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PART 3N.I.BENEFITS FOR PRACTITIONERS ETC.

CHAPTER 2N.I.MEMBERSHIP

Eligibility: generalN.I.

153.—(1) A person is eligible to be an active member of [F1this Section of] the Scheme if conditions A to C are met and the person is not prevented by regulation 154, 155 or 158.

(2) Condition A is that the person is in practitioner service.

(3) Condition B is that the person—

(a)enters practitioner service on or after 1st April 2008 F2..., or

[F3(b)entered HSC employment before that date and whether or not that person was, on that date, an active member of the 1995 Section in that employment or any other HSC employment,]

[F4and meets any one of the [F5other Section conditions] (see paragraph (5))]

(4) Condition C is that the person has not reached the age of 75.

(5) The “ [F6other Section conditions] ” are that—

(a)the person has not previously been an active member of the [F71995 Section] ;

(b)the person ceased to be an active member of the [F71995 Section] at least 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of [F8that Section] ;

(c)the person ceased to be an active member of the [F71995 Section] less than 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of [F8that Section] and has received a repayment of contributions in respect of that membership; or

(d)the person ceased to be an active member of the [F71995 Section] on leaving HSC employment and before the person re-entered such employment—

(i)a transfer payment was made in respect of the person under Part VI of [F8that Section] , or

(ii)the person made an application under regulation 54 of [F8that Section] (exercising a right to transfer or buy-out) from which the person may not withdraw,

F9...

[F10(e)the person—

(i)ceased to be an active member of the [F71995 Section] on leaving HSC employment,

(ii)became a deferred member of [F8that Section] on leaving that employment and has not become a pensioner member of [F8that Section] between the date of leaving that employment and joining [F11this Section of] the Scheme, and

(iii)re-entered HSC employment on or after 1st October 2008 and 5 or more years since last leaving HSC employment; or

(f)the person—

(i)ceased to be an active member of the [F71995 Section] before 1st April 2008 on leaving HSC employment,

(ii)became a deferred member of [F8that Section] on leaving that employment,

(iii)re-entered HSC employment on or after 1st October 2008 and 5 or more years since last leaving HSC employment, and

(iv)before the person re-entered such employment—

(aa)a transfer payment was made in respect of the person under Part VI of [F8that Section] , or

(bb)the person made an application under regulation 54 of [F8that Section] (Exercising a right to transfer or buy-out) from which the person may not withdraw,

but sub-paragraphs (d) to (f) will not apply if the Department has permitted such a person to rejoin the [F71995 Section] in the circumstances described in regulation 7(3) of the 1995 Regulations.]

[F12(g)the person is a deferred member of the 1995 Section who has given notice for the purposes of paragraph (1) or (1A) of regulation 9 of the 1995 Regulations (Opting out of the Scheme) and—

(i)as result of that notice has been treated as ceasing to be an active member of that Section, and

(ii)pursuant to that notice remains opted-out of that Section for five years or more.

(h)the person is a deferred member of the 1995 Section who has given notice for the purposes of paragraph (1) or (1A) of regulation 9 of the 1995 Regulations (Opting out of the Scheme) and following that notice, has ceased to be an active member of that Section for any one period of five or more years comprising the aggregate of—

(i)any period during which the person leaves HSC employment, and

(ii)any period during which the person is treated as never having been an active member of that Section in accordance with paragraph (3) of regulation 9 of those Regulations in respect of one or more later periods of HSC employment entered into after having given the notice for the purposes of paragraph (1) or (1A) of that regulation;

(i)the person—

(i)has given notice for the purposes of regulation 9 of the 1995 Regulations (Opting-out of the scheme) and as a result of that notice all of that person’s HSC employments ceased to be superannuable employment for the purposes of those Regulations,

(ii)is not entitled to a pension (including a deferred pension) under those Regulations, and

(iii)has been treated as ceasing to be in superannuable employment under the 1995 Regulations for a period of 12 months or more;

(j)the person—

(i)has given notice for the purposes of regulation 9 of the 1995 Regulations (Opting-out of the scheme) and as a result of that notice all of that person’s HSC employments ceased to be superannuable employment for the purposes of those Regulations,

(ii)is not entitled to a pension (including a deferred pension) under those Regulations, and

(iii)has, in respect of the HSC employments referred to in head (i), either received a repayment of contributions or exercised the right to a transfer payment under Part VI of those Regulations]

(6) This regulation shall apply to any person who has previously been an active member of a corresponding health service scheme as though in paragraphs (3) and (5) any reference to—

(a)“[F131995 Section]” includes a reference to that corresponding health service scheme, and

(b)“HSC employment” includes a reference to—

(i)employment to which regulations made under sections 10 (1) and (2) and 12 (1) and (2) of, and Schedule 3 to, the Superannuation Act 1972 apply,

(ii)employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967 M1,

(iii)employment to which regulations made under section 10 of the Superannuation Act 1972 M2 and having effect in Scotland apply,

(iv)employment to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald) applies, and

(v)employment with an employer with whom an agreement has been made under section 235 of the National Health Service Act 2006.

