The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

Members contributions: supplementary: medical practitioners and non-GP providers N.I.

37.—(1) This regulation applies to a member (M) who belongs to group D in regulation 27(1) by virtue of being—

(a) a medical practitioner, or

(b) a non-GP provider.

(2) Paragraph (3) applies if, in respect of a scheme year, M—

(a) has certified M's pensionable earnings in accordance with Part 1 of Schedule 10 and forwarded a record of the earnings to the [F1 Department] , or

(b) was not required to certify M's earnings in accordance with Part 1 of Schedule 10 but the [F2 Department] has the figure that represents M's pensionable earnings for that year.

(3) M's contributions payable for the scheme year in question are those specified in column 2 of the [F3 relevant table] in regulation 31 in respect of the amount of pensionable earnings referred to in column 1 of that [F4 table] which corresponds to the aggregate of—

(a) certified or final pensionable earnings from all group D sources uprated according to the formula:

where—

PE is the certified or final amount of M's pensionable earnings from all group D sources for the year;

[F5 NDPS is the number of days of M’s group D service in the scheme year]; and

b

any additional pensionable earnings M is treated as having received during an absence from work in accordance with regulation 28.

(4) If paragraph (3) does not apply to M in respect of a scheme year, M must pay contributions at the rate in column 2 of the [F6 relevant table] in regulation 31 on the basis of whichever of the following the [F7 Department] considers the most appropriate in the circumstances—

(a) an amount of M's earnings that has been agreed between M and the [F7 Department] ,

(b) an amount of M's earnings that corresponds to M's most recent certified or final pensionable earnings referred to in paragraph (2), or

(c) an amount of M's earnings that corresponds to the [F7 Department]'s estimate of M's pensionable earnings from all group D sources for that year.

(5) If paragraph (4) applies to M in respect of a scheme year and paragraph (2)(a) or (b) is subsequently satisfied in respect of that year, M must pay contributions at the rate determined in accordance with paragraph (3).

(6) The [F8 Department] may adjust M's contribution rates for a scheme year determined in accordance with paragraph (4)—

(a) by agreement between M and the [F8 Department] , or

(b) without such agreement, if the [F8 Department] is satisfied that M's pensionable earnings will exceed the amount used to so determine the contribution rate.

(7) If M concurrently belongs both to group D and to any of groups A to C in regulation 27(1)—

(a) contributions payable in respect of M's service for the purposes of group D must be determined under this regulation; and

(b) contributions payable in respect of M's service for the purposes of any of groups A to C must be determined under regulation 30.

(8) In the application of this regulation to a non-GP provider who derives income from more than one group D source, a reference to all group D sources must be construed as a reference to such one of those sources as the non-GP provider specifies for the purposes of this regulation.

Textual Amendments

F1 Word in reg. 37(2)(a) substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 35

F2 Word in reg. 37(2)(b) substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 35

F3 Words in reg. 37(3) substituted (1.11.2022) by The Health and Social Care Pension Scheme (Member Contributions) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/244), regs. 1(2), 5(2)(a)

F4 Word in reg. 37(3) substituted (1.11.2022) by The Health and Social Care Pension Scheme (Member Contributions) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/244), regs. 1(2), 5(2)(b)

F5 Words in reg. 37(3)(a) substituted (with effect in accordance with reg. 1(8) of the amending Rule) by The Health and Social Care Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/196), regs. 1(2), 58

F6 Words in reg. 37(4) substituted (1.11.2022) by The Health and Social Care Pension Scheme (Member Contributions) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/244), regs. 1(2), 5(3)

F7 Word in reg. 37(4) substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 35

F8 Word in reg. 37(6) substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 35

Modifications etc. (not altering text)

C1 Reg. 37 modified(temp) 31.03.2024 (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 30

C2 Reg. 37(3)(a) applied (1.10.2023) by The Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023 (S.R. 2023/132), regs. 1, 4(7)(b)(iii)

C3 Reg. 37(3)(a) applied (1.10.2023) by The Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023 (S.R. 2023/132), regs. 1, 5(6)(b)(iii)

C4 Reg. 37(4)(b) applied (with modifications) (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), regs. 1, 12(2)