuarial reduction)).

(4) A person referred to in paragraph (2) is eligible to be an active member of this Section of the Scheme, from the day immediately following the longer of Waiting Period A and Waiting Period B, if that person is entitled to a pension under one of the following regulations of the 1995 Regulations—

(a)13 (Early retirement pension (ill health));

(b)14 (Early retirement pension (redundancy etc additional provisions)),

(5) If a person referred to in paragraph (2) is entitled to a pension under regulation 13A(3)(b) (tier 2 ill-health pension on early retirement), that person shall be eligible to be an active member of this Section of the Scheme from the day immediately following whichever of the following occurs last —

(a)the anniversary of that person entering HSC employment; or

(b)the end of Waiting Period A.

(6) A person to whom paragraph (1)(b)(i) or (3)(b) applies and who is entitled to a tier 1 ill-health pension under regulation 13A(3)(a) of the 1995 Regulations, ceases to be eligible to be an active member of this Section of the Scheme from the date the Department makes a determination that that person is entitled to a tier 2 ill-health pension in place of that tier 1 ill-health pension under regulation 13B(3) of those Regulations (Re-assessment of ill-health condition determined under regulation 13A).

(7) For the purposes of this regulation—

(a)“Waiting Period A” is a period of two calendar years beginning on the day the person becomes entitled to the pension under the 1995 Regulations;

(b)“Waiting Period B” is a period beginning on the day the person becomes entitled to the pension under the 1995 Regulations equal to the calendar length of—

(i)any increase to the person’s superannuable service in the 1995 Section of the Scheme which has been applied in accordance with paragraph (3) of regulation 13 of the 1995 Regulations; or

(ii)any additional service with which the person has been credited in accordance with regulation 5 of the Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983.

(8) This regulation applies to any person who has previously been an active member of a corresponding 1995 scheme as though any reference to—

(a)the “1995 Section” includes a reference to that corresponding 1995 scheme;

(b)the “1995 Regulations” includes a reference to any regulations, orders, rules or other instruments governing that corresponding 1995 scheme;

(c)regulations “12”, “13”, “13A”, “13A(3)(a)”, “13A(3)(b)”, “13B(3)”, “14”, “14A” or “16” includes the equivalent of those regulations in a health service scheme the provisions of which correspond to the 1995 Regulations; and

(d)“regulation 5 of the Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983” includes the equivalent of that regulation as it applies to a member of a corresponding 1995 scheme.]

Textual Amendments

Restrictions on eligibility: generalN.I.

154.—[F5(A1) A person is not eligible to be an active member of this Section of the Scheme in respect of practitioner service after 31st March 2022.

(A2) Paragraphs (1) to (9) apply in respect of practitioner service before 1st April 2022.]

[F6(A3) Nothing in paragraphs (1A) and (1C) to (1L) of this regulation prevents a member’s remediable service within the meaning of section 1 of the Public Service Pensions and Judicial Offices Act 2022 being treated as pensionable service under this Section of the Scheme in accordance with section 2 of that Act (remediable service treated as pensionable under Chapter 1 legacy schemes).]

[F7(1) A person is not eligible to be an active member of this Section of the Scheme if the person—

(a)became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or before, 1st April 2008 (except if paragraph (1)(b)(i) of regulation 153A applies to that person); or

(b)became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or after, that date (except if paragraph (1)(b)(i) or (ii) of regulation 153A applies to that person [F8or that person became an active member of this Section of the Scheme before reaching normal benefit age for the purposes of the 1995 Section]); or

(c)is a deferred member of the 1995 Section or a corresponding 1995 scheme, but is not a deferred member—

(i)to whom regulation 153(5)(e), (f), (g) or (h) applies, and

(ii)in respect of whom permission of the Department to rejoin the 1995 Section has not been granted pursuant to regulation 7(3) of that Section.]

[F9(1A) A person who was born on, or after, 1st September 1960 is not eligible to be an active member of this Section of the Scheme in respect of practitioner service on, or after, 1st April 2015.