Textual Amendments

Marginal Citations

[F14Eligibility: transitionalN.I.

153A.—(1) A person is eligible to be an active member of this Section of the Scheme if—

(a)the person is not prevented from being so by regulation 154 or 158; and

(b)either—

(i)the Department has accepted that person’s option to join this Section of Scheme under Chapter 10 of this Part, or

(ii)that person meets all of the requirements in paragraph (2).

(2) Those requirements are that the person—

(a)is under age 75;

(b)was an active member of the 1995 Section on or after 1st April 2008;

(c)became a pensioner member of the 1995 Section on, or before, 1st October 2009;

(d)has either—

(i)returned to HSC employment since becoming a pensioner member referred to in sub-paragraph (c), or

(ii)commenced for the first time HSC employment; and

(e)is not eligible to be an active member of the 1995 Section in respect of the employment referred to in sub-paragraph (d).

This is subject to paragraphs (3) to (8).

(3) A person referred to in paragraph (2) is eligible to be an active member of this Section of the Scheme, from the day immediately following the end of Waiting Period A, if that person is entitled to a pension under one of the following regulations of the 1995 Regulations—

(a)12 (Normal retirement pension);

(b)13A(3)(a) (tier 1 ill-health pension on early retirement);

(c)14A (Early retirement pension (termination of employment by employing authority)); or

(d)16 (Early retirement pension with (actuarial reduction)).

(4) A person referred to in paragraph (2) is eligible to be an active member of this Section of the Scheme, from the day immediately following the longer of Waiting Period A and Waiting Period B, if that person is entitled to a pension under one of the following regulations of the 1995 Regulations—

(a)13 (Early retirement pension (ill health));

(b)14 (Early retirement pension (redundancy etc additional provisions)),

(5) If a person referred to in paragraph (2) is entitled to a pension under regulation 13A(3)(b) (tier 2 ill-health pension on early retirement), that person shall be eligible to be an active member of this Section of the Scheme from the day immediately following whichever of the following occurs last —

(a)the anniversary of that person entering HSC employment; or

(b)the end of Waiting Period A.

(6) A person to whom paragraph (1)(b)(i) or (3)(b) applies and who is entitled to a tier 1 ill-health pension under regulation 13A(3)(a) of the 1995 Regulations, ceases to be eligible to be an active member of this Section of the Scheme from the date the Department makes a determination that that person is entitled to a tier 2 ill-health pension in place of that tier 1 ill-health pension under regulation 13B(3) of those Regulations (Re-assessment of ill-health condition determined under regulation 13A).

(7) For the purposes of this regulation—

(a)“Waiting Period A” is a period of two calendar years beginning on the day the person becomes entitled to the pension under the 1995 Regulations;

(b)“Waiting Period B” is a period beginning on the day the person becomes entitled to the pension under the 1995 Regulations equal to the calendar length of—

(i)any increase to the person’s superannuable service in the 1995 Section of the Scheme which has been applied in accordance with paragraph (3) of regulation 13 of the 1995 Regulations; or

(ii)any additional service with which the person has been credited in accordance with regulation 5 of the Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983.

(8) This regulation applies to any person who has previously been an active member of a corresponding 1995 scheme as though any reference to—

(a)the “1995 Section” includes a reference to that corresponding 1995 scheme;

(b)the “1995 Regulations” includes a reference to any regulations, orders, rules or other instruments governing that corresponding 1995 scheme;

(c)regulations “12”, “13”, “13A”, “13A(3)(a)”, “13A(3)(b)”, “13B(3)”, “14”, “14A” or “16” includes the equivalent of those regulations in a health service scheme the provisions of which correspond to the 1995 Regulations; and

(d)“regulation 5 of the Health and Personal Social Services (Compensation for Premature Retirement) Regulations (Northern Ireland) 1983” includes the equivalent of that regulation as it applies to a member of a corresponding 1995 scheme.]

Textual Amendments

Restrictions on eligibility: generalN.I.

