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

Regulation 152

SCHEDULE 13 N.I. Definitions

Table

Column 1Word or expression	Column 2Meaning or reference to provision where meaning is to be found
the 1972 Order	Health and Personal Social Services (Northern Ireland) Order 1972 M1
the 1993 Act	Pension Schemes (Northern Ireland) Act 1993 M2
the 1995 Order	Pensions (Northern Ireland) Order 1995 M3
the 1995 Regulations	The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 M4
the 1995 Section	The section of the Health and Social Care Pension Scheme set out in the 1995 Regulations
the 1999 Order	Welfare Reform and Pensions (Northern Ireland) Order 1999 M5
the 2004 Act	Finance Act 2004 M6
the 2008 Regulations	The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 M7
the 2008 Section	The section of the Health and Social Care Pension Scheme set out in the 2008 Regulations
the 2014 Act	Public Service Pensions Act (Northern Ireland) 2014 M8
accrual rate	the fraction of pensionable earnings that accrue as earned pension for a financial year
accrued rights	does not include a right to benefits attributable, directly or indirectly) to a pension credit
active member	see Article 124(1) of the 1995 Order. Except where the context otherwise requires refers to membership of this scheme (but see regulation 84(3)
actuarial reduction	see paragraph 9 of schedule 7
additional pension	unless the context otherwise requires, so much of a pension payable by virtue of contributions payable under Chapter 5 of Part 4
allocation amount	the amount of pension allocated in consequence of making an allocation election
allocation election	an election under regulation 50
APMS contract	arrangements under Article 56(2)(b) of the 1972 Order (primary medical services) between the RHSCB and an APMS contractor
APMS contractor	a person— (a) with whom the RHSCB 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
automatic enrolment date	see section 3(7) of the Pensions (No.2) Act (Northern Ireland) 2008 M9
automatic re-enrolment date	see regulation 12 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010 M10
base rate	(a) The Bank of England base rate announced from time to time by the Monetary Policy Committee of the Bank 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) If an order under section 19 of the Bank of England Act 1998 M11 is in force, an equivalent rate determined by the Treasury under that section.
Board and advisory work	See paragraph 1 of Schedule 8
certification services	Services related to the provision of medical certificates listed in Schedule 3 to the GMC Contracts Regulations
connected scheme	see section 4(6) of the 2014 Act, but the provisions of the Health and Personal Social Services (Superannuation) (Additional Voluntary Contributions) Regulations (Northern Ireland) 1999 M12 are not a connected scheme for the purposes of these Regulations
conversion amount	see paragraph 10 of Schedule 7
corresponding health service scheme	(a) a pension scheme provided under regulations made under section 1(2)(e) of the Public Service Pensions Act 2013 M13 and having effect in England & Wales and Scotland
corresponding scheme	a corresponding health service scheme the provisions of which the Department has determined correspond to the provisions of these Regulations.
deferred member	in relation to a period of pensionable service is a person (P) who— (a) ceases to be an active member in relation to that period of service before P reaches normal pension age; (b) does not become a pensioner member in relation to that period of service; and (c) has at least two years' qualifying service or in respect of whom a transfer payment otherwise than from another occupational pension scheme has been received
dental provider	see paragraph 5 of Schedule 5
dental practitioner	see paragraph 7 of Schedule 5
determination employer	see paragraph 8 of Schedule 5
employing authority	see regulation 32(7)
GDS arrangements	arrangements for the provision of general dental services under Article 61 of the 1972 Order
GDS provider	a person who is party to GDS arrangements
GMS contract	a contract under Articles 57 and 57A of the 1972 Order
GMS Contracts Regulations	the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 M14
GMS practice	(a) a registered medical practitioner who belongs to group D in regulation 27(1); or (b) two or more such individuals practising in partnership; or (c) a company limited by shares with whom the RHSCB has entered into a GMS contract
GOS arrangements	has the meaning given by regulation 13 of the General Ophthalmic Services Regulations (Northern Ireland) 2007 M15
[F1 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 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) for the purpose of providing training under article 5(1)(c)(i) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 M16
guaranteed minimum pension	see the 1993 Act, section 4 M17
health service worker	a person engaged in the provision of health services under the 1972 Order
HSC employment	employment or engagement of an individual who is of a description in— (a) any of sub-paragraphs (a) to (d) of paragraph (1) of regulation 18, or (b) sub-paragraph (a) or (b) of paragraph (2) of that regulation, Unless the scheme manager certifies that the employment is not HSC employment
HSC organisation	see paragraph 1 of Schedule 5
lifetime allowance	in relation to a person, has the meaning given in section 218 of the 2004 Act M18
locum Practitioner	means a registered medical practitioner (other than a GP Registrar) whose name is included in a medical performer's list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by— (a) a GMS practice; (b) an APMS contractor; (c) an OOH provider; or (d) the RHSCB To deputise or assist temporarily in the provision of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification or collaborative services (or any combination thereof).
medical contractor	see paragraph 4 of Schedule 5
medical performers list	means a list of registered medical practitioners prepared and published in accordance with the Health and Personal Social Services (Primary Medical Performers Lists) Regulations (Northern Ireland) 2004 M19
medical practitioner	see regulation 150
member	in relation to this scheme means— (a) an active member; (b) a deferred member; (c) a pensioner member; or (d) a pension credit member
non-GP provider	(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 he assists in the provision of health and personal social services provided by that practice; (b) a partner in a partnership— (i) all of whose members have entered into a PMS agreement for the provision of primary medical services, but (ii) who is not a GP provider and who demonstrates to the satisfaction of the Department that he assists in the provision health and personal social services provided by that partnership; (c) a partner in a partnership that is an APMS contractor-- (i) that has entered into an APMS contract for the provision of primary medical services, but (ii) who is not a GP provider and who demonstrates to the satisfaction of the Department that he 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) a PMS practice or APMS contractor that has entered into a PMS agreement or 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 he assists in the provision of health and personal social services provided by that company; (e) an individual who is a PMS practice or an APMS contractor but who is not a GP provider and who demonstrates to the satisfaction of the Department that he participates in the provision of health and personal social services
normal minimum pension age	see section 279(1) of the 2004 Act
normal pension age	is determined in accordance with section 10 of the 2014 Act
OOH provider	see regulation 149
OOH services	services which are required to be provided in the out of hours period which, if provided during core hours by a GMS practice or an APMS contractor to patients 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 In this definition— (a) “core hours” means the period beginning 8am and ending 6:30pm on any day from Monday to Friday except Good Friday, Christmas Day and a bank holiday (b) “out of hours period” means— (i) the period beginning at 6:30pm on any day from Monday to Thursday and ending on 8am the following day; (ii) the period between 6:30pm on a Friday and 8am the following Monday; (iii) Good Friday, Christmas Day and a bank holiday
overtime	any period of time worked in excess of the lesser of— (a) the period of time for which the person has contracted to work in the ordinary course of events; or (b) such period of time as the scheme manager determines a person engaged in similar employment would reasonably be contracted to work in the ordinary course of events
pay period	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
pension credit	a credit under Article 26(1)(b) of the 1999 Order, (including a credit the Welfare Reform and Pensions Act 1999) M20
pension credit member	see section 121(1) of the 1995 Order
pensioner member	in relation to this scheme, is a person who is entitled to payment of a retirement pension under the scheme
pensionable employment	HSC employment in respect of which contributions are payable under Part 4
practice staff	a person who is— (a) not a registered medical practitioner, a GP registrar or a non-GP provider, and (b) is employed by a GMS practice, an APMS contractor [F2 , an OOH provider or a GP Federation] to assist in the provision of the services it provides.
practitioner	see regulation 27(5)
prospective normal pension age	in relation to a member's prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager determines (by reference to the Department of Finance and Personnel's directions made under section 10(2) of the 2014 Act) would apply in relation to those benefits.
public sector transfer arrangements	arrangements approved by the Department as providing reciprocal arrangements for the payment and receipt of transfer values between this scheme and other occupational pension schemes
qualifying service	see regulation 22
quarter	a 3 month period ending on the last day of March, June, September or December
RHSCB	the Regional Health and Social Care Board M21
scheme manager	see regulation 3
scheme year	period of 12 months starting on 1 April in any year
standard earned pension	pension which— (a) is earned under this scheme, and (b) is payable without actuarial reduction at normal pension age.
state pension age	pensionable age, as specified from time to time in Part 1 of Schedule 2 to the 1995 Order
this scheme	the scheme established by these Regulations
transfer payment	a transfer value payment or a cash transfer sum made or received by the scheme in relation to a member.
vocational trainee	a dental practitioner who is employed as a vocational trainee as a consequence of a placement arrangement made by a local postgraduate dental dean or a Director of postgraduate dental education

