- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2023)
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Version Superseded: 02/04/2023
Point in time view as at 01/04/2023.
There are currently no known outstanding effects for the The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015, SCHEDULE 13.
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Regulation 152
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 [F1Department] and an APMS contractor |
APMS contractor | a person— (a) with whom the [F2Department] 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 |
[F3dental performer] | [F3a dentist who has undertaken to provide general dental services (GDS) and whose name is included in a list of dentists prepared by the Regional Business Services Organisation (RBSO) under regulation 4 of the Health and Personal Social Services General Dental services Regulations (Northern Ireland) 1993] |
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 [F4Department] 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 |
[F5GP 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 [F6Department] 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 |
[F7parental bereavement leave | means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996] |
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 [F8, 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 |
F9. . . | F9. . . |
scheme manager | see regulation 3 |
scheme year | period of 12 months starting on 1 April in any year |
[F10shared parental leave | means leave under section 107E or 107G of the Employment Rights (Northern Ireland) Order 1996;] |
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
F1Word in Sch. 13 substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 44(a)
F2Word in Sch. 13 substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 44(b)
F3Words in Sch. 13 inserted (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), 68
F4Word in Sch. 13 substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 44(c)
F5Words 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)
F6Word in Sch. 13 substituted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 44(d)
F7Words in Sch. 13 inserted (6.4.2022) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2022 (S.R. 2022/168), regs. 1, 22(6) and (3.10.2022) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/236), regs. 1(1), 22(6) (with regs. 32, 34)
F8Words 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)
F9Words in Sch. 13 omitted (1.4.2023) by virtue of The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 43
F10Words in Sch. 13 inserted (1.4.2023) by The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/33), regs. 1(2), 26(a)
Marginal Citations
M4S.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
M7S.R. 2008 No.256
M92008 c.13 (N.I.); Section 3(7) was amended by the Pensions Act (Northern Ireland) 2012 section 6(1) (2012 c.3 (N.I.))
M10S.R. 2010 No.122; Regulation 12 was amended by S.R. 2012 No.232
M12S.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
M14S.R. 2004 No.140
M15S.R. 2009 No.436
M16S.I. 2003/1250 as amended by S.I. 2007/3101
M17Section 4 was amended by S.I. 2005/433 Schedule 1
M18Section 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)
M19S.R. 2004 No.149 as amended by S.R. 2005 No.368
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