The Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023

Interpretation of Part 4

14.  In this Part—

“1995 regulation 73A” means regulation 73A of the 1995 Regulations(1) (Option to pay additional periodical contributions to purchase additional pension);

“1995 regulation 73C” means regulation 73C of the 1995 Regulations (Members option to pay lump sum contributions to purchase additional pension);

“1995 regulation 73D” means regulation 73D of the 1995 Regulations (Payment of additional lump sum contributions by employing authority);

“2008 regulation 34” means regulation 34 of the 2008 Regulations(2) (Member’s option to pay additional periodical contributions to purchase additional pension);

“2008 regulation 36” means regulation 36 of the 2008 Regulations (Member’s option to pay lump sum contribution to purchase additional pension);

“2008 regulation 37” means regulation 37 of the 2008 Regulations (Payment of additional lump sum contributions by employing authority);

“2008 regulation 165” means regulation 165 of the 2008 Regulations(3) (Member’s option to pay additional periodical contributions to purchase additional pension);

“2008 regulation 167” means regulation 167 of the 2008 Regulations (Member’s option to pay lump sum contribution to purchase additional pension);

“2008 regulation 168” means regulation 168 of the 2008 Regulations (Payment of additional lump sum contributions by employing authority);

“2015 regulation 47” means regulation 47 of the 2015 Regulations (Payment of buy-out contributions);

“2015 regulation 58” means regulation 58 of the 2015 Regulations (Accepting an additional pension election);

“2015 regulation 61” means regulation 61 of the 2015 Regulations (Lump sum contributions: payment of contributions and credit of additional pension);

“2015 regulation 63” means regulation 63 of the 2015 Regulations (Periodic contributions);

“2015 transitional regulation 25” means regulation 25 of the 2015 Transitional Regulations(4) (Decoupling of benefits derived from additional contributions);

“actuarial increase” means a late payment actuarial increase under paragraph 2 of Schedule 11 to the 2015 Regulations (Calculation of pension: late payment of pension with actuarial increase) where the calculation of that increase must take account of any buy-out election in accordance with sub-paragraph (4) of that paragraph;

“actuarial reduction” has the meaning given in paragraph 9 of Schedule 7 to the 2015 Regulations (Pension accounts);

“corresponding option” means—

(a)

where pursuant to section 2(1) of PSPJOA 2022, the remedy member’s remediable service is treated as being pensionable service under the 1995 Regulations—

(i)

an option under 1995 regulation 73A if the member paid contributions in respect of an additional pension election in accordance with 2015 regulation 63;

(ii)

an option under 1995 regulation 73C if the member paid the lump sum contribution referred to in 2015 regulation 61; or

(iii)

an option under 1995 regulation 73D if the member’s employing authority paid the lump sum contribution referred to in 2015 regulation 61; or

(b)

where pursuant to section 2(1) of PSPJOA 2022, the remedy member’s remediable service is treated as being pensionable service under the 2008 Regulations—

(i)

an option under 2008 regulation 34 or 2008 regulation 165 if the member paid contributions in respect of an additional pension election in accordance with 2015 regulation 63;

(ii)

an option under 2008 regulation 36 or 2008 regulation 167 if the member paid the lump sum contribution referred to in 2015 regulation 61; or

(iii)

an option under 2008 regulation 37 or 2008 regulation 168 if the member’s employing authority paid the lump sum contribution referred to in 2015 regulation 61.

“relevant contributions” means contributions that were paid by the remedy member—

(a)

on or after the member’s 60th birthday if the member’s contributions are to be treated as if they had been paid under a corresponding option exercised under the 1995 Regulations, or

(b)

on or after the member’s 65th birthday if the member’s contributions are to be treated as if they had been paid under a corresponding option exercised under the 2008 Regulations;

“remedy period” means the period from 1st April 2015 to 31st March 2022 (both dates inclusive).

(1)

Regulations 73A, 73C and 73D of the 1995 Regulations were inserted by S.R. 2008 No.163

(2)

Regulations 34, 36 and 37 and regulations 165, 167 and 168 of the 2008 Regulations were amended by S.R. 2010 No.22.

(3)

Regulations 165, 167 and 168 of the 2008 Regulations were amended by S.R. 2010 No. 22.

(4)

Regulation 25 of the 2015 Transitional Regulations was amended by S.R. 2022 No.156.