154.—[F15(1) A person is not eligible to be an active member of this Section of the Scheme if the person—

(a)became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or before, 1st April 2008 (except if paragraph (1)(b)(i) of regulation 153A applies to that person); or

(b)became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or after, that date (except if paragraph (1)(b)(i) or (ii) of regulation 153A applies to that person); or

(c)is a deferred member of the 1995 Section or a corresponding 1995 scheme, but is not a deferred member—

(i)to whom regulation 153(5)(e), (f), (g) or (h) applies, and

(ii)in respect of whom permission of the Department to rejoin the 1995 Section has not been granted pursuant to regulation 7(3) of that Section.]

(2) A person is not eligible to be an active member of [F16this Section of] the Scheme in respect of service in an employment if the person is an active member of a superannuation scheme established under Article 3 or 11 of the Superannuation (Northern Ireland) Order 1972 in respect of service in that employment.

(3) A person who holds an honorary appointment and does not at the same time hold any other employment which entitles him to be a member of [F16this Section of] the Scheme is not eligible to be an active member of [F16this Section of] the Scheme.

(4) A person is not eligible to be an active member of [F16this Section of] the Scheme in any further employment if the person—

(a)becomes entitled to a tier 2 pension under regulation 182, and

(b)opts to exchange that pension for a lump sum in accordance with regulation 186.

(5) A person who is entitled to the immediate payment of a pension under [F16this Section of] the Scheme under a regulation that requires the person not to be in HSC employment may only be an active member in accordance with—

(a)regulation 180,

(b)regulation 239 (effect of re-employment on tier 2 ill-health pensions),or

(c)Chapter 7.

[F17(6) A person is not eligible to be an active member of [F16this Section of] the Scheme in any future employment if the person—

(a)ceases to be entitled to a tier 1 ill-health pension under regulation 182; and

(b)becomes entitled to a tier 2 ill-health pension under that regulation on the date the Department makes a determination under regulation 183(3).

(7) A person to whom paragraph (6) applies is eligible to be an active member of [F16this Section of] the Scheme in any further employment after the first anniversary of that person’s first day of such employment following the date of the Department’s determination under regulation 183.]

[F18(8) A person is not eligible to be an active member of this Section of the Scheme if that person is a person, other than a registered dentist, who is employed as a dental pilot scheme employee otherwise than by a HSC Trust, and who either—

(a)was, immediately prior to the commencement of such employment, a HSC dental employee who was not eligible to join the scheme; or

(b)has not previously been in employment as a HSC dental employee.

(9) A person is not eligible to be an active member of this Section of the Scheme if that person is a provider of personal dental services under a pilot scheme to whom these Regulations did not apply immediately prior to the commencement of the pilot scheme, other than a registered dentist.]

Textual Amendments

Concurrent employmentsN.I.

155.  A practitioner may participate in [F19this Section of] the Scheme in respect of employment as a practitioner even if he also participates in Part 2 in respect of concurrent whole-time or part-time employment as an officer within the meaning of that Part.

Textual Amendments

[F20Participators in pilot schemesN.I.

155A.—(1) For the purposes of these Regulations, for the duration of any pilot scheme—

(a)a registered dentist—

(i)who is, in relation to the pilot scheme, a person providing piloted services, or a dental pilot scheme employee; and

(ii)who, immediately prior to the commencement of the pilot scheme, was a member of the scheme by reason of his employment as a practitioner,

shall be treated as a practitioner employed by the Regional Board;

(b)a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme shall be treated as a practitioner employed by the Regional Board;

(c)a registered dentist shall be treated as an officer if—

(i)he is a dental pilot scheme employee; and

(ii)immediately prior to the commencement of the pilot scheme he was a member by virtue of his employment as an officer; and

(iii)his name was at that time included in a dental list immediately prior to the commencement of the pilot scheme;

(d)a registered dentist to whom paragraph (a) does not apply shall—

(i)if he is providing piloted services, be treated as a practitioner employed by the Regional Board; or

(ii)if he is a dental pilot scheme employee, be treated as an officer;

(e)a member, who immediately prior to the commencement of a pilot scheme—

(i)was employed as a HSC employee or as a HSC dental employee and was not a registered dentist; or

(ii)was employed as a dental pilot scheme employee, and was not a registered dentist,

and who, after the commencement of the pilot scheme, is providing piloted services, shall be treated as a whole-time officer employed by the Regional Board;

(f)a person other than a registered dentist who—

(i)is employed as a dental pilot scheme employee otherwise than by a HSC Trust;

(ii)immediately prior to the commencement of such employment, was employed by an HSC Trust or by the Regional Board as a HSC dental employee; and

(iii)was at that time a member,

shall continue to be eligible to be a member.

(2) Notwithstanding paragraph (1), where the provider of a piloted service is a qualifying body, it shall be liable to pay contributions under regulation 31 or 162 as appropriate, as if it were an employing authority in respect of a member to whom paragraph (1)(b) applies, or who is employed by the qualifying body as a dental pilot scheme employee.