(1B) A person is not eligible to be an active member of this Section of the Scheme if that person has had a break in service ending on or after 2nd April 2012, and any of the following apply—

(a)that break in service is for any one period of five years or more;

(b)that person receives a repayment of contributions under regulation 175 in respect of their service before that break (see regulation 153(3)(a));

(c)that person becomes entitled to a repayment of contributions under regulation 175 by virtue of paragraph (2)(a) to (c) of that regulation in respect of their service before that break; or

(d)that person’s rights under this Section of the Scheme in respect of their service before that break have been extinguished under regulation 226 because a transfer value payment is made in respect of them.

(1C) A person who on 1st April 2012 has attained the age of 55 may not contribute or accrue further pensionable service under this Section of the Scheme unless that person either—

(a)is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 153, or

(b)returns to HSC employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1D) Paragraph (1E) applies to a person—

(a)who, on 1st April 2012, has attained the age of 51 years and 7 months but has not attained the age of 55, and

(b)whose eligibility cessation date has not been reached (see paragraph (1F)).

(1E) A person referred to in paragraph (1D) may not contribute or accrue further pensionable service under this Section of the Scheme unless that person either—

(a)is, on 1st April 2015, an active member of this Section of the Scheme in accordance with regulation 153, or

(b)returns to HSC employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

(1F) For the purposes of paragraph (1D), a person’s eligibility cessation date is to be determined according to the formula—

where—

  • A is 1st April 2022

  • T is the number of months (rounded up to the nearest whole month) by which the person’s age on 1st April 2012 is less than 55.

(1G) For the purposes of paragraphs (1C)(b) and (1E)(b), any break in service where the member was in pensionable service in an existing scheme (within the meaning of Schedule 5 to the 2014 Act) is to be disregarded.

(1H) Paragraph (1I) applies to a person who in the opinion of the Department—

(a)was previously an active member of a corresponding 2008 scheme;

(b)the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2014 Act that provide for exceptions to subsection (1) of that section, and

(c)pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to HSC employment for the purposes of that scheme on the day the member commenced HSC employment within the meaning of these Regulations.

(1I) The Department may permit a person referred to in paragraph (1H) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous pensionable employment under the corresponding scheme referred to in paragraph (1H) will be treated as is it were previous pensionable employment under this Section of the Scheme.

(1J) Paragraph (1K) applies to a person who, in the opinion of the Department—

(a)was previously an active member in respect of service in an existing scheme (within the meaning of Schedule 5 to the 2014 Act),

(b)is not receiving a pension in respect of that service on the relevant day,

(c)the regulations of that existing scheme include provisions pursuant to subsection (5) of section 18 of the 2014 Act that provide for exceptions to subsection (1) of that section,

(d)pursuant to those provisions, the person would have been eligible to be an active member of the existing scheme if the member had returned to employment for the purposes of that scheme on the relevant day, and

(e)the member would, if the member’s previous service in the existing scheme had been previous service under this Section of the Scheme, have been eligible for active membership of this Section of the Scheme on the relevant day pursuant to paragraphs (1A) to (1G).

(1K) The Department may permit a person referred to in paragraph (1J) to join this Section of the Scheme and, for the purposes of paragraphs (1C) to (1G), the member’s previous service as an active member under the existing scheme referred to in paragraph (1J) will be treated as if it were previous service as an active member of this Section of the Scheme.

(1L) For the purposes of paragraphs (1J) and (1K) “the relevant day” is the day the member commences HSC employment for the purposes of these Regulations.

(1M) A person referred to in paragraph (1C), (1E), (1I) or (1K) may elect, using a form provided by the Department, not to make contributions or accrue further service under this Section of Scheme in accordance with whichever of those paragraphs apply, but instead (where eligible) to become an active member of the 2015 Scheme.

(1N) An election—

(a)is irrevocable,

(b)must be given to the Department before the date specified by the Department in the election form,

(c)is to be treated as having been given on the date the election form is received by the Department.

