The Health and Personal Social Services (Superannuation) (Amendment) Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (“the principal Regulations”) which provide for the superannuation of persons engaged in the Health and Personal Social Services in Northern Ireland.

Regulations 1 and 2 provide the citation, commencement and interpretation of the Regulations. Regulation 3 amends regulation 2 of the principal Regulations, in particular to include definitions relating to the introduction of piloted services under the Health Services (Primary Care) (Northern Ireland) Order 1997.

Regulation 4 amends regulation 13 of the principal Regulations in order to remove the overriding cap when a lump sum is paid early on the grounds of terminal ill-health.

Regulations 5 and 6 amend regulations 14 and 15 of the principal Regulations which are concerned with pensions for early retirement on the grounds of redundancy, or with the employer’s consent so that they do not apply to a provider of piloted services.

Regulation 7 amends regulation 52 of the Principal regulations by inserting new paragraphs (7A) and (7B) to enable GP Practice staff whose contract to purchase additional service ceased prematurely, to continue that contract provided the conditions set out in the Regulations are satisfied. Regulation 8 amends regulation 67 of the Principal Regulations by inserting new paragraphs (6A) and (6B) to provide that certain numbers who entered the scheme after 17th March 1987 can increase additional service to be purchased.

Regulation 9 amends regulation 77 of the principal Regulations by inserting new paragraphs (1), (10A) and (10B). New paragraph (1) provides that regulation 77 not only applies to members who are employed by one or more employing authority or hold two or more separate employments under one employing authority, but also applies to members who are in HPSS employment at the time of redundancy and who also held another concurrent employment within 12 months prior to the redundancy date. Paragraph 10A provides that a member, who has been made redundant from HPSS employment and whose last concurrent employment as a practitioner terminated within 12 months prior to the redundancy date, shall be entitled to a pension only under regulations 12, 16 or 49 of the principal Regulations in respect of his practitioner employment. Paragraph 10B provides an option which is available to a member to whom paragraph 10A applies, to elect, in respect of officer service to which paragraph 9(1), (6) or (9) of Schedule 2 to the principal Regulation applies, that paragraph 9 should not apply and to receive a pension under regulation 14 in respect of that service.

Regulation 10 amends regulation 81 and regulation 12 amends regulation 85 of the principal Regulations to correct the reference to Isle of Man legislation.

Regulation 11 inserts a new regulation 83A on the principal Regulations in order to include providers of and performers in piloted medical services under the Health Services (Primary Care) (Northern Ireland) Order 1997 in the scheme.

Regulation 13 amends regulation 85 of the principal Regulations by inserting a new paragraph (15) to provide that certain GP practice staff in receipt of a HPSS pension shall not be subject to abatement of pension.

Regulation 14 amends paragraph 3 of Schedule 2 to the principal Regulations so that there will no longer be an adjustment to a general practitioner’s earnings when he employs an assistant practitioner. Paragraph 6 of Schedule 2 is amended in order to define superannuable earnings for practitioners who are providing or performing piloted services. Consequential amendments are made to paragraph 6(2) of Schedule 2. Paragraph 19 of Schedule 2 is amended in order to provide that a general practitioner provider of piloted services will be treated as a practitioner if he is absent from work due to illness or injury and that a general practitioner performer of piloted services will be treated as an officer if he is absent from work due to illness or injury.