(3) For the purposes of this regulation, “qualifying body” means—

(a)a body corporate which, in accordance with the provisions of Part IV of the Dentists Act 1984, is entitled to carry on the business of dentistry; or

(b)a company which is limited by shares, all of which are legally and beneficially owned by persons falling within sub-paragraph (a), (b), (c) or (e) of paragraph (2) of Article 5 of the 1997 Order.]

Textual Amendments

Joining and leaving the SchemeN.I.

Joining [F21this Section of] the SchemeN.I.

156.—[F22(1) Subject to paragraph (3), a person in HSC employment who is eligible to be an active member of this Section of the Scheme becomes such a member, unless absent from work for any reason, on either—

(a)the commencement of the person’s employment; or

(b)in circumstances where the person has previously opted out of this Section of the Scheme under regulation 157(1), on that person’s—

(i)automatic enrolment date; or

(ii)automatic re-enrolment date, except where the notice referred to in regulation 157(1) was given within the 12 months immediately preceding that date.]

(2) A person who is eligible to be such a member by virtue of falling within regulation 153(3)(b) may opt to become such a member by giving notice in writing to the employing authority.

[F23(3) A person who has previously exercised an option to opt out of this Section of the Scheme in accordance with regulation 157(1) in respect of an employment in which that person was an active member, and who remains eligible to be such a member in respect of that employment, may opt to join or re-join this Section of the Scheme by giving notice in writing to the employing authority in such form as the Department requires.]

(4) A notice under paragraph (3) takes effect—

(a)from the beginning of the first pay period to begin after the notice is received by the employing authority, or

(b)if the notice specifies a date that is the first day of a later pay period, from that date.

(5) A notice under paragraph (3) may not be given by a person who is absent from work for any reason.

F24(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Opting out of [F25this Section of] the SchemeN.I.

157.—(1) A person who is an active member of [F25this Section of] the Scheme in any [F26HSC] employment may opt at any time to cease to be such a member by giving notice in writing to the person's employing authority.

[F27(2) A person who opts out under paragraph (1) ceases to be an active member of this Section of the Scheme on the date the notice takes effect and, if applicable, any contributions made by or on behalf of the person for a period of membership after the date on which the notice was effective must be refunded.]

(3) The notice takes effect—

(a)from the beginning of the first pay period to begin after the notice is received by the employing authority, or

(b)if the notice specifies a later date, from the beginning of the first pay period after that in which the specified date falls.

[F28(4) A person to whom paragraph (1)(a) of regulation 156 applies in respect of an employment who gives notice in writing under paragraph (1) of this regulation within one month of the date of commencing that HSC employment, is treated as not having become an active member by virtue of that regulation.

(5) A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the person’s—

(a)automatic enrolment date, or

(b)automatic re-enrolment date: this does not apply where the notice was given within 12 months immediately preceding that date.]

F29(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A practitioner who opts not to contribute to [F25this Section of] the Scheme [F30in respect of one or more employments as a practitioner under this Part must do so] in respect of all his employments as a practitioner [F31but] may, nevertheless, participate in [F25this Section of] the scheme in respect of concurrent employment as an officer under Part 2 [F32or as a locum practitioner] [F33: this is subject to paragraph (10) of regulation 260].

[F34(8) This regulation does not apply to a person to whom sections 3, 5 or 8 of the 2008 Act and regulations 9 or 15 of the 2010 Regulations applies (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the Scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the Scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.]

Textual Amendments

Restriction on further participation in [F35this Section of] the SchemeN.I.

158.—(1) A person who ceases to meet conditions A, B and C in regulation 153 in an employment or is prevented by regulation 154 from continuing to be an active member in an employment must cease to be an active member of [F35this Section of] the Scheme in that employment.

(2) Accordingly—

(a)a person within paragraph (1) may not make any further contributions to [F35this Section of] the Scheme under Chapter 3 (contributions); and

(b)any further service of the person is not pensionable service for the purposes of [F35this Section of] the Scheme.

Textual Amendments

Membership: locum practitionersN.I.

159.—(1) Regulation 156 does not apply to a locum practitioner.

(2) A locum practitioner may apply to join [F36this Section of] the Scheme by sending an application to the employing authority and submitting such evidence relating to his service as a locum practitioner and the contributions payable in respect of it as are required by that employing authority.

(3) On receiving such an application, such evidence and such contributions, the employing authority must submit the application to the Department.

(4) No application may be made under paragraph (2) in respect of a period of engagement as a locum practitioner ending earlier than ten weeks before the date of the application.

Textual Amendments