(1O) The date referred to in sub-paragraph (1N)(b) must be a date that is at least three months later than the date on which the Department provided the member with an election form.

(1P) An election shall be effective from the first day of the member’s pensionable employment in the 2008 Section falling on, or after, 1st April 2015, and from that date—

(a)that member is to be treated as if that member had been an active member of the 2015 Scheme; and

(b)contributions made in respect of the member in the 2008 Section shall be treated as if they had been contributions made in respect of that member in the 2015 Scheme.

(1Q) The Department may allow a member to exercise an election after the date specified under sub-paragraph (1N)(b) where the Department considers that the member has not had a reasonable opportunity to consider whether to exercise an election before that date.]

(2) A person is not eligible to be an active member of [F10this Section of] the Scheme in respect of service in an employment if the person is an active member of a superannuation scheme established under Article 3 or 11 of the Superannuation (Northern Ireland) Order 1972 in respect of service in that employment.

(3) A person who holds an honorary appointment and does not at the same time hold any other employment which entitles him to be a member of [F10this Section of] the Scheme is not eligible to be an active member of [F10this Section of] the Scheme.

(4) A person is not eligible to be an active member of [F10this Section of] the Scheme in any further employment if the person—

(a)becomes entitled to a tier 2 pension under regulation 182, and

(b)opts to exchange that pension for a lump sum in accordance with regulation 186.

(5) A person who is entitled to the immediate payment of a pension under [F10this Section of] the Scheme under a regulation that requires the person not to be in HSC employment may only be an active member in accordance with—

(a)regulation 180,

(b)regulation 239 (effect of re-employment on tier 2 ill-health pensions),or

(c)Chapter 7.

[F11(6) A person is not eligible to be an active member of [F10this Section of] the Scheme in any future employment if the person—

(a)ceases to be entitled to a tier 1 ill-health pension under regulation 182; and

(b)becomes entitled to a tier 2 ill-health pension under that regulation on the date the Department makes a determination under regulation 183(3).

(7) A person to whom paragraph (6) applies is eligible to be an active member of [F10this Section of] the Scheme in any further employment after the first anniversary of that person’s first day of such employment following the date of the Department’s determination under regulation 183.]

[F12(8) A person is not eligible to be an active member of this Section of the Scheme if that person is a person, other than a registered dentist, who is employed as a dental pilot scheme employee otherwise than by a HSC Trust, and who either—

(a)was, immediately prior to the commencement of such employment, a HSC dental employee who was not eligible to join the scheme; or

(b)has not previously been in employment as a HSC dental employee.

(9) A person is not eligible to be an active member of this Section of the Scheme if that person is a provider of personal dental services under a pilot scheme to whom these Regulations did not apply immediately prior to the commencement of the pilot scheme, other than a registered dentist.]

Textual Amendments

Concurrent employmentsN.I.

155.  A practitioner may participate in [F13this Section of] the Scheme in respect of employment as a practitioner even if he also participates in Part 2 in respect of concurrent whole-time or part-time employment as an officer within the meaning of that Part.

Textual Amendments

[F14Participators in pilot schemesN.I.

155A.—(1) For the purposes of these Regulations, for the duration of any pilot scheme—

(a)a registered dentist—

(i)who is, in relation to the pilot scheme, a person providing piloted services, or a dental pilot scheme employee; and

(ii)who, immediately prior to the commencement of the pilot scheme, was a member of the scheme by reason of his employment as a practitioner,

shall be treated as a practitioner employed by the Regional Board;

(b)a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme shall be treated as a practitioner employed by the Regional Board;

(c)a registered dentist shall be treated as an officer if—

(i)he is a dental pilot scheme employee; and

(ii)immediately prior to the commencement of the pilot scheme he was a member by virtue of his employment as an officer; and

(iii)his name was at that time included in a dental list immediately prior to the commencement of the pilot scheme;

(d)a registered dentist to whom paragraph (a) does not apply shall—

(i)if he is providing piloted services, be treated as a practitioner employed by the Regional Board; or

(ii)if he is a dental pilot scheme employee, be treated as an officer;

(e)a member, who immediately prior to the commencement of a pilot scheme—

(i)was employed as a HSC employee or as a HSC dental employee and was not a registered dentist; or

(ii)was employed as a dental pilot scheme employee, and was not a registered dentist,

and who, after the commencement of the pilot scheme, is providing piloted services, shall be treated as a whole-time officer employed by the Regional Board;

(f)a person other than a registered dentist who—

(i)is employed as a dental pilot scheme employee otherwise than by a HSC Trust;

(ii)immediately prior to the commencement of such employment, was employed by an HSC Trust or by the Regional Board as a HSC dental employee; and

(iii)was at that time a member,

shall continue to be eligible to be a member.

(2) Notwithstanding paragraph (1), where the provider of a piloted service is a qualifying body, it shall be liable to pay contributions under regulation 31 or 162 as appropriate, as if it were an employing authority in respect of a member to whom paragraph (1)(b) applies, or who is employed by the qualifying body as a dental pilot scheme employee.

(3) For the purposes of this regulation, “qualifying body” means—

(a)a body corporate which, in accordance with the provisions of Part IV of the Dentists Act 1984, is entitled to carry on the business of dentistry; or

(b)a company which is limited by shares, all of which are legally and beneficially owned by persons falling within sub-paragraph (a), (b), (c) or (e) of paragraph (2) of Article 5 of the 1997 Order.]

Textual Amendments

Joining and leaving the SchemeN.I.

Joining [F15this Section of] the SchemeN.I.

156.—[F16(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.]

(2) A person who is eligible to be such a member by virtue of falling within regulation 153(3)(b) may opt to become such a member by giving notice in writing to the employing authority.

[F17(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.]

(4) A notice under paragraph (3) takes effect—

(a)from the beginning of the first pay period to begin after the notice is received by the employing authority, or

(b)if the notice specifies a date that is the first day of a later pay period, from that date.

(5) A notice under paragraph (3) may not be given by a person who is absent from work for any reason.

F18(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Opting out of [F19this Section of] the SchemeN.I.

157.—(1) A person who is an active member of [F19this Section of] the Scheme in any [F20HSC] employment may opt at any time to cease to be such a member by giving notice in writing to the person's employing authority.

[F21(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.]

(3) The notice takes effect—

(a)from the beginning of the first pay period to begin after the notice is received by the employing authority, or

(b)if the notice specifies a later date, from the beginning of the first pay period after that in which the specified date falls.

[F22(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.]

F23(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A practitioner who opts not to contribute to [F19this Section of] the Scheme [F24in respect of one or more employments as a practitioner under this Part must do so] in respect of all his employments as a practitioner [F25but] may, nevertheless, participate in [F19this Section of] the scheme in respect of concurrent employment as an officer under Part 2 [F26or as a locum practitioner] [F27: this is subject to paragraph (10) of regulation 260].

[F28(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.]

Textual Amendments

Restriction on further participation in [F29this Section of] the SchemeN.I.

158.—(1) A person who ceases to meet conditions A, B and C in regulation 153 in an employment or is prevented by regulation 154 from continuing to be an active member in an employment must cease to be an active member of [F29this Section of] the Scheme in that employment.

(2) Accordingly—

(a)a person within paragraph (1) may not make any further contributions to [F29this Section of] the Scheme under Chapter 3 (contributions); and

(b)any further service of the person is not pensionable service for the purposes of [F29this Section of] the Scheme.

Textual Amendments

Membership: locum practitionersN.I.

159.—(1) Regulation 156 does not apply to a locum practitioner.

(2) A locum practitioner may apply to join [F30this Section of] the Scheme by sending an application to the employing authority and submitting such evidence relating to his service as a locum practitioner and the contributions payable in respect of it as are required by that employing authority.

(3) On receiving such an application, such evidence and such contributions, the employing authority must submit the application to the Department.

(4) No application may be made under paragraph (2) in respect of a period of engagement as a locum practitioner ending earlier than ten weeks before the date of the application.

Textual Amendments