31.—(1) Each employing authority must contribute to [F1this Section of] the Scheme, in respect of each person who is an active member of [F1 this Section of] the Scheme in an employment with the authority, at such a rate as the Department specifies from time to time.
[F2(2) In specifying such a rate, the Department must—
(a)obtain the consent of the Department of Finance and Personnel; and
(b)take account of the advice of [F1this Section of] the Scheme actuary and the cost of providing for any increase in pensions under the Scheme as a result of orders made under the provisions of the Pensions (Increase) Act (Northern Ireland) 1971 and Article 69 of the Social Security Pensions (Northern Ireland) Order 1975.]
(3) Any contributions payable under this regulation must be paid to the Department on the same day as the member's contributions under regulation 27.
(4) If for any period a person holds more than one employment with an employing authority in respect of which the person is an active member of [F1this Section of] the Scheme, this regulation and regulation 32 apply in respect of each of those employments as if it were the only employment held.
(5) The rate for the period commencing on 1st April 2008 and ending on 31st March 2009 is 15.7%.
[F3(6) In any particular case the Department may direct that, for the purposes of this Chapter, “employing authority” includes one or more of—
(a)the transferee under a transfer of staff order pursuant to—
(i)Article 3(4)(b) of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990, or
(ii)paragraph 24(2) of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991;
(b)without limiting sub-paragraph (a), a successor, transmittee or assignee of an employing authority’s business or functions; and
(c)the last employing authority of a person to whom these Regulations apply.]
[F4(7) If a non-GP provider is—
(a)an employing authority which is a GMS practice or an APMS contractor; or
(b)a shareholder in such an employing authority,
that non-GP provider must pay contributions, under this regulation to the Host Board.
This is subject to paragraph (8).
(8) If a non-GP provider is a shareholder or partner in one or more employing authority referred to in paragraph (7), each employing authority must pay contributions under this regulation on any pensionable earnings it pays to the non-GP provider or, as the case may be, on the non-GP provider’s share of the partnership profits, to the Host Board.]
Textual Amendments
F1Words in reg. 31 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), regs. 1(2), Sch. 2 Pt. 1
F2Reg. 31(2) substituted (with effect in accordance with reg. 1(3) 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), 32(2) (with reg. 89)
F3Reg. 31(6) added (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), 32(3) (with reg. 89)
F4Reg. 31(7)(8) added (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), regs. 1(2), 22