Textual Amendments

F1 Words in Sch. 13 inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Schemes) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/384), regs. 1(2), 14(2)

F2 Words in Sch. 13 substituted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Schemes) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/384), regs. 1(2), 14(3)

Marginal Citations

M1 S.I. 1972/1265 (N.I. 14)

M2 1993 c.49

M3 S.I. 1995/3213 (N.I. 22)

M4 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; S.R. 2013 Nos.40, 73, 247 and 259 and S.R. 2014 Nos.59 and 225

M5 S.I. 1999/3147 (N.I. 11)

M6 2004 c.12

M7 S.R. 2008 No.256

M8 2014 c.2 (N.I.)

M9 2008 c.13 (N.I.); Section 3(7) was amended by the Pensions Act (Northern Ireland) 2012 section 6(1) (2012 c.3 (N.I.))

M10 S.R. 2010 No.122; Regulation 12 was amended by S.R. 2012 No.232

M11 1998 c.11

M12 S.R. 1999 No.294 as amended by S.R. 2002 No.129; S.R. 2004 No.104; S.R. 2005 Nos.154 and 533; S.R. 2006 No.410; S.R. 2008 Nos.130 and 350; S.R. 2010 Nos.22 and 286; S.R. 2012 No.42; S.R. 2013 No.259 and S.R. 2015 No.121

M13 2013 c.25

M14 S.R. 2004 No.140

M15 S.R. 2009 No.436

M16 S.I. 2003/1250 as amended by S.I. 2007/3101

M17 Section 4 was amended by S.I. 2005/433 Schedule 1

M18 Section 218 has been amended by section 67 of, and paragraphs 1 and 2 of Schedule 18 to, the Finance Act 2011 (c.11) and section 48(1) to (3) and (5) of, and paragraphs 5 and 6(1) to (3) of Schedule 22 to, the Finance Act 2013 (c.29)

M19 S.R. 2004 No.149 as amended by S.R. 2005 No.368

M20 1999 c.30

M21 As established by the Health and Social Care (Reform) Act (Northern Ireland) 2009 (2009 c.1 (N.I.))