The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

Joining and leaving the Scheme N.I.

Joining [F1 this Section of] the Scheme N.I.

156.—(1) A person entering employment with an employing authority in which the person is eligible to be an active member of [F1 this Section of] the Scheme becomes such a member, unless regulation 157(4) or regulation 159 applies.

(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.

(3) A person who whilst an active member in any employment has exercised the option to opt out of [F1 this Section of] the Scheme under regulation 157(1) and is eligible to be an active member—

(a) in that employment, or

(b) in a later employment to which paragraph (1) does not apply because of regulation 157(5),

may opt to become an active member in the employment in which the member is eligible to be such a member 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.

(6) Paragraph (1) is subject to regulation 157(5).

Textual Amendments

F1 Words in reg. 156 inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 1

Opting out of [F2 this Section of] the Scheme N.I.

157.—(1) A person who is an active member of [F2 this Section of] the Scheme in any employment may opt at any time to cease to be such a member by giving notice in writing to the person's employing authority.

(2) A person who so opts ceases to be such a member on the date the notice takes effect.

(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.

(4) A person within regulation 156(1) in respect of an employment (automatic membership on entering employment) who gives notice in writing under paragraph (1) before the end of the person's first pay period in the employment is treated as not having become an active member under that regulation.

(5) Regulation 156(1) does not apply to a person entering an employment with an employing authority (“the later employment”) if—

(a) the person has previously given notice under paragraph (1) in respect of an employment with the same authority that has ceased (“the earlier employment”), and

(b) either—

(i) the period beginning with the day following that on which the earlier employment ceased and ending with the day before the later employment begins, or

(ii) the period beginning with the day following that on which a relevant intermediate employment ceased and ending with the day before the later employment begins,

is less than 12 months.

(6) An employment is a relevant intermediate employment for the purposes of paragraph (5) if—

(a) regulation 156(1) did not apply to the person on entering it because of paragraph (5), and

(b) the person did not opt to become a member of [F2 this Section of] the Scheme in that employment under regulation 156(3).

(7) A practitioner who opts not to contribute to [F2 this Section of] the Scheme [F3 in respect of one or more employments as a practitioner under this Part must do so] in respect of all his employments as a practitioner [F4 but] may, nevertheless, participate in [F2 this Section of] the scheme in respect of concurrent employment as an officer under Part 2.

Textual Amendments

F2 Words in reg. 157 inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 1

F3 Words in reg. 157(7) inserted (with effect in accordance with reg. 1(5) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 60(2) (with reg. 89)

F4 Word in reg. 157(7) inserted (with effect in accordance with reg. 1(5) of the amending Rule) by The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/65), regs. 1(2), 60(3) (with reg. 89)

Restriction on further participation in [F5 this Section of] the Scheme N.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 [F5 this Section of] the Scheme in that employment.

(2) Accordingly—

(a) a person within paragraph (1) may not make any further contributions to [F5 this Section of] the Scheme under Chapter 3 (contributions); and

(b) any further service of the person is not pensionable service for the purposes of [F5 this Section of] the Scheme.

Textual Amendments

F5 Words in reg. 158 inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 1

Membership: locum practitioners N.I.

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

(2) A locum practitioner may apply to join [F6 this 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

F6 Words in reg. 159(2) inserted (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), reg. 1(2), Sch. 2 Pt. 1