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

CHAPTER 2 MEMBERSHIP

Eligibility: general

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

(3) Condition B is that the person—

(a) enters practitioner service on or after 1st April 2008 and meets any one of the other Scheme conditions in paragraph (5), or

(b) entered that service before that date and on that date was not an active member of the HPSS Superannuation Scheme 1995 in that service or any other HSC employment.

(4) Condition C is that the person has not reached the age of 75.

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

(a) the person has not previously been an active member of the HPSS Superannuation Scheme 1995;

(b) the person ceased to be an active member of the HPSS Superannuation Scheme 1995 at least 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of that Scheme;

(c) the person ceased to be an active member of the HPSS Superannuation Scheme 1995 less than 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of that Scheme and has received a repayment of contributions in respect of that membership; or

(d) the person ceased to be an active member of the HPSS Superannuation Scheme 1995 on leaving HSC employment and before the person re-entered such employment—

(i) a transfer payment was made in respect of the person under Part VI of that Scheme, or

(ii) the person made an application under regulation 54 of that Scheme (exercising a right to transfer or buy-out) from which the person may not withdraw,

but this sub-paragraph will not apply if the Department has permitted such a person to rejoin the HPSS Superannuation Scheme 1995 in the circumstances described in regulation 7(3)(1) of the 1995 Regulations.

(6) This regulation shall apply to any person who has previously been an active member of a corresponding health service scheme as though in paragraphs (3) and (5) any reference to—

(a) “HPSS Superannuation Scheme 1995” includes a reference to that corresponding health service scheme, and

(b) “HSC employment” includes a reference to—

(i) employment to which regulations made under sections 10 (1) and (2) and 12 (1) and (2) of, and Schedule 3 to, the Superannuation Act 1972 apply,

(ii) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(2),

(iii) employment to which regulations made under section 10 of the Superannuation Act 1972(3) and having effect in Scotland apply,

(iv) employment to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) applies, and

(v) employment with an employer with whom an agreement has been made under section 235 of the National Health Service Act 2006.

Restrictions on eligibility: general

154.—(1) A person is not eligible to be an active member of the Scheme if the person—

(a) became a pensioner member of the HPSS Superannuation Scheme 1995 before 1st April 2008, or

(b) became a pensioner member or a deferred member of that Scheme on or after that date.

(2) A person is not eligible to be an active member 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 the Scheme is not eligible to be an active member of the Scheme.

(4) A person is not eligible to be an active member 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 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.

Concurrent employments

155.  A practitioner may participate in 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.

Joining and leaving the Scheme

Joining the Scheme

156.—(1) A person entering employment with an employing authority in which the person is eligible to be an active member of the Scheme becomes such a member, unless regulation 157(4) or regulation 159 applies.

(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.

(3) A person who whilst an active member in any employment has exercised the option to opt out of the Scheme under regulation 157(1) and is eligible to be an active member—

(a) in that employment, or

(b) in a later employment to which paragraph (1) does not apply because of regulation 157(5),

may opt to become an active member in the employment in which the member is eligible to be such a member 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.

(6) Paragraph (1) is subject to regulation 157(5).

Opting out of the Scheme

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

(2) A person who so opts ceases to be such a member on the date the notice takes effect.

(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.

(4) A person within regulation 156(1) in respect of an employment (automatic membership on entering employment) who gives notice in writing under paragraph (1) before the end of the person’s first pay period in the employment is treated as not having become an active member under that regulation.

(5) Regulation 156(1) does not apply to a person entering an employment with an employing authority (“the later employment”) if—

(a) the person has previously given notice under paragraph (1) in respect of an employment with the same authority that has ceased (“the earlier employment”), and

(b) either—

(i) the period beginning with the day following that on which the earlier employment ceased and ending with the day before the later employment begins, or

(ii) the period beginning with the day following that on which a relevant intermediate employment ceased and ending with the day before the later employment begins,

is less than 12 months.

(6) An employment is a relevant intermediate employment for the purposes of paragraph (5) if—

(a) regulation 156(1) did not apply to the person on entering it because of paragraph (5), and

(b) the person did not opt to become a member of the Scheme in that employment under regulation 156(3).

(7) A practitioner who opts not to contribute to the Scheme in respect of all his employments as a practitioner may, nevertheless, participate in the scheme in respect of concurrent employment as an officer under Part 2.

Restriction on further participation in the Scheme

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 the Scheme in that employment.

(2) Accordingly—

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

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

Membership: locum practitioners

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

(2) A locum practitioner may apply to join 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.

(1)

Regulation 7 was substituted by regulation 5 of S.R. 2008 No. 163

(2)

1967 c. 28

(3)

1972 